The Circuit Court of the - United States at San Francisco
has decided that Marshal Nagle, who shot Mr. Terry for striking Judge Field, was legally justified in his act, the Judge whom he was appointed to protect being legally, even when on Ida travels, "the Court itself in Session." The decision is, of course, influenced by the desire to prevent the terrorising of the Judges, Terry's complaint against his enemy being avowedly that he had decided against him, it appears, moreover, from the evidence, that Marshal Nagle did not shoot to prevent further insult to the United States Judge, but to save his life. He was aware that Terry had sworn to kill the Judge, and had killed other men, and he expected the blow, which was a furious one, to be repeated with fatal effect. There could be no doubt, under such circumstances, of Judge Field's right to defend himself with firearms, and the only question is, whether an officer of police, specially deputed for the purpose, had an equal right. Nagle has been discharged, and will probably be shot by Terry's friends.
Previous page
