Sacramento daily record-union., 1890-03-05
TIE NEAGLE CASE.
Zach Montgomery Makes an Eloquent
Opsning Address.
HIS TRIBUTE TO A DEAD FaIEaD.
Terrys Act Montgomery Believes
Was TO Force Justice Field
to Fight Duel.
TIE NEAGLE CASE.
HIS TRIBUTE TO A DEAD F2IEE D.
.Is,scIAL DIsrAToE 70 EzE nsooap.vsIOs.l

WASHINGTON, March 4th.-There vas a noSa-
bic array OF legal talent before the car of the
United States supreme CoGrt tO-dGylwhen the
Neagle case Wss annOuncedt 20 be OF trial.
Directly in front sat w. Ii. FL. Miller, .&ttor-
ney-General CT the United States and head of
the Department OF Justice, With Senator Ed
munds, Chairman OF the Senate Committee of
the Judiciary, by his side. Joseph II. Choate
member OF the famous New York firm of law
yers, of which Senator William N. Evarts is
head, was with General Miller At a table near
by were Attorney General johnson of California
and Zach Montgomery.
After the admission of several lawyers to prac-
tice before the Court and the transaction of
some routine business, at l2l5 the case of Gun
niHghe1n, Sheriff, against Neaglewss called by
Chief Justice Fuller.
Zach Montgomery addressed the Court. He
first announced ga agreement between counsel
of a division of time. Montgomery recited in
detail the incidents of the tragedy in Lathrop
last August resulting in the killing of erry.
He stated the position OF the state of California
before this CoTlrt is that solelyon question OF
jurisdiction, and all evidence touching Neagie's
guilt or innocence is irrelevant. The lower
Court had hinged theQuestion of the iurisdie-
ton in this case upon the question of ,Neagles
guilt. II Neagle was guilty of crime it held
that the State Court had jurisdiction otherwise
not. I shall endeavOr to show, said Montgom-
cry, that whether Neagle was guilty or not,
there is o eonhIct of opinion upon the result of
Neagle's preparation of an act punishable by
the State law tho ,gh it were permitted by the
Federal law. Montgomery did not Justify Ter
agrevious wrong. If the assault upon Judge
Field sid Montgomery, 1'made by Terry was
with deadly intent, which could be prevented
only by the killing of Terry, then the killing
was justi6able; but if Terry made the assault
with his hand simply to provoke Judge Field
into duel, this puts different light uponthe
question"
Montgomery then dwelt at length upon the
evidence affecting the manner of the assault
upon Field. There was au embarras sing pause
in Montgomerys argument, caused by de-
mand of the Court to know in what shape the
evidence taken by the lower Court was brought
to the attention OF the Supreme Court. A certi-
hcation OF the evidence could not be found.
Montgomery was then allowed to proceed He
referred IN sarcastic terms 10 Judge Lorenzo
Sawyer's action in tsking into consideration his
own personal grievances against Terry and al
lowing such consideration TO weigh in the ques-
t1on OF the necessity OF the killing of Terry and
the releasing of the slayer. Continuing. Mont
gomery referred to the tact of Terry's leaving
his pistol in the Pullman car while he went into
the station as evidence that Terry intended to
slap Judge Field and challenge him to combat,
little dreaming that this act would be followed
by the deadly crack of pistol held by United
States Marshal in disguise.
Montgomery referred 10 various testimonies
concerning the assaultto substantiate it. Mont
gomerg was firmly convinced that Terry did
not attempt Fields life. He did not have any
weapon about his person, nor make any motion
as if to draw any weapon. Montgomery called
attention to the palpable and irreconeilsble diff
ference between the testimony OF the affidavit
ana tne petition OF Nedgle tOr q VIII OF haDeaS
corpus. In the petition Neagle stated that his
shooting OF Terry was TO protect Field. In the
affidavit he said it was to protect himself
(Neagle) from Terry.
Montgomery referred to Terry's reputation as
a duelist and declared his belief that Terry
only intended to insult and challenge Field to
duel. Montgomery then deprecated Neagles
secrecy IN concealing his mission to preserve
peace and protect his charge, and not making
his mission known until the peace had been
broken, and then swiftly acted the avenger.
This brings up the inquiry whether Neagle
acted as protector or an avenger. rs this the
new-fangled Federal police clothed in secrecy
and disguise and armed to the teeth, which is
to protect the Federal judiciary from the citi-
zens of this country thundered Montgomery.
May the everything God and this honorable
Court forefend," he said in a solemn tone.
Montgomery then entered into an eloquent de-
tense OF Terrys character as man, repe1llng
the iusinuations that he was man of violence
and blood. He could remember of but two oc-
casions where Terry had ever hurt human
being-the killing of Broderick in a duel and
the striking down of one Hopkins, a vigilant
ruffian. Terry was brave. magnanimous, the
soul of honor, the friend of the oppressed; in
capable of treaehery himself, he never sus-
pected treachery in even an enemy. M0ntgom-
cry reviewed the Sharon-Hill difficulties,
Terry's marriage to the divorced wife of Sharon,
the subsequent stormy scene in Court between
Mrs. Terry and Justice Field, and the assault by
her husband upon Field. He described with
tragic pathos Mrs. Terrys rage and her hus-
bands vengeance upon her assaulters.
MOulSullSTf bu6H ulSCuoseu bu6 bSCuulCdl It,
gal questions upon which hinged the issuance
OF the writ of habeas corpus to Neagle. Did
Neagle shoot Terry to prevent his assaulting or
iniuring Field? or did he shoot him to prevent
simply an affront and insult to Judge Field
The difference between these intentions is all
important as affecting Neagle liability in COM
mitting the act. Montgomery scored United
States Marshal Franks for not warning Terry,
whom he knew was likely to insult Field that
his act would receive swift punishment by an
official body guard who would protect Field.
He was followed by United States Attorney
General Miller in behalf of Neagle. He began:
~ intendto discuss but two questions in this
ease. In my opinion they control the entire
case. The first proposition is that it is the duty
ofthe Executive Department to protect the ju-