Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-09-17

The answer 10 this proposition is really in
Guided in the answer to the las but we desire
TO make some observations bearing especially
The Acknowledgement and eoupsel for the
State declined 10 discuss the question as 20
whether the homicide was juStifahle because
~ .leIr view, this Is question solely for the
state Courts, The case, as claimed by them not
being within the provisions of Section 75S OF the
REVISED Statutes and therefore not within the
jurisdiction OF this Court Holding, as we 90,
that the case falls within those provisions so far
as the petitioner was authorized TO act by the
Constitution and laws of the United STATES 1t
becomes necessary TO de'ermine whether the
homicide was justihSble, for, If it was malicious
or reckless, without any reasonably apparent
necessity in order TO fully and properly perform
ms duty Of protecting Justice Field, then il was
an act performed beyond and outside his duty
and he is amenable 10 tse State Courts
The facts set forth in the petition and in the
traverse 70 the return of the Sheriff are flsly
proved by the testimony, aud whether we de
ternlne the case upon demurrer to the traverse
or upon the whole case, as presented in the
record and evidence, the result must be the
same.
IL Is unnecessary to repeat the fscts in flI}l
When the deceased left his seat some thirty
ieet clstant, walked stealthi!y down the passage
m the rear OF Justice Field and dealt the IN
Suspectlng Jurlst two preliminary blows doubt
less by way of reminding him that the time fur
reRgedRce had, at last, come Justice Field was
already at the traditional "walln of the law.
be was sitting quietly at a table bacl, 10 the
sssailant, eating his breakfast the side opposite
being occupied by other passengers. some of
Whom were women, similarly engaged When
m a oazed condition, he finally swoke to the
reailly OF the situation, and saw the giant form
OF the deceased with arm drawn back for a
nnai mortal olow, there was no time to get uu-
ger or over the table-had the law absurdly re-
quired under suy circumstances such a perform
ance for his Justification. Nag!e could not seek
another "walp' TO justify his acts without
abandoning his charge TO certain death When
therefore, he Sprang to his feet and cried
Stop [ am an officer" and saw the noEerf1i
arm of the deceased drawn back for the
final deadly stroke instantly change H.
pirectlon 70 ms LETT breast apparently seeking
ms fayorite weapon, the knife and at the same
TIME hea q the suppressed growl of recOgui-
ton OF the man who, with the aid of half
dozen others, had finally succeeded in disarm-
ing him OF his knife at the Courtroom a wear
before, the supreme moment had Come-or, at
least, with abundant reason he Thought 81 and
fired the fatal shot The testimony all concurs
IN showing this to be the state of facts ard tn,
almost universal concensus of public opinior Of
the United States as mirrOred in the pres. rest
ing upon rcportS no more favorable to petitioner
.ti sian the eyl9ence taken in the case, juStides
the act: On that occasion Il second, or two sec
ondS, Slgniiied at least TWO valuable lives and a
reasonable degree of prudence would iustify n
Snot S enc OF TWO seconds too soon, rather than a
ira ton OF a second too late
We have seen some adverse criticism uDan the
action OF petitioner, attributed to Quarters ordi-
Marty entitled to consideration ana respect
But It is not for scholarly gentlemen of humane
and peaceful instincts, gentlemen who in oil
probability, never in their lives saw a drspprste
man OF herculean proportions and strength in
murderous actiou-it is L ot for them Sitting
secu ely in their libraries three tbousanS
miles away, looking backward over the scene
10 determine the exact point of time when n
lnan IN Nagle situation should fire at his as
Sallant, lu order to be justified by the law II is
not Tor them to say that the pToper time mad
not yet come. TO such the proper time would
never come Magic, on the scene Of action
facing the party making d murderous assault
knowing by personal exp rieGce his physical
powers and his desperate character: and hv
general reputation his lifelong habit of carving
arms, MS readiness to use them, and his angry
murdeious threats, and seeing his demOriac
LOOKS, ms stealthy assault from behind and rp-
lnemOerlnS the sacred trust committed TO his
,,.aL igeINasle IN these trying circumstances
was lhe party TO determine when the supreme
momeat Tor action had come, ana il he honestly
acted with reasonable Judgment ard d;scraii0n
the law Just1fies him, even if he erred But who
VIII nave the courage to stand up in the pres
ence OF the facts developed by the testimony in
tnls case, ana say he fired the smallest fraction
OF second too soon.
In our Judgment he acted uadar the IRVING
conditions surrounding him in good faith and
with consummate courage, judgment and dis
cretlon. The homicide was, in our opinion.
caealIy IaStaab;e in law, and in the forum OF
sound, practiCsl common sense. commendGblp
Let The pc itlOner be discharged
SAWYER, Circuit Judge
SABIN, District Judge.
EAGLE RELEASED
Al 1:3O o'clock Judge SAWYER finished
reading the decision, and as he pronounce6
the closing words, Let the petitioner be
discharged" there was movement of the
spectators toward NacIe.
Amidst the slight confusion attorney
LanghoIne arose and gave notice of an an.
peal, and asked that the prisoner be placed
under bail.
Judge SAWYER replied that the testimony
was SO overwhelmingly iu favor of the
prisoner that he did not think the nasis.
trate before whom the appeal would cSna
would ever convict Nagle. II would he in
hnman to restrain the defendant of his
iloerty, but as the appeal would be al
lowed SO ss to bring it within the iurisdic-
tlon OF the United States Supreme Court
be would allow the defendant to 90 Unon
his Own recogniZance and to fix the bond
IN the SUM OF So ,0G0. In concluding .Jujoe
Sawyer said be did not think it was necss.
sary to place it at any higher figure. be-
cause II 100000 was the bond il Coul6 no
doubt be obtained as easily as the SIS OO0.
For the costs of the suit the State will Give
bond in the sum of $500.
After handshaking with a number of
people IN the Court room. Nagle uuie,lv
arose from his seat and with United STATES
Marshal Franks disappeared from the
room.
FIELD PRESENT TO NAGLE.
Judge Field this afternoon prssent45
DepuIy -daTshal Nagle with magnificent
so'd "atch and chain, appropriately en-
graNeu' as token OF his appreciation Of
the Faluao!e services rendered him by
Nagie.