The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-04-15

| was decided by the United States Supreme
Court to-day, the judgment OF the Circuit
Court being affirmed. This disposes of al
| proceedings against Neagle for the shooting
OF Judge Terry in the railway station at La
| throp on the 18th of last August to prevent
him from ia king the life OF Justice Field
Ine opinion was delivered by Justice Mil
| ler. Justice Field was not present Justic
| s,iter opened with statement of the facts
eA-&ne assault, already known, and then
Sa.G:
MILLER'S STATEMENT.
t Is useless to go over the testimony on this
subleet more particularly than this. II Is sutfi-
clent 10 say that The evidence is abundant; that
| both Terry and his wife contemplated some al.
tack upOn Judge Field during his visit to Cali.
tornla IN the summer of 1889, which they III.
| tended should result iu his death. Many of these
tEe press OF California was filled with cOnjectIres
| OF she probable attack by Terry on Justice Field
rs soon as 1t was made known that he was going
10 attend Tie Circuit Court that year.
INSTRUCTIONS TO NEAGLE.
The Jus tice then rectes the correspond
ence between the Department of Justice
and the United States Court at San Fran
cisco, including the instructions of the
Attorney-General to the Marshal to exer-
| else unusual caution for the protection of
Justice Field against the violence of Terry.
Inc result OF this correspondence WIS that
| Neagle was appointed Deputy Marshal,
| with special Instructions TO attend upon
| Judge Field, both in court and while going
from one court to another, and protect him
| from any assault that might be attempted
| upon him by Terry and wife. In the per-
| fermance of this duty Neagle attended
Judge Field from San Francisco to Los An
| geles and was on his way back with him
| TO san Francisco when Terry made the as.
sault upon Justice Field at Lathrop, and
! refusing to desist when so commanded by
| Neagle, IN his character of officer of the
law, he was SHOT by Neagle and killed.
FACTS OF THE HOMICIDE.
The facts of the homicide are then stated
by Justice Miller. He says:
There are material circumstances produced in
Inc evidence before the Circuit Court on the
nearing OF THIS habeas co Tpus case. IL is but d
snort sketch OF history. which is given in four
or i've hundred pages In the record, but we think
| II is sufficient 10 euable US TO apply The law of
the case 10 the question before us. Without more
minute discussion OF this testimony 1t produces
| part OF Terry and his wife, amounting to con
splTacy 10 murder Field. And we are quite sure
ihat II Neagle had been merely a brother OF
| friend OF Judge Field, travelling with HIM, and
| aware OF all the previous relations OF Telry 10
| The Judge as lie was, of his bitter anmosity,
| his declared purpose TO have revenge even 10 tie
| point OF killing him, he would have been Justified
II what he aid In defense of Fela' life and pos
sibly of his own.
SUBJECT FOR CONSIDERATION.
But such Justification is a proper subject for
consideration on the trial Of the case for murder
| IN the courts Of the United States ana 10 dis
charge Ihe prisoner while held in custody NV Ine
State authorities for Tins OtfenSe. unless there
can be found in aid of Tie defense of the prisoner
sane element OF power aud authority asserted
Under lie Government Of the United States.
Justice Miller then devotes considerable
space to showing conclusively that Justice
Field, when on his way from Los Angeles
to San Francisco, was in the discharge of
his duties as Circuit Judge. He quotes the
law and the Chief Justices assignments
and says:
NEAGLE'S DUTY.
A Judge may he rs much In the discharge of
his dulles outside his courtroom as within
Under these circumstances 1t is the right of The
Judge TO claim protection. 1t Is not supposed that
ANY special act OF Congress exists which author
ICES the Marshals or Deputy Marshals of the
United Stales IN express terms 10 follow Judges
oi Tie Supreme Court around their circuits aud
act as body9uaTd TO them 10 defend them AGAINST
malicious assaults against their person, but We
are OF the opinion that Ibis view OF the statute is
an unwarranted restriction OF the meaning of the
law DESIGNED TO extend III liberal manner The
behent OF witt OF habeas. We are satisfied that II
was the duty OF Neagle under The circumstances
"a duty which could only arise under The laws of
lhe United StateS-to defend Mr.. Justice Field
from the muiderous attack upon him, aud that
he brings himself within the meaning OF the see
tion we have reclted Ihis view of the subject
Is couffmed by an alternative provision that he
must be iii custody In pursuance of the laws OF
the United States under the process Of court or
the Judge thereof, or Is III custody in violation of
the constitution or 0f the law or treaties of the
United States.
INTERPRETING THE CONSTITUTION.
In the view We take OF the Constitution OF the
United States, any obligation fairly aud
properly inierable from that instrument or any
duty ot Marshal to be derived from the general
scope OF his duties under tue laws OF the United
States, Is law within the meaning OF this
phrase. II would be great reproach TO the
system oil government OF tue United States
which IS declared 10 be within It's sphere soyer-
eign aud supreme, II there is to be found within
the domain OF It's powers no means OF protecting
IT'S Judges In the conscientious discharge of
their duties from The malice aud hatred of those
upon whom Its Judgment may operate unfavor-
ably. II has III modern times become apparent
that The physical health of Il community is more
efficiently promoted by hygienic ard preventive
means than by the skill which Is applied to the
cure OF disease alter IL has become fully de-
veloped. So also with the law, which is in
tended TO prevent crime, either in its general
spread among the community or in the resula.
lions, police organization and other means
which are adopted for the protection OF the lives
aud property OF the citizens, for the dispersion
oil m0bs, for the arrest of thieves and assassius
for the watch which is kept over the community
as wei as over this class OF people is more eff
Client than the punishment of crimes after they
nave been committed.
INSUFFICIENT PROTECTION
III person In The situation OF Judge Field
eOuld nave no other guardian of his pei sonal
safely While engaged IN tile conscientious dis
eharge OF dsagreeable duty than the fact that
II lie was murdered his murderer would be sub
Ject 10 the laws OF the State and by those laws
cOuid be punished severely II would be very in
suilclent. The plan which Terry and his wife
had IN mind OF Insulting and assaulting nm ana
drawing him into defensive physical contest, IN
Tue course OF which they would slay him, shows
the little value OF such remedies. We do not be-
lleve that the Government OF the United States
is thus lneiflclent and that Its Constitution and
laws have lett high officers of The Government SO
deIenseess and unprotected.
Inc opinion then quotes from eXparte
SieDold and other authorities in support of
tne principle of the supremacy of the
Government of the United States in the ex-
erclSe OF all the powers conferred upon it
by the Constitution. Concerning the power
OF the executive to protect the Federal ju-
dietary the opinion says:
AUTHORITY OF MARSHALs.
Where then are we 10 look for the protection
which we have shown Judge Field was entitled
10 when engaged In the DISCHARGE OF his official
duties Not 10 the courts of The Uuited States.
because, as has been more than once said in this
court. 10 the division of the powers OF the Gov
eIhment between the three great departments
executive, legislative ana judicial the judicial Is
Tue weakest Tor the purpose OF self protection
anu lof she enforcement OF the powers which il
exercises. The ministerial officers through
WnOm It's commands must be executed are Mar
shais OF the United States and belong emphail-
caliy TO Inc Executive Department OF tile Gov
eInheDt Ihey are appointed by tile President
win the advice and consent OF The Senate. They
are removable from office al his pleasure. They
are subjected by an act Of Congress TO the super
VISION aud control of the Department OF Justice
~ The hands of one of the Cabinet officers
OF the President and their compensation is pro-
Vidsd Tor by acts OF Congress.
DISTRICT ATTORNEYS.
The same may be said of District Attorneys OF
Tue united States who prosecute and defend the
claims OF the Government In the courts. The
legislative branch OF the Government can only
protect the judicial officers by All enactment OF
laws Tor mat purpose, and the argument we are