Sacramento daily record-union., 1890-04-15
The Supreme Court Gives Its Decision il
the Neagle Case

JUDGMENT AFFIRMED.
The Supreme Court Gives Its Decision in
the Neagle Case.
WASHINGTON, April 14th The celebrated
Neagle habeas corpus case from California
was decided by the United States Supreme
Court to-day, the judgment of the Circuit
Court being affirmed. This disposes of all
proceedings against Neagle for the shooting
of Judge Terry in railway station at
Lathrop, Cal. on the 14th of last August, to
prevent him from taking the life of Justice
Field. The opinion was delivered by JUS
tice Miller. Justice Fields was not present.
Justice Miller opened with the statement
of facts of the assault already known, and
then says: ut is useless to go over the testi-
mony on this subject more particularly
than this. 1t 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 were published in the newspapers,
and the press of California was filled with
copjectures of the probable attack by Terry
on Justice Field as soon as it became known
that he was going to attend the Circuit
Court that year."
The Justice then recites the correspond
ence between the Department of Justice
and the United States Court at San Fran.
cisco, including the instructions cf the At
torney General to the Marshal to exercise
unusual caution for the protection of
Justice Field against the violence of Terry.
The result of this correspondence was that
Neagle was appointed a Deputy Marshal,
with special instructions to attend upon
Judge Field, both in Court and while
going from one Court to another, and pro-
tect him from any assault that might be
attempted upon him by Terry and wife.
In the performance of this duty Neagle at
tended Judge Field from San Francisco to
Los Angeles and was on his way back with
him to San Francisco when Terry made
the assault upon Justice Field at Lathrop,
and refusing to desist when so COM
manded by Neagle, in his character of
ofhcer OF the law, he was shot by Neagle
and killed.
The facts of the homicide are then stated
by Justice Miller. He says There are
material circumstances produced in the
evidence before the Circuit Court on the
hearing OF this habeas corpus case. 1t is
but short sketch of history, which is
given in four or five hundred pages in the
record, but we think it sufficient to enable
US to apply the law of the case to the cues.
ton before US. Without more minute dis
cussion of this testimony it produces upon
US the conviction of a settled purpose on
the part Of Terry and his 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 relations of Terry to the Judge as
he was, OF his bitter animosity, his de-
clared purpose to have revenge, even to the
point OF killing him, he would have been
justified in what he did in defense of
Fields life and possibly of his own. But
such justification is a proper subject for
consideration on the trial of the case for
murder in the Courts of the United States,
and to discharge the prisoner while held in
custody by the State authorities for this Of
tense, unless there can be found in aid of
the defense of the prisoner some element
OF power and authority asserted under the
Government of the United States"
Justice Miller then devoted considerable
space to showing conclusively that Justice
Field, when on his way from Los Angeles
to San Francisco, was in the discharge of
bis duties as Circuit Judge. He quotes the
law and Chief Justices assignments and
says: "A Judge may be as much in the dis.
charge of his duties outside his Courtroom
as within. Under these circumstances
it is the right of the Judge 70 protection
Justice Miller then adds at is not sup
posed that any special Act of Congress ex-
lists which authorizes the Marshals or
Deputy Marshals of the United States in
express terms to follow Judges of the Su-
preme Court around their circuits and act
as bodyguard to them to defend them
against malicious assaults against their
person, but we are or the opinion that this
view of the statute is an unwarranted re-
strlctlon OF the meaning of the law de-
signed to extend in liberal manner the
benefits of writ habeas. We are satisfied
that 1t was the duty of Neagle under the
circumstances, a duty which could only
arise under the laws of the United States,
to defend Mr.. Justice Field from the muir
derous attack upon him, and that he brings
himself within the meaning of the section
we have recited. This view of the subject
is confirmed by an alternative provision
that be must be in custody in pursuance
OF the laws of the United States under the
process of Court or Judge thereof, or is in
custody in violation of the Constitution or
OF the law or treaty of the United States.
The legislative branch of the Government
can only protect judicial officers by the en-
actment OF laws for that purpose, and the
argument we are now combating assumes
that no such law has been passed.
II we turn 10 the executive department
OF the Government We find very different
condition OF affairs. The Constitution
lSection 3,A rticle H. declares that the
President shall take care that the laws be
faithfully executed, and he is provided
with means of fulfilling this obligation by
his authority to commission all the officers
OF the United States. Cabinet Ministers
aid HIM in the performance of the great
duties OF his office ard represent him in
thousand acts to which il can hardly be
supposed his personal attention is called,
and thus he is enabled to fulfill the grand
duty of his great department"
Alter illustrating at length the power of
the President in protecting citizens on the
public lands of the United States without
the existence of actual statutes authorizing
him to, Justice Miller says: I'VE cannot
doubt the power of the President to take
measures for the protection of the Judge of