The times. (Owosso, Mich.) 1882-1897, 1889-08-16

whether Judge Terry had Intended to
provoke Justice Field, and draw weapon
before the latter could turn, Is, Of course.
not known, as Deputy Maggie, who sat OPP
lposite, prevented this by firing his shot, re-
suiting In the instant death OF Terry.
JUSTICE FIELDS STORY.
SAN FRAscIsoe, Aug. 15.-The Southern
overland train arrived ut the station In
Oakland shortly after IL o'clock a IN. A
great crowd had collected, telegraphic in
telligence of the Iathrop tragedy having
preceded the arrival Of the train. and the
sleeping car In which Justice Field was sit
ting was at once besieged by United States
officials and newspaper men. Justice Field
maintained his quiet demeanor and mar
rated to press representative the follow
ing particulars of the shooting:
~ can tell you the story In O few words. Far
the last few months all manner OF reports,
both public and personal, have reached me
that Judge Terry had threatened to subject me
to some indignity II he should happen TO meet
me. This fact caused the United States Mar
shall to decide to provide such protection as he
could during my stay In this State. When
started for Los Angeles to hold court Deputy
Maggie accompanied me. He seemed TO
be q quiet gentlemanly ofncial, though
only met him twice while away from Los
Angeles. He asked me In that city when In
tended to return and accompanied me, taking
"a seat in the sleeping-car opposite to me. We
heard that Judge Terry and his wife were on
the train, but paid no attention TO the fact.
When we arrived at Lathrop we entered the
eating station to get breakfast. took a seat at
the end OF the table. Maggie sat on one side OF
me. Terry and his wife came in the room soon
after. As soon as Mrs. Terry saw me she
went out of the room, as afterward learned,
returning to the car for her sacheL Judge
Terry rose, and Isupposed he intended accom-
panying her. Instead of doing so he walked
back of me and struck me heavy slap in the
face. was completely astonished. and, seeing
he was making ready to strike again, Maggie
cried .out: Stop, STOP bat Terry did not de-
sist, and as he was raising his arm second
time Maggie shot ut him, the bullet entering his
heart He fell to the floor, Maggie shooting q
second time, but the second shot not striking
him. Maggie was arrested at Tracy and taken
to Stockton to await the result OF the inquest
That is the complete story, SO far as am
aware of the facts"
ORDERED TO PROTECT THE JUSTICE.
Protection was accorded to Justice Field,
it is claimed, by authority f United States
Attorney General Miller, who telegraphed
from Washington to the marshal OF the dis
trict to see that the person OF the Justice
was protected at any hazard The order ex-
tended also to Judge Sawyer, OF the United
States Circuit Court, in this city, upon whom
Mrs Terry made a personal assault last
year while ON railway train accompanied
by Judge Terry. The order was based upon
this fact and upon threats declared to have
been made openly by Terry against Justice
Field. Deputy Marshal Maggie was directed
to accompany Justice Field under this or
der.
JUSTICE FIELD TO BE ARRESTED
nj An ar fetQ f.
torney of San Joaquin County says he will
have q warrant issued for the arrest of
Judge Field as accessory to the killing OF
Terry.
AN EvENTFUL LIFE.
SAN FRANCISCO, Aug. l5.-David S. Terry
was born in Todd County, KY, in 1929
He served in the Texas army under
Sam Houston. He came to Califor-
MIA in 40 and settled in Calavefns
Supreme Court of California on the native
American ticket and upon the death OF
Chief Justice Murray, in 1857. Judge
Terry became Chief Justice. He was
opposed to the vigilance committee of
80, and stabbed one OF the members
of the committee who had attempted to ar
rest Maloney, friend of Terry. Terry was
held by the Vigilantes, but afterward re-
LEASED. He killed Senator Broderick in 1859,
as the result of political differences Terry
belonged to what was known as the "chiv-
airy wing OF the Democratic party.
In 1850, while judge OF one OF the California
courts. Terry engaged In an acrimonious de
bate with David Colbreth Broderick, then
United States Senator from that State,
over the latter's opposition to the AZ
tempt to force slavery upon Kansas. Broderick
was making strong speeches against the adop'
ton OF the so-called Lecomption constitution,
and to some of his expressions Judge Terry
took exceptions Hot language passed be
tween them, and meeting under 1.-THE code"
was arranged which took place in September,
1850 In that duel Brodericks friends claim
that he was foully murdered, Terry having
taken an unfair advantage and fired before the
word. Broderick was killed at the first shot,
and for long time public sentiment
against the slayer was very strong, and he was
Ito a certain extent ostracised. For some
years afterward Judge Terry lived rather
quietly, but his hot impulsive nature led him
at last into other escapades which did not help
his name or reputation.
The MURDERER's RECORD.
SAN FRANCISCO, Aug. 15-David Maggie, who
killed Terry, is well-known here. In the lat
ter part OF the seventies he went to Arizona,
and in 1881 was appointed chief of police OF
Tombstone. While occupying that office he
had frequent encounters with the criminal eie-
ment and soon earned reputation for bravery
and daring. Among other exploits was his
killing of O noted Mexican desperate after q
fierce personal, combat. Maggie was made dep
uty marshal here q year ago. 1t was he who
,disarmed Terry last September when the ex-
Judge assaulted Marshal Franks. When IL
was determined to furnish Justice Field with a
body-Ruard Maggie was selected for the work.
Maggie is IS years old and has wife and family