The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1889-09-27
NAGLE WAS JUSTIFIED
M KrLLlNo JUDGES TERRY roR ms
ASSAULT ON Field.
sseh 10 tho Decision Of the Untt,d ve..,.
Court-Habeas Corpus. Grauied-Oplnion
BY Judge Sawyer Another Chicaxo
Boodlcr lscturns-Other News.



Judge Sawyer, in the United States cir.
cult court at San Francisco, has rendered.
a decision in tho habeas corpus case Of
Deputy Marshal Nagle, WHO shot Judge
Terry last month. and discharged Nagle
from custody. A bill of exceptions flel
by the counsel for the state was allowed
by the court. and pending an appeal to
the United States supreme court Maggie
was released on his own recognizance,
with bonds fixed at $4,000.
The decision was very long. It gives .
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 sawyers says.
"There is no conflict of authority. The
state in such cases il subordinate aud the
national government paramount" He
continues: @The,e 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 ques-
tons the court considers are. ~ "Was the
homicide committed by the petitioner
while acting in the discharge of o duty
imposed upon him by the constitution and
laws Of the United States;" and (2) WAS
the homicide necessary or was it reasona-
bly, apparent to the mind Of the petitioner
at the time and under the circumstances
then existing that the killing was necessary
in order to a full and complete discharge
Of such duty" The court declares that
the marshal is a pence officer SO for as
keeping the peace in any matter wherein
the sovereignty Of the United States is
concerned, and no has all tho powers of .
sheriff as to such matters.
The court further declares that only q
United States marshal or his deputy could
have performed the duty of protecting
Field, 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 the petitioner while act
ing IN the discharge of q duty imposed
upon him by the constitution and laws Of
the United States."
Judge Sawyer says that he has seen
some adverse criticism to the effect that
Maggie fired too quickly, and on this sub
ject the decision closed as follows: "Na-
gle was on the scene of action facing the
party making o murderous assault, know
ing by reasonable experience his phys
ical powers aud his desperate
character; and by general reputa-
ton Of his lifelong habit of carrying arms
in readiness to use them, and his angry,
murderous threats, and seeing his demon-
iacal looks, his stealthy assault from be.
hind, and remembering the sacred trust
committed to his charge, Maggie in these
trying circumstances was the party to de-
termine when the supreme moment for
action had come, and if he honestly acted
with reasonable judgment and discretion
the law justlies! him, even il he erred.
But who will have the courage to stand up
in the presence Of the facts developed in
the case and say he fired the smallest
fraction of q second too soon? In our
W judgment he acted under the trying
conditions surroun ling 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."
Lively Times STILL In Oklahoma.
About six weeks ago q faction of Okla :
homa City citizens, after failing TO induce
the council to call q convention for the