St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-09-17
NAGLE DID HIS DUTY.
Judge Terry's Murderer Upheld
by the Federal Court

/ SAN FRANCISCO, Sept. 16.-The an
nouncement that decision would be
rendered in the habeas corpus case of
Deputy Marshal David Maggie. who shot
and killed David S. Terry last month,
drew quite number of people to the
United States circuit court to-day. JUS
. tice Field was present. and occupied
seat in the jury box. Judge Sawyer
and Judge Sabin were on the bench.
After the decision diScharging Maggie
was read, notice of appeal to the United
States supreme court was given by
counsel representing the state of Cali
fOrnia, and Nagle was released on his
own recOgniZance, the bonds being fixed
at $1,000. The decision was very long,
and was delivered by Judge Sawyer. 1t
gives review of the circumstances of
the past year, including threats of Terry
and his wife, which eliminated in the
recent tragedy at Lathrop. In COM
menting Oh the subject of Jurisdiction,
Judge Sawyer says:
There is no conflict between authority of
the state and the United States. The state in
such cases is subordinate and the national
government paramount He continues:
There can be no doubt That jurisdiction of
the United States is not affected by location
where the main questions which the court
considers are, first. Was the homicide now i'll
question committed by the prisoner while
acting in the discharge of the duty imposed
upon him by the constitution and laws of
the United States: and second, Was the
homicide necessary, or was II reasonably ap-
parent to the mind of the petitioner at the
time and under the circumstances then exist
ing that killing was necessary i'll order to
full and complete discharge of such duty?
The court declares that the marshal is the
peace officer so far as keeping the 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 constitution provides for the supreme
court, and gives to the president power and
duty of seeing that the laws are faithfully
executed. The court further declares that only
a United States marshal OF his deputy could
have performed the duty of protecting Judge
Field, the use of state police being imprac
ticable, as the powers of the sheriff would
have ended at the borders of his county,
Judge Sawyer states: AFTER mature cOnsid-
Grafton we have reached the conclusion that
the homicide in question was committed by
the petitioner while acting in the discharge
Of the duty imposed upon him by the eonsti-
tuition and laws of the United States
Judge Sawyer says he has seen some
adverse criticism to the effect that Ma
gle fired too quickly. and on this subject
the decision closed as follows:
Nagle. on the scene of action, facing the
party making the murderous assault, know
ing by personal experience his physical pow
ers ard his desperate character, and by gen.
eral reputation his life long habit of carrying
arms, in readiness to use them, ana his angry,
murderors threats, and seeing his demoniac
looks, his stealthy assault from behind, and
remembering the sacred trust committed to
his charge. Maggie, in these trying circum-
stances, was the party to determine when the
supreme moment for action had come, and
if he honestly acted with reasonable judg-
ment and discretion the law justifies him,
courage to stand up in the presence of the
facts developed by the testimony in the case
and say he fired the smallest fraction of a
second too soon? In his own Judgment he
acted under the trying conditions surround
ing him III good faith and with consummate
courage, judgment and discretion. The
homicide was, in our opinion, clearly justifi-
able in law, and, in the forum of sound,
practical common sense, was commendable.