Los Angeles herald., 1890-04-15
IN NEAGLE'S FAVOR.
The Final Decision i'll a
Celebrated Case.
Terry's Slayer Discharged from
Custody.
The Jurisdiction of the United
States Upheld.
The Opinion Rendered by Justice Miller
the Chief Justice and Lamar
Dissenting.
Associated Press Dispatches. |

Neagle habeas corpus case from Calllor-
mia, was decided by the United States
Supreme Court today, the Judgment OF
the Circuit Court being affirmed. This
finally disposes of all proceedings against
Neagle for shooting Judge Terry in the
railway station at Lathrop, Cal, on the
4th of last August to prevent him from
taking the life of Justice Field. The
opinion was delivered by Justice Miller.
After the shooting Neagle was arrested
at Stockton by the State officers, but re-
leased on writ of habeas corpus, based
on the ground that Neagle, who was act
ing under instructions, merely performed
his duty as an officer of the United States.
1t was on appeal from this order that
the case was brought before the United
States Supreme Court.
After review of the facts leading up
to the assault, including the imprison-
ment of Terry for contempt in knocking
Marshal Franks down in open court,
then pursuing him with drawn bowie
knife, and after reciting also the numer-
Gus threats made by Terry against Justice
Field, Justice Miller says:
''It is useless to go over the testimony
on this subject it is sufficient to say that
the evidence is abundant that both
Terry and his wife contemplated
some attack upon Judge Field during
his visit to California in the summer of
1889, which they intended should result
in his death. Many of these matters
the press of California was filled with
coniectures of probable attack by Terry
on Justice Field, as soon as it became
known that he was going to attend the
Circuit Court of that year."
The opinion then recited the cores
pondence between the Attorney-General
and the United States Marshal i'll Cali
fornia, directing the latter to exercise
unusual caution for the protection of
Justice Field against the violence of the
Terrys. This correspondence resulted
in Neagle's appointment as deputy mar
shall with special instructions to attend
Justice Field, both in court and while
travelling between courts, and protect
him from violence.
After reviewing all the facts bearing
upon homicide, the opinion says they
produce upon the court "the conviction
OF settled purpose on the part Of Terry
and wife amounting to conspiracy to
murder Field, and we are quite sure
that if Neagle had been merely brother
or friend of Judge Field, travelling with
him and aware of all the previous rela-
tions of Terry to the Judge, as he was of
his bitter animosity, his declared pur-
pose to have revenge even to the point
of killing him, he would have been justi-
fed in what he did in defense of Fields
life, and possibly his own.
''But such a justification would be a
proper subject for consideration on the
trial of the case for murder in the courts
of the State of California, and there eX-
lists no authority in the courts Of the
United States to discharge prisoner
while held in custody by the State au-
thorities for this offense, unless there be
found in aid of the defense of the pris-
oner some element of power and author
ity asserted under the Government Of
the United States"
Justice Miller then takes up the prop
osition advanced by Neagle's counsel
that Justice Field when attacked was in
the immediate discharge of his duty as
Judge, and that Neagle was charged
with duty under the laws of the United
States, to protect Field from violence.
The law requiring Justices OF the Su-
preme Court to go on circuits is quoted,
and the opinion then says: Justice
Field, when attacked had actually en-
tered upon the duties OF his circuit, and
was in the necessary act of returning
from Los Angeles to San Francisco,
be, when he was assaulted. We
have no doubt Justice Field when
attacked by Terry was engaged in the
discharge of his duties as Circuit
Justice, and was entitled to all the pro-
lection, under those circumstances
which the law could give him. The
court does not suppose that any special
act of Congress exists which, in express
terms, authorizes Marshals or deputy
marshals to act as body guard to
Justices while in their circuits, but in
view OF the Constitutionsany obligation
fairly and properly inferable from that
instrument, or any duty of Marshal to
be derived from the general scope OF his
duties, comes within the provisions of
the habeas corpus act directing the re-
lease of persons who are in custody for
an act done in pursuance OF the laws OF
the United States"
cit would" says the opinion, "be a
great reproach to the system of the
United States declared to be within it's
sphere sovereign and supreme, if there
is to be found within the domain of it's
powers no means of protecting Judges in
the discharge of their duties from the
malice and hatred of those upon whom
It's judgment may operate unfavorably.
If person in the situation OF
Justice Field could have no other
guardian, for his personal safety while
engaged in the conscientious dis
charge of disagreeable duty,
than the fact that if he was murdered his
murderer would be subject to the laws
of the State, and by those laws could be
punished his security would be very in
sufficient. The plan which Terry and
wife had in mind of insulting him and
assaulting him, and drawing him into
the offensive of a physical contest, in
the course of which they would slay
him, shows the little value of such rem
edies.
''We do not believe the Government
of the United States is thus inefficient,
and that the Constitution and laws have
left the high officers of the Government
so defenseless and unprotected. 1t is in
the Executive Department that the
court finds the power of protection to
exist, and in the language OF the Consti-
tuition directing that the President shall
AL Il. L L e. h.