New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-16
have sacrificed unnecessarily a good deal OF
well-earned prestige.
THE Killing or TERRY.

THE KILLING OF TERRT.
The killing of the rufiian and murderer
Terry by a United States Deputy Marshal
while in the act Of assaultiug Justice Field,
makes a curious legal situation. 1T cannot be
claimed that Maggie shot Terry in Seli-defence
There was no indication of any intention TO
modest the Deputy Marshal. and even the al
tack ppon Justice Field was confined to slap
IN the face which is not deemed a sufficient
nrovocation for killing under ordinary cirum-
stances. On the other hand. there is abundant
evidence that Justice Field, the Deputy Mar
shall and many others had reason to believe
that the life OF the Judge was in danger from
Terry Terry had threatened. it is said, to
Kill him and Justice Field, with a serene cOur-
age that does him infinite credit went on
nevertheless mdeterred in the discharge of
his duty. The suspicion was aroused that
trouble was brewing by the effort OF Terry
and his tigef-like wife to gain an entrance
into the car occupied by Justice Field. 1t
certainly showed extraordinary GOODNESS for the
Judge TO leave the car after this, and expose
himself to the hazards Of meeting with the
terrible pair According to the published ac-
counts. there was 50 much fear of disturb
ance that Terry was questioned about the
actions of his wife. and admitted that there
might lie trouble: and the satchel which she
was bringing to him from the car, when Wrung
from her grasp. was found to contain pistol.
This leaves little doubt that they meditated
nnIder, and that if the Deputy Marshal had
been little less prompt with his revolver the
world might have been scandalized by the as
sassination Of a Judge of our highest court in
revenge for action taken in the line Of his duty.
The position of the Deputy Marshal was q
most peculiar one. The statements Of Attor
ney-G eneral Miller show that the threatening
intentions Of Terry toward Judges Field and
SAWYER were 50 well known that the Deputy
had been assigned to the duty Of protecting
the person Of Justice Field at any cost. He
did so by shooting down a man Of whom he
himself stood in no danger, so far as now APP
pearS. No one can suppose for moment that
any Jury will convict the Deputy Of murder
for saving the life he was assigned to guard,
and vet it will be interesting to know what line
Of defence can be adopted that will allow the
Deputy to escape without too great violence to
the theory Of the law especially as Terry seems
to have been unarmed
1t is STANCE coincidence that Oh the very
same day, and in another part Of the same
State Judge Pierce, of the Superior Court
should have been shot and seriously wounded
by another angry sutton. This recalls the ia
nous case Of the same kind in Kentucky some
years ago. Attacks Of this kind are a double
crime against society. They are not only
mmderous assaults upon the lives Of citizens
but are also an attack upon the law itself as
represented in the person of the Judge. 1t is
monSrouS that an officer selected to decide
disputes between citizens should be put in
peril of his life at the hands of those he is
compelled to diSappoint, simply because he dis
charges the duty deyolyed upon him by so
ciety. II Judges should go about armed for
their defence against dissatisfied litigantS, as
Judge Field was urged to do, and Judge and
sutCr should be Matching each other TO get
the first drop" our civilization would have
come to q pretty pass; and yet the assault on
Justice Field and the shooting of Judge Pierce
on the same day make this picture seem within
the range of possibility. 1t may not be prac-
ticable TO afford better protection to the lives
of Judges, and happily. these cases are rare;
but. if so, this is one OF those instances IN which
public sentiment can properly make itself felt
upon the side of natural justice. without too
much regard to the letter of the law. It. is safe
to say that Deputy Marshal Nagle has nothing
to fear from a California jury.
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