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her is not material, and does not change or modify the act or duty of the judge. Now, Neagle was an officer of your court, charged with the duty of protecting your person while you were engaged in the performance of your official duty. _His_ duty was to see to it that you were not unlawfully prevented from performing _your_ official duty--not hindered or obstructed therein. For the State authorities to indict him for repelling the assault on you in the only way which he could do so effectually seems to me to be as unwarranted by law as it would be for them to indict him for an assault on Terry when he assisted in disarming the latter in the court-room last year. When, therefore, it was conceded on the argument that if the affair at Lathrop had taken place in the court-room during the sitting of the court, the jurisdiction of the Circuit Court would be unquestionable, it is difficult for me to see why the whole question of federal jurisdiction was not embraced in that concession. Assassinating a judge _on_ the bench would no more obstruct and defeat public justice than assassinating him on his way to the bench. In each case he is _proceeding in the line of official duty imposed on him by law and_ his official oath. The law requires him to go to court wherever the latter is held, and he is as much engaged in performing the duty thus imposed on him while he is proceeding to the place of his judicial labors as he is in performing the latter after he gets there. It would, therefore, seem to go without saying that any acts done in defense and protection of the judge in the performance of the duties of his office must pertain to the exclusive jurisdiction of the court of which he forms a part. The fact that the assault on you was avowedly made in revenge for your judicial action in a case heard by you gives a darker tinge to the deed, but, perhaps, does not change the legal character of the assault itself. That Neagle did his whole duty, and in no way exceeded it, is too plain for argument. Yours faithfully, W.D. SHIPMAN Mr. Justice FIELD. Letter from James C. Welling, president of Columbian University, Washington: HARTFORD, _August 15, 1889._ MY DEAR JUDGE: It is a relief to know that Justice, as well as the honored justice of our
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