Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1890-04-17
HE DID NOT MURDER TERRY
Decision of the L. 5. supreme Court
in Favor of Nagle.
Was niseharSing His Duty When he
shot Terry.
The Court Upheld Him i'm His HaSty
Act.

| States supreme court IN an opinion hy
Justice Miller today affirmed the Judgment
of the California circuit court in the case
of Cunningham, sheriff, plaintiff in error,
VS.. David Maggie. This case grows out of
the shooting Of Judge Terry, at Lathrop,
Cal, last August, by Maggie in order 10
protect Justice Field, whom Terry had
assaulted
After reviewing all the facts bearing
upon the homicide, the opinion says that
they produced upon the court the convic-
ton Of settledpurpose ON the part of
Terry ana wife, amounting TO conspiracy
to murder Field.
Justice Miller takes up the proposition
advanced by Nsgles counsel, that Justice
Field when attacked, was in the immedi-
ate discharge of his duty as Judge, and
| Maggie was charged with the duty, under
the laws of the United States, to protect
Field from violence. The law requiring
! justices of the supreme court to go ON
circuits, is quoted, the court says that in
travelling to perform this duty Justice
| Field was as much in the discharge of
the duty imposed upon him by law as
while sitting in the court trying cases. ~
The court does not suppose that any spe-
eial act of congress exists which in express
terms authorizes marshals or deputy mar
shals to act as body guard to justices
while ON their circuits, but in its view of
the constitution any 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 release Of persons who
! are in custody for an act done in pursu-
ance of the laws of the United States,
Ii would, says the opinion, be a great
reproach to the system of government of
the United States if there Is 20 be found
within the domain Of its powers no
means Of protecting judges In the dis
charge of their duties from the malice and
| hatred of those upon whom its Judgment
may operate unfavorably. If person IN
the situation of Justice Field have no other
guardian Of his personal safety while en-
! gagged in the conscientious discharge Of a
disagreeable duty than the fact that if he
was murdered his murderers would be
subject to the laws Of the state, and Ivy
those laws could be punished, the security
would be very insufficient We do not
believe the government of the United
States is thus inefficient and that the con
Stitutiou and laws have left high officers
!
protected. 1t is in the executive
department that the court finds power Of
protection to exist and in the language of
the constitution directing that the president
"shall take care that the laws be faithful
ly executed" and providing him with the
means to fulfill this obligation by his
authority to commission all principal Of
fcers of the United States. Is this duty.
asks the court, limited to endorsements of
the acts Of congress and treaties, or does
it include the right, duties and OBLIGATIONS
growing out of the constitution and in
ternal relations?
The court answers the question by call
ing attention TO the fact that there is no
law in the United States authorizing the
government to interfere for the protection
of naturalized citizen of the United
States who, on visiting his native place,
is arrested and made do military service,
and then cites the case Of Martin kaos-
sete, an Austrian, where the government
without specific power from congress de-
manded and obtained his release. Regu'
atiOns Of the land Office appointing timber
agents and providing for their payment
: have been held valid by the supreme court
although there was no positive provision
for their payment; and the power Of the
attorney general. sustained by the supreme
court, TO constitute suits to set aside pat
ents obtained by fraud. though there is no
statute on the subject. are cited in support
of this doctrine Continuing the court says
it can not doubt the power OK the presi-
dent to take measures for the protection
of a United States judge, who, while in
the discharge Of his duties is threatened
l,n4 -, ar.f
Of Justice it is proper 10 set in motion the
means necessary for the protection and de.
Tense Of such person, and that Maggie had
the proper authority for the step he took
There is, saws the opinion, peace Of the
United States, and a United States mar
shall in such case. and stands in the same
relation which the county sheriff does
In maintaining peace in the country. It
being his duty to guard the Judge, and
being present at the critical moment when
prompt action was necessary it was his
duty. a duty which he had no liberty to
refuse TO perform, to take steps which re-
suited in Terry's death
The next takes up for contention
that question that the guilt Of the prison
er Of the crime of murder Is a question to
be determined bv the courts Of California
! and the United States court had no power
to take the prisoner and release him with
out trial 10y jury according to the laws
q Of California. The courts response to
T this contention is that the express terms
Of the haDeas corpus act directs such a
course where the act is done in pursuance
Of the laws Of the United States; and such
has been shown 10 be the case here. There
is no occasion. then, for any further trial
in the state courts and the United States
I circuit court was as competent as any 9TH
er tribunal to ascertain whether the act
was performed in pursuance Of the law OF
the Cnited states. and if it had gone 70
trial before a jury OF his own countrymen
God and bis country would have given him
good deliyerance.
JERRY'S AMBITION.