Los Angeles daily herald., 1889-08-16
a. Uuiu.r,s,abie Homicide.

The more We examine the facts con-
nected with the killing Of Judge Terry,
the clearer does it appear to us that
Justice Fields bodyguard committed a
crime unjustified by the circumstances of
the occasion. Until all the facts were
known, there was possibility that the
Deputy Marshal only fred when he saw
that Terry was armed, and that the life
of Justice Field was in immiHent jeop-
ardy. Had such been the case
there would have been justification
for the shooting. But such was
not the case. Terry was without
arms. None we're found upon his per-
son, and, therefore, the only excuse that
Nagle could plead for shooting down
Judge Terry fails to materialize. If the
Deputy Marshal was there for a legal
purpose, he wss there TO preserve the
peace and to protect Justice Field. He
was certainly not there, in legitimate
sense, to kill Terry when be was not
making deadly assault upon Field
The rule of the law is that no mere force
shall be used by an officer to preserve
the peace than is warranted by the cir
cumstances OF any particular case. The
Marshal effectually set this rul,
Mt defiance, and preserved th,
peace" by killing the man he SHOULD
have merely arrested. 1t is no answe
to say that this officer WAS carrying ou
the instr uctions of the Department o
Justice at Washington. That Depart
ment, nor any Department or individua
in the Government, has not the power t.
order the co mmission of crime; and i
the United States Attorney General is
eued instructions to the Marehals to kill
Terry as he was killed. then that oficial
is equally guilty with Nagle. There il
no divinity in this country that doth
hedge round a Judge, like king, which
permits crime to be committed for his
protection, any more than there is fol
the hum blest citizen.
The Deputy Marshal cried "Stopl'
and fred a bullet into Terry's heart
1t would seem that the cry was alto
gether supeIfuous. Had be been G
brave man he would have covered Terry
and placed him under arrest. He haC
what is called "the Drop on him, and
Terry would have been compelled tc
yield. There is great deal OF wild talk
about Terry having made repeated
threats to take Justice Fields life
These lack authorization. Terry Wal
indisputably brave man, and brav,
men do not 60 around making threats.
When Terry was asked by Mr.. Stack
pole, the proprietor of the dining station
if there was danger of a collision, be
promptly told that gentleman to look out
for his wife, learning that she had gone
back to the car to get her satchel, il
which was pistol. The deduction from
this is plain. He did not then intend tc
have difficulty with Field, but be feared
that Mrs. Terry, in her rash and impetu
GUS mood, weuld do something tha
would force him into trouble. He wanted
her intercepted. The sight of Field
however, sitting at the table, reused
his ire, and be deter mined at once to e
affront him that he would be compelled
as man of honor and one who hac
recognized the code to seek some means
of satisfaction. This is the theory which
men who knew Terry we'll believe is the
correct one. If Terry had intended tc
have mortal fracas with the Justice
he would have been armed.
The Deputy United States Marshal
however, was not called upon by the
circumstances of the assault to Kill
Terry. Officers, whether State Of
Federal, are not warranted in executins
punishment on people whom they set
breaking the peace. They are the minis
terial arms of the law, and when the,
usurp the authority Of justice, and pas
judgment upon and summarily execut,
offenders according to their own peculiar
notions, they should be taught severe
and ealutary lesson,