Show I 1 N aea GL E G 0 E S FREE the tile judgment of the california court Affirm ol BE IVIS 11 07 0 BIS HIS nn I 1 I 1 Sec emill for to the state coarl lamar bisenti liM bb dili senti WAsu maTox april 14 the celebrated celeb b alte d nagle albeas corpus ca ww from roin california was decide I 1 by t the he states supreme rea bourt court to oday today o day the judgment 0 f the circuit court being affirmed this finall finally disposes of ull all foce proceedings proceed eding ingi against fleagle for shoot 1 ing judge terry in the railway station at lathrop La hrop Cah Calif foroi on the I 1 alth ith of last august to prevent him from taking the life of justice field the opinion wan d i liv r rd d by justice justies miller after fit fin shooting was arrested arres teJ at stockton by itse officers oin eera but was ral released aged on a writ of habeas corpus based on the ground that who was acting under iri merely performed liia bis do lit y as in an officer octha 0 the united states it wai was ou rin appeal from this order thal the tile case cabe wai aai brought before the tle united stats stat s sap erne eme cut cu t A after fler t tr r vie 00 1 I ais 4 leading up to the asi mault ault I 1 coniing thi th i imprison trient of terry for r in kno icing king thi tho marib il 1 I do n in opan 0 curt urt then pu 1 1134 ann 11 I 1 with w th a drawn n bowie bowle kud ind nd ait ait r reciting rec itin a alro to numerous haa h te ae by rr rry against justice FOZ fedj Justice justice lit r fave it is useless to glowver the testimony on this subject ct more pit ticul arly than then this it is is sufficient to pay say the evidence ia is abundant that botts terry and bis his wife ife contempt con contemplated ted borne some attack upon jodae fe feld I 1 d during liis his to california in the bummer summer ol 01 1889 which they intended should in bia his death many ot of these matters were published isbel in the necip and the press of california Californi sit was filled with conjectures of lie file probable attack by terry on justice field As eoon soon as it be became laule knon n that be was goine going battend to attend the circuit court of that boar the op nion then recited the correspondence betA between een the attorney general and the united states marthal in california directing the later laver to exercise cerrice rise unusual cautin for the protection of just justice te e y field against tho the violence of the he terrys tills correspondence correspond euce resulted la in Nei titles lela appointment as I 1 deputy marshal with special inath instruction af to attend justice field both bull lin in court and while traveling between courts and to pro protect act han from via violence ence after reviewing all lie the bacle bearing homicide he the opinion says they produce upon the court a conviction of a settled purpose on the lie part ct cl terry faid I wife amount og ag to 11 a conspiracy conf piracy to murder piet and we are tire quite eure sure it afa ie ha ba I 1 been merely a brother or friend ot 01 judge field traveling with him and aare of atall all the provit ua us relations of terry to the judge a ai as s he lie was of his bitter animosity animo rity his declared to have revenge even evela to he the point of killing him he would hive irive heen justified in what hat hadid he did in de of fields life and po 0 of his own 0 n but such justification would be a pro proper I 1 er subject for or consideration on trial tria I 1 of 0 a wee cae tor for murler in the lite courts of 0 the elate state ot of california and there exists no authority in the tile courts of the united states ty to discharge a prig 0 ser er while held in custody by state authorities for fir this of fence unless there bo be found in aid of the defence of the prisoner some dement element of power and authority asserted under the government of 0 the united states justice miller then takes up the tile proposition advanced vaniel ail by Ne aglea counsel that justice field when at I 1 tacked vias in immediate discharge of his duty as judge and that norgle was charged with the duly under r the laws of the tile united states to protect field from vi lence the law requiring justices of the tile supreme court to go on cir circuits cults is queed justice field when attacked had bad actually actu ally entered upon the duties of his ilia circuit and was in the necessary act of returning from los adgelee to san francisco we w wt e e he be A as required by law to be when he fie was a assaulted we hive have no doubt that justice field w hen ben attacked by arry ws wits engaged tn in the discharge diec liMKe of hi bi duties as circuit justice and was euti entitled to all the protection under those circumstances that the law could give him the court does not presume that any special act 0 congress exists which iu in express express ex terms authorizes marshals or deputy marshals to act as its bady bid guard to justices while on their y circuits but in ft ian 4 view of the tile constitution aution it ia is fairly and properly infer inter abe from that instrument or say duty of 0 a marshal to ba derived from the general scope of his duties comes within the provisions of the habe habeas a corpus act directing the release of persons who are in custody for an act done in pursuance of the laii lans a althe united states it would gays says the opinion be a great reproach to the tile system of government er of the lite united states de clarty to be within its sphere sovereign and supreme if it there is to bo be found within the domain A t its powers no means of protecting bindues m in the tile dime discharge barge of thir duties from rom malice and haired hatred of those epou 0 whom its judgment may operate unfavorably it a p person in the sit nation of jasperson justice field could have no o liar guardian of cf hia ilia personal white en in the conscientious discharge tit of a disagreeable duty than the fa t that aljie was murdered his murderers adee rera would ba subject 0 to o the lawa of the state and by thimio laws could be punished the security would IM be a aty ve very insufficient plan which terry and wife ife had in mind mit idof of insulting him and assaulting ting him and drawing lim him into an offen ive physical contest in course 0 of i wilch they would elay slay hims him shows hous the little baluis of such remedies we do not believe the lite government of the united states ia is thus inefficient and that the tile constitution and laws have left the high officers ot of the government BO so de fenceless and unprotected il it is in the executive department that the court finds the power ot of protection to exist and in the language of the constitution directing that the tile Preil dent ahall take care that the tile laws be faithfully executed and providing him with means to fulfill this tills obligation liy by bis his authority to the tile commission commie Bion of atall all principal officers of the united states Is this duty auks asks the court limited I 1 to w the enforcement of acts of congress gress and anti treaties or does it include the rights duties and obligations growing out of the constitution and international n relations the court answers the question by calling attention to the tact fact that there is no law of the united states authorizing the tile government to inter interfere tere for the protection ot of an naturalized nn citizen of I 1 the u united cited states v ft ho bo on visiting hia his native hem P place lice is i arrested and made te fe d do alitar service ata at A then n cites cite ill he case ot of 1 martin art I 1 kaszta ta an australian where the tile government without any specific authority from Con de and obtained his release the regulations of tile land office appointing timber agents and providing for their payment which hw it yeen been held valid by tile supreme coull court though there is 8 no jinai ios ilive ive in n 0 of f law for or their payment and the power ot of the alton attorney ey general suit fu bained by the supreme B court to in inisi III tute suits luiis to set aside patent patents obtained by iraik 1 though thore there is is no at statute t on the t were wore recited in support of this tills doctrine continuing the court bays it lt cannot doubt the power of the I 1 president resident to take measures tor for the tile protection of a united states who ho while in the tile discharge of 0 bis is dudes duties is is threatened with violence and that thi the department I 1 of J justice is the proper one to set in motion the nece necessary sary means of protection and that had proper per authority for tile stepa he be took for the t protection protect in and defence of justice field there is flays says the opinion a peace 0 of f the tile united I ates tates and the united ita estates states marat marshal ial in in each case stands in in the ranie fame on which a county t bariff does in in maintaining dainta ining nine peace I 1 in a con county it cannot be doubted that it aou would have been the duty of a sheriff if one bad had ba ben en present to prevent an assail assault it on justice field and prevent murder contemplated by it and if ft it became L became necessary nece 0 o kill T Y rry in ina a case where here like this it was evidently evi eviat denly antly a question of choice of w ho should be killed the tile asi assailant ailant and vio violator astor of law or the un landing fl man who is in hi his power the there can be no loo queston quest on 0 of the authority of the sheriff to have kill d ferry terry the tile marchal elands stands in of a slie riff and it being hid his duty t ti guard a jadee aad brinn being present at the tile critical crina moment when prompt action was tier Lev essary it was ins lis duty a duty dut y w huh he lie had no lib arty to re refuse fuse to perform to take the steps which resulted in m terrys death the court next takes u up p the contention of the question of the guilt of the prisoner of the crime of murder it is is a queston qu ques eslon ion to be determined by the courts of california and the U united states court baj had no po power to tike a prisoner and release lum him w without trial by jury jars according cording Le to the laws 0 of the california ca ifo dia courts the response to thia this contention is that tile ex express press terms of the habeas corpus a act c t directs such course where an act is done in of the laws of the united states buch such has ilia been show shown a to be the case here the act of prisoner having in g been committed in pursuance stance to law of the united states state tar be 6 cannot be guilty of crime under the law of the state of california and when it is ah be is proved innocent of any crime lie tile lass of the state there ia Is no occasion oc cation then for any further trial in the state courts and the united states S ales circuit court was ai com competent pet cit aa a any other tribunal to ascertain wh wheler ellier lie act waa was performed in pursuance of the law of the united eta es and under proper antho authority tho rity and it was not at all necessary to ampa ern panel ie a jury ury for the purpose p a tile ju irmest of the circuit e court 0 t ibi 1 is affirmed authorizing N agles discharge from the custody 0 of f the sheriff jub juaice ice lamar in in behalf of himself and ahe chief justice delivered an elaborate ela borao and vigo v I 1 grioua tous dasent the ground oa ort which they di is 19 that in coni considering dering the halwas corpus act a c t a wholly construe t tonis on is placed on the word law as fin mufed in that statute ista and a wholly wholly in a dinis sible application ia is roade i a ale of 0 the c clu laure e in custody in in violation of the con constitution ration of the united states iti it is I 1 indispensable dippe nalle to observe care fill fiill the distinction between individual men ard and the same poisons in official capaci lea ies we agree assuming the facts of the tile case ease to bias b as shown by the record that personal pr protection action of judge field as a private citizen c t en even to the death of berry w was is not only right but casals nasals was na a the duty of isenagle gle and of any other c thoo r bystander we maintain that for the exer exercise cige of that right or duty he is ans answerable erable to the courts of california and to them aline alne but edeny ilist had bad any duty imposed upon bun him by the I 1 law avs a of tile united sat S ats prow ing out of the official cli ell ratter of judge field in short there wai was nothing whatever in the fact of official character in in the tran and therefore we think the united courts have in the present state ct of our legislation no jurisdiction whatever hat in the premises there wai no authority for the release of in conclusion the dissenting dis enting opinion waa was it if the act of terry had resulted in the death of justice field would the murder have been a crime against the united states fc tates would the tile government of the united states have been competent in the present condition of the statutes to prosecute in its own tribunals the murderer ar derer ot of Us its own supreme court justice justice or even to inquire into the lie heinous offence offense through its own tribunals if yea yes then the slaying staying of terry by tb the 0 appellee in in necessary ceBry ne prevention tion of euch such act was wits authorized by the law of the united states and ho fie should be discharged aal that inde and p ali nt of any official chancier character the situ aon being the bame in in the case of any cilam n but it answered nt nw hoy how ho y stands the matter then the killiri of terry was wait not by authority of 0 the united states no matter by whom hom lone klone and only tile anthonty antho ity of 0 relief fur for vindication can be lift of the stat tat s and the slayer be remanded to the state courts to tb he tried the question then recurs would it have been a crime against the tile united states there can be but one answer murder is not dot in of fence against he lie united states except when committed at bilao a where the national government has exclusive jurisdiction it is in well settled thit that th it euch such a crime I 1 must mus t be defined by a statute and still no such uch a statute stal tits has yet been pointed out the united stales government iw 10 ing thus powerless power lens letis to try aud and punish a man clia chanced reed with murder u we e are I 1 not ot prepared 0 to o affirm that it Is impotent to discharge from trial and give immunity from all liability to an any y trial anywhere unless an express statute of congress is is produced commanding mau ding such W we e are less reluctant tan to come to this conclusion because we cannot permit ourselves to doubt that it if appello had acu b en indicted and gone to trial before a jury of his own coun try ry god and hu his country would have given him good deliverance |