A writ was issued, and upon its return, August 17th, the sheriff of
San Joaquin county produced Neagle and a copy of the warrant under
which he held him in custody, issued by the justice of the peace of
that county, and also of the affidavit of Sarah Althea Terry, upon
which the warrant was granted. Neagle being desirous of traversing the
return of the sheriff, further proceedings were adjourned until the
22d of the month, and in the meantime he was placed in the custody of
the United States marshal for the district. On the 22d a traverse of the
return was filed by him stating the particulars of the homicide with
which he was charged as narrated above, and averring that he was at
the time of its commission a deputy marshal of the United States for
the district, acting under the orders of his superior, and under the
directions of the Attorney-General of the United States in protecting
the Associate Justice, whilst in the discharge of his duties, from
the threatened assault and violence of Terry, who had declared that on
meeting the Justice he would insult, assault, and kill him, and that
the homicide with which the petitioner is charged was committed in
resisting the attempted execution of these threats in the belief that
Terry intended at the time to kill the Justice, and that but for such
homicide he would have succeeded in his attempt.
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