Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1889-09-18
NAGLE Is DISCHARGED.


killing was Juatl6Able.
Judge Sawyer. of the United States cir :
cult court at San Francisco, has
rem cred decision in the habeas corpus
case of Deputy Marshal Nagle. who shot
Judge Terry last month, and discharged
Maggie from custody. A bill Of exceptions
| file by the counsel for the state was al
lowed bv the court, and pending an appe Il
to the United States supreme court Nagle
was ordered released on his own recogniz-
AL, g, with bonds fixed ut $500.
The decision was very long. 1t gives u
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:
There is no conflict of authority. The
state IN such cases il subordinate and the
national government paramount" He
continues: There can be no doubt tnat
the jurisdiction Of the United States is not
affected BY reason Of the location where
the homicide occurred" The main ques-
tions which the court considers are, %
WAS the homicide committed by the petit
tioner while acting in the discharge of a
duty imposed upon him by the constitu-
ton and laws of the United States;" and
| q, WAS the homicide necessary or was it
| reasonably apparent to the mind of the pc
| titioner at the time and under tha circum-
stances then existing that the killing was
net essary in order to a full and complete
discharge of such duty" The court de-
c ares that the marshal is a peace officer SO
far as keeping the peace in any matter
! wherein the sovereignty of the United
States is concerned, and ne has all the
powers Of sheriff rs to such matters.
The court further declares that only a
United States marshal or his deputy could
have performed the duty of projecting
Field, the use OF the state police being
impracticablc. as the powers Of q 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 a 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
Nagle fred too quickly. and on this sub
| ject the decision CLOSED as follows: ma
| gle was on the scene of action facing the
party making murderous assault, know
ing by reasonable experience his physical
powers aud his desperate char
acter; and by general reputa-
tion his life Long habit of carrying arms
III 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 c1arge, Nagle 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 aud discretion
the law justi6es him, even it be erred
But who will have the 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 second too soon?
In our own judgment he acted under the
trying conditions surrounding him in good
faith and with consummate courage, 1udg-
ment and discretion. The homicide was,
in our opinion, clearly iustifab,e in law,
and in the forum of sound, practical CON-
mon sense cOmmendable