"When the deceased left his seat, some thirty feet distant,
walked stealthily down the passage in the rear of Justice
Field and dealt the unsuspecting jurist two preliminary blows,
doubtless by way of reminding him that the time for vengeance
had at last come, Justice Field was already at the traditional
'wall' of the law. He was sitting quietly at a table, back to
the assailant, eating his breakfast, the side opposite being
occupied by other passengers, some of whom were women,
similarly engaged. When, in a dazed condition, he awoke to the
reality of the situation and saw the stalwart form of the
deceased with arm drawn back for a final mortal blow, there
was no time to get under or over the table, had the law, under
any circumstances, required such an act for his justification.
Neagle could not seek a 'wall' to justify his acts without
abandoning his charge to certain death. When, therefore, he
sprang to his feet and cried, 'Stop! I am an officer,' and saw
the powerful arm of the deceased drawn back for the final
deadly stroke instantly change its direction to his left
breast, apparently seeking his favorite weapon, the knife, and
at the same time heard the half-suppressed, disappointed growl
of recognition of the man who, with the aid of half a dozen
others, had finally succeeded in disarming him of his knife at
the court-room a year before, the supreme moment had come, or,
at least, with abundant reason he thought so, and fired the
fatal shot. The testimony all concurs in showing this to be
the state of facts, and the almost universal consensus of
public opinion of the United States seems to justify the act.
On that occasion a second, or two seconds, signified, at
least, two valuable lives, and a reasonable degree of prudence
would justify a shot one or two seconds too soon rather than a
fraction of a second too late. Upon our minds the evidence
leaves no doubt whatever that the homicide was fully justified
by the circumstances. Neagle on the scene of action, facing
the party making a murderous assault, knowing by personal
experience his physical powers and his desperate character,
and by general reputation his life-long habit of carrying
arms, his readiness to use them, and his angry, murderous
threats, and seeing his demoniac looks, his stealthy assault
upon Just