The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-09-17
.NAGLE GOES FREE
His Shooting of Judge
Terry Commended.
1CDGE sAwrEx-s DECISION


SAN fKsScIsSac. Sept Is.--rne announce
menf thas the decision would be r~ua<res
II sae hAeeas corpas case Of Deputy mar
saai David Magic. who she. and killed
Judge Terry iass month. drew q great nun.
Der OF people TO the United states circr.s
court room ie.iay. Justice Field Was pres
eni aud occnpied seat in the box. Jsdrc
sawyer and Judge SAhin were on the
bench.
After the decision diseharying Nax,e
Was read. notice of appeal 10 the United
states supreme court Was given by the
counsel represenrins the state of California
and Maggie was released on his own recoS.
nixance, bonds being fixed as ss,au The
lewiston Is very long aad vas delivered ny
Judge sawyer. IL reviews the eircam.
stances Of the past year. including the
trial of Terry aud wife, which eulsnia.
aisd In the recent tragedy in LatArop.
In continuing the subject al Jurisdiction,
Judge sawyer says; In . ccnaic between
the authorities Of the state and the United
states the state in such eases ia subordinate
aud the national government paternal -
He continues: There can be no doubt OF
ihe jurisdiction of the Uniie,i States
Ii 10 not afe<ssed by reasou nj
the location where the homicide oceurrei.
Inc main Questions which the eoart con.
siden are nrst: Was The homicide nov
IN question committed by the petitioner
while acting IN the discharge Of the duty
imposei on him by the constitution and
AVS OF the United Ssatee, aud second wss
the homicide necessafy or Was II reason
ably apparent to the mind Of the p tilioser
at TIE time aud under the circumstances
then existing that killing was necessary,
In order 10 NIL and complete the discharge
Of his duty the court declares that the
marshal Is peace officer - far - keeping
peace In any mat er wherein sovereignty
OF states is concerned and he has all the
powers of sheriff as 10 such matters The
CONSTITUTED n provides for u supreme court
and gives IA the pres dent the power aud
duty of seeing that the laws are faithfully
executed. The court further declares that
only United States marshal or deputy
marshal could have performed the duty Of
protecting Justice Field. The use of the
state police being uupractieahle Is the
powers OF the sheriff only ending at the
borders of his country"
Judge sawyer states: After mature
consideration We have reached the con-
eiusion that the homicide In question was
committed by tn. petitioner while acting
In the discharge Of his duty, imposed on
him by the constitution and laws of the
United States" Judge Sawyer says he has
seen some adverse criticism on the fact
sost NaS tc Hfcu tuu Qultkly, anu OH this
subject the decision closed as follows.
'Nagle, on the scene OF action, rs the
nriug party, under = murtierous assault.
knowing by personal lexperienceTerry ex s phy
sicai powers and his desperate character.
ana by general reputation his lifelong
habit of carrying arms In readiness to
use and his angry, mur,ierous
threats. and seeing his demoniac
looks, his ktealthy assault from behind,
aud remembering the sacred trust com.
mitted 20 his charge Neagle i'm these try
Ing circumstances was the party TO deter
mine when the supreme moment for action
had come, and II he honestly acted with
reasonable judgment aud discharged his
weapon the law justifies him. but who will
have the courage TO stand up in the pres
ence of facts developed by the testimony
OF the case and say he fired the smallest
fraction of second too SOON In my Judge
ment he acted, under trying conditions sur
rounding him, in good iaith and with con-
summate courage, judgement and decision.
The homicide, in our opinion, waa clearly
lustinsble In law, and for sound prac-
teal common sense was cOmmetidable