The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-03-05
A TRAGEDY RECALLED
The Famous Field-TePry AatteP Again
Before tho Public.
NeagIe's Case Brought Before the
United States Supreme
Court To-day for
Decision.

wAsHINGroN. March 4.-Thc supreme
court chamber was filed to-day with an
audience which listened attentively tn the
arguments i'm Ncagle's case arising out of
the shooting of David Terry last summer
when i'm the act OF committing an assault
upon Judge Field of the supreme court.
All the Justices were present except jus
tice Field. Argument was opened by
Montgomery i'm behalf of the appellant,
Sheriff Cunningham, from whose iiris-
diction Ncagle was discharged u writ
of habeas corpus issued by the United
States court on the ground that he
a deputy marshal engaged i'm the
iectine justice of the United
imprisoned by state authorities. Mont
Romcry sold Il was the contention of the
Scfore ssass she Sors was jarisiesionai @ o%",
and therefore all questions of Neagie's
guilt or innocence were irrelevant. He
tience. The % f CHIEF feature % of the err review lew
was Montgomery's charge that 1t was not
the purpose Of Neaglc's appointment to
vent a breach of the peace. but to have
him resent forcib!y any aifront put upon.
tSns Unless there %ese specc
authority for the instruction given Nenglc
to accompany Justice Field there was no
States circuit court. He maintained this
upon the authority of section 5hs, of the
revised statutes, that a writ OF habcas
corpus should not extend tn n prisoner
unless i'm custody for an act done I'm ptlr-
s,iance of the law OF the United States. II
wers true sat ,s sor rTf th was nr6ssciin nf
Justice Field, then there need not be any
fear that the state would not acquit him.
But this was for the state to decide in this
point.
OH behalf of the United States. said he
would base his argument on two PROPOSE
tions: First, that this was but an act OF
the executive department tn protect the
,ner o. aSe
ing i'm abeyance to the executive, II Is the
duty of the judiciary department. to sit i'm
performing their duties in accordance
the GsH words ord e the % ~:
to enae, or to cnforce laws
gives IL "a! the power .,,,;s TO protect Ts;.
attorney general argued his case upon
this line. The proposition advanced OH
the part of the state was nearly as old as
the government, which had been refiiteti
times without number in the courts, i'm
congress and upon battlefleldls. That was
the same argument that the executives
fically granted by the Legislative depart
ment had been used before the civil war
.r to deny ,,n sns ser oMeg o, a,, tine government I"
Justice Bradley interrupted the at
torney. general in the co,lrse of his
retntThs WITH pueseioh: w
force shall the president execute
this power of protection of which yo1,
speak, supposinR the marshal had not
sufficient force for the purpose:'
Attorney General: With n posse i'm the
| first instance, and il that was not sufIi-
cient. with the army and navy.
Justice Bradley: Then he has the right
to aid all citizens OF the United States i'm
maintaining the laws and protecting the
institutions OF the government.
Joseph Choate of New York, who fol-
lowed Attorney General Miller as one of
| the counsel for the government. opened
his argument with the statement that ever
| since the beginning of the government
the l,eople of the United States had rested
i'm the conviction that they constituted q
nation; that within its limits the 0overn
| ment was sovereign and supreme, and
| that il has within itself all the powers
and facilities to fulfil its own functions
and accomplish it's own purposes. In
| doing this the government was moi
| subject to hindcrancc or interference
| by any power whatever. The
government had the power, as II had thu
| duty tn secure the performance of gov
ernnental operations and protect its ser
wants and agents in doing the duties en-
| trusted to them. For the first time in ;
| hundred years the people were now me
| with the startling contention that n justics
4 of the highest court of the land was no
entitled to the protection OF the govern
| ment i'm going from one place to anothe
/ on his circuit. Choate had not concluded
| his argument when the court adjourned.