Rensselaer Republican, Volume 22, Number 34, Rensselaer, Jasper County, 24 April 1890 — DEPUTY NEAGLE VINDICATED. [ARTICLE]

DEPUTY NEAGLE VINDICATED.

The oelebrated Neagle habeas corpns case from California was decided by the Unites States Supreme Court, Monday, the judgment of the Circuit Court being Affirmed. This finally disposes of all proceedings against Neagle for the shooting of Judge Terry in a railway station at Lathrop, Cal., on the 14th of last August to prevent him from taking the life of Justice Field. The Press of California was filled with conjections of a probable attack upon Jus* tice Field by Terry, as soon as it became known that he was going to attend the Circuit Court of that year. 1

After reviewing all the facts * bearing upon the homicide, the opinion says that they produce upon the court “the conviction of a settled purpose on the part of Terry and his wife, amounting to a conspiracy to murder Field. And we are quite sure that if Neagle had been merely a brother or a friend of Judge Field, traveling with him and aware of all the previous relations of. Terry to the oJudge, as he was, of his bitter animosity, his declared purposes to have revenge, even to the point of killing him, he would have been justified in what he did in defense of Field’s life and possibly of his own. But such a justification would be a proper sub- ' ject for consideration ton oa trial of the case for murder in the courts of the State of California, and there exists no authority in the courts of the United States to discharge the prisouer while held in custody by the State authorities for this offense, unless there be found in aid Of the defence of the prisoner, some element of power and authority asserted under the government of the United States.”

Justice Miller then takes up the proposition advanced by Neagle’s counsel that Justice Field, when attacked, was in the immediate discharge of his duty as a Judge and that Neagle was charged with a 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, and the court says that in traveling to perform this duty Justice Field “was as much in the discharge of a duty imposed upon him by the law as he wa3 while sitting in court and trying cases. There are many duties which the Judge performs outside the court room where he sits to pronounoa judgment or to preside over a trial. Justice Field, when attacked,had actually entered upon the duties of his circuit, and was in the necessary act of returning from Los Angeles to San Francisco, where he was required by law to be, when he was assaulted. We have no doubt that Justice Field, when assaulted by Terry, was engaged in the discharge of his duty as a Circuit Justice, and was entitled to all the protection under these circumstances which the law oould give him.