Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1889-09-19
FIRED AT THE RIGHT MOMENT
United States Marshal Nagle Dis
charged from Custody.
Judge Sawyer PrOnOunces the HOmi-
eide Justifable.
He Heartily COmmends the Action of
Hasty David.

SAN Francisco, Sept 16.-Judge Saw
yer. in the United States circuit court this
morning, rendered a decision in the ha
beas corpus case of Deputy Marshal David
Nagle. and discharged Maggie from custO-
DIV. The bill of exceptions filed by the coun-
sci for the state was allowed by the court,
and pending the appeal to the United
States Supreme court Nagle was ordered
released on his own recognIzances with
bonds fixed at $1,000.
The decision was very long. 1t gives a
review of the circumstances of the past
year; including the threats of Terry and
his wife, which eliminated in the recent
tragedy. In commenting on the subject
of jurisdiction Judge Sawyer says that
there is no conflict between the authority
of the state and the United States The
state in such cases in subordinate and
national government paramount. He
continues: There can be no doubt that
the jurisdiction of the United States is not
affected by reason of the location where the
homicide occurred. The main questions
which the court considers are: First,
''Was the homicide committed by petit
toner while acting In discharge of
duty imposed upon him by the
constitution and the laws of
the United States?' And second,
WAS homicide necessary, or was it rea
ionably apparent to the mind of the petit
toner at the time and under the circum-
stances then existing that the killing was
necessary in order to complete the dis
cearge Of such duty.
The court declares that the marshal is
peace officer so far as keeping peace in any
matter wherein the sovereignty of the
United States is concerned, and he has
all the powers of sheriff as to such
matters. The court further declares that
only a United States marshal or his
deputy could have performed the duty of
protecting Fields, the use of the state
police being impracticable as the powers
of a sheriff would have ended at the
borders of his county. Judge Sawyer
states: "After mature consideration we
have reached the conclusion that the
homicide in question was committed by
petitioner while acting in the discharge of
his duty imposed upon him by the consti-
tuition and laws of the United State.
Judge Sawyer says he has seen some adj
verse criticism to the effect that Maggie
fired too quickly and on this subject decis-
ion closed as follows: maggie was on the
scene of action, facing the party that made
the murderous assault. Knowing by per-
sonal experience his physical proves and
his desperate character; and by general
reputation his life long habit of carrying
arms in readiness to use them, and his
angry murderous threats and seeing his
demoniac looks, his stealthy assault from
behind and remembering the sacred trust
committed to his charge. Nagle in these
trying circumstances was the party to de-
termine when the supreme moment for ac-
ton had come, and it he honestly acted
with reasonable judgment and discretion,
the law iustifes him even if he erred. But
who will have courage to stand up in the
presence of the facts developed by the
testimony in the case, and says he fired
the smallest fraction of a second too soon.
In our own Judgment he acted under try
ing conditions surrounding him, in good
faith and with consummate courage, judg
ment and discretion. The homicide was,
in our opinion, clearly justifable in law,
and in the forum of sound practical COM
mon sense, commendable.