New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-09-06
JUSTIFYING MARSHALL NAGLE.
TEXT OF ATTORNEY GENERAL MILLERTS IN
STRUCTIONS TO MARSHAL FRANKS.
Mr.. FRANKss, OFFICIAL REPORT AND EXHIBITS
--NAGLE NOT A BORDER RUFTIAN, BUT
PEAcEABLE MAN OF HIGH
COURAGE.

COURAGE.
Washington, Sept. 5.-1he following Is tho letter
from Attbney-G General Miller to Marshal Franks OF
California authorizing him to protect Justice tieid
and Judge Sawyer from assault by Judge Terry or wife,
which letter was introduced yesterday in the hearing
OF the case against Deputy Marshal Nage.
Washington. April 81 1889.
John G. Franks United States Marshal San Francisco.
Sir: The proceedings which have heretofore been
had in connecton with OF Mr.. and Mrs Terfy
in your United States Circuit Court have become matter
OF public nooriey. and deem IL my duty TO call your
attention the proprety OF exercising unusual cauuon
in case further proceedings shall be had in that case io
the protection Of HIS Justice Field or whoever
may be called upon to hear and determine the matter
OF course do know what may be the feelings or pu
pose OF Mr. and Mrs Terry in the premises, but many
things which happened indicate that violence ON their
part may not be impossible II Is due 70 the dignity ana
independence Of tho court and the character OF It's judges
that effort the part Of the Government shail Do
spared to make them, feel entirely safe and Eee iom
anxiety the discharge. Of their high duties. You VIII
understand OF course that ettor IS not for tho
public. but put you upon your guard. 10 VIII be
proper for you to show It to the DistrictAtoney il
deemed best. Yours truly
W. H. II. MIELER Attorney General
Subsequently. Marshal Franks asked and received
permission to employ special deputies to protect tho
judges. In his Official report TO the Dcparm'n
under date OF August 81. Marshal Franks SAYS thai
in obedience to tho instructions OF the Departmcn. he
had constantly exercised tho utmost caution for mo
protection of Justice Field and Judge Savior nom
violence by D. S. Terry and wlio OF the assault In
the dning-room at LathrOp Marshal Franks saws
that Terry struck Justice Field twice bef0io Deputy
Marshal Nagle lnerfer'd.
He continues: Terry was a of very large
physique and of great strength. His passions were
apparently beyond his control and h. was most
ready with a knife. a weapon which he himself de-
clared he had habitualy carried f-r thirty years
lnaFT
Terrys violent. character and skill with weapons.
when he saw good reason to believe that Terry far
from being deferred by official warning to SOP was
desperately determined to take Tho lifo Of Justice
Field and his (Nage'sl lie. Magic prevented It lu
the only way any reasonable person conversan' with
the facts viii preond he could have done. 1t will
be clearly shown that there two seconds be-
tween Justice FIELDS life and tho shot from Nagles
pistol that saved it.D
Accompanying the report are a number OF exhibits
containing information in relation to the tragedy and
subsequent Tooccedngs. One of them IS a pamphlet,
giving account Of contempt proceedings before
Judge Sawyer, In September, 1885, upon which Mrshal
Franks says: Terry desperately resisted my officers.
fourishng his knife and enleavoring to do violence.
Notwithstanding the pistol of Deputy Taggart leveed
at his head. He was then overpowered by num-
ber of men. At Lathrop he had every advantage.
and was the point OF completing his desperate
enterprise, with only Mage and Justice Field tO OppOso
him.
Another exhibit is Judge Sawyers narration Of tho
facts attending the gross insult to him by Mrs Terry
on the train between Los Angeles and san Francisco
August ID 1855, while in company with her husband,
which occurrence, Judge Sawyer rcmark ks. has been
greatly exaggerated by Mrs. Tcrry's accounts OF It.
Mrs. Terry he says merely twtchcd his hair where 1t
short, as she passed him In the aisle OF me car
Ho hardly felt It, and no one but himself, Nr. ard
Mrs. Terry. ana Mr. CowIes, noticed the action.
Later on in the TRIP the Judge adds Mrs. Terry cOnem-
plated an assault upon him with her parasOl, but was
deferred from attempting It by tho presence and
attitude OF two passengers 10 whom Judge sawyer hal
spoken of the haIr-pullng incident and whom he had
requested TO observe the future actions OF the Terys
closely. -
In a subsequent letter to the Department, Marshal
Franks denies the statements Of certain paTers that
Naele was killer of the border ruilan tvpe, and
asserts that his reputation that of eaceable law
abiding man, but OF much courage, which had been
proved on several occasions