The Press., 1889-08-22

Issued Every Thursday Evening. flash, drew his six -shootAr and fired twice, one shot following the other so rapidly that they sounded as though coming from gers are pulled simultaneously. Terry's limbs seemed To give away as the first shot hit him aquarely in the left breast and he fell to the floor. The second struck the floor near him, ploughing up the wood and lodging in the wall.
 As the first shot was fired, Mrs. Terry reappeared in the doorway, carrying a hand travelling bag. Stackpole intercept ed her, and with the aid of others, took away the bag. Upon examination after ward, the bag was found to contain pis- tol, which was sufficient proof of Mrs. Terry y's motives. Attracted by the report of the pistol, she looked in at the door, and as she saw her husband fall, she threw up her hands and screamed wildly:
 'sHe has killed him He is murdered l" A panic seized the people in the dining room, and seventy people crowded out in g heap. In the wild excitement Marshal Nagle was cool The crowd gathered about him. Still holding the pistol in his hand he turned to the crowd and said
 ssI am United States marshal m the discharge of my duty. Do not touch me. l" The crowd fell back, and Nagle said to Justice Field, "Come on." Field rose and the two left the table, proceeding directly to the car and seating themselves. Judge
 Field was very nervous and as white as 8 sheet, but he said not @ word, keeping his lips tightly compressed. Judge Terry's
 body was carried into an ante-room and 8
 sheet was spread over it. Mrs. Terry
 clung to the body, giving way to passion
 ate outbursts of grief. Constable Walker,
 of Lathrop, arrived on the scene shortly
 after the shooting.
 ''Are you constable?" demanded Mrs.
 Terry.
 l ssYes," was the answer.
 l s'Then arrest that man. Arrest Judge
 Field. He was the cause of it. Arrest
 him as accessory to the murder of my hus-
 band"
 Walker boarded the train just as it was
 pulling out, and immediately placed Nagle
 under arrest, but, in order to avoid excite l ment, went with his prisoner on the train
 as far south as Tracy. He then procured
 carriage and drove with Nagle to Stock. I ton, putting his prisoner in the county jail. Nagle was very quiet and self-pos
 sessed. He declined to talk of the affair. He readily yielded up his pistol to Oonsta- ble Walker. The weapon was large A.
 calibre Colts revolver. I When Walker returned to Lathrop, he I was asked by Mrs. Terry if he had arrest. T ed Judge Field. He replied
 ssNo. have no authority to arrest him." Il "I ordered you to arrest him, shrieked s| Mrs. Terry. ssHe was to blame. Thal T other fellow was only his tool. Xou have arrested the servant and allowed tho master \ to go free. I She indulged in loud lamentation, bui } presently recoyered herself and asked 5 Did you search Field for q weapon 2'.s s T No z replied the constable. l ssMhy didn't yon 2 | told you to. HI Was armed and would have shot my hus q psnd; ssides. you want Field as . wit sHe will be here in time, ' replied th' constable.
 l But Mrs. Terry said that she knew bet ter, that San Francisco officers would dt , nothing with Judge Field.
 Protection was accorded to Justicl } Field, it is claimed, by authority of At ! torney General Miller, who telegraphee from Washington to the marshal of thu ] district to see that the person of the iustic' 7 was protected at any hazard.
 : David s. Terry was born in Arkansas il ] 1916. When g young man he went tt } Texas and took part in the war by whicl
 that state achieved her independence iron t Mexico. In 1846, after the admission o r Texas to the union, he served in the Unitet 2 States army under General Zachary Taylo r as private in Captain Bellows company 3 of Colonel Jack Hays's regiment of Texal ! mounted rangers. After the Mexican war 8 the discovery of gold drew him to Calforni r with number of his companions. Away - one of the most fiery of the fire.eatinl
 class he, early attached himself to tn 9 fortunes of the rough element of his party t His legal talents and personal integrit } were generally recognized even by his CT l. emies, and he was soon elected one of tn @ judges of the supreme court of Oalifornis j. Both he and Broderick bitterly oppose r the organization and acts of the Sa D Francisco vigilance committees of 185 # and 1856, at whose hands many of thei e followers met summary, if unlawful e the law had shown itself unable or unwi
 
 o hanged by the vigilance committee for th 8 murder of United States Marshal Richart e son, and Casey for the murder of Jame e King, of William, the editor of The Sa n Francisco Evening Bulletin, " and the n' d torious outlaws, Sullivan and Mulligal p were banished, Judge Terry was the mo e active adviser of the governor, J. Neel l. Johnson, in an abortive attempt to pl 5. down the committee by force. Leavin te the bench at Sacramento, the judge at ont t. went to San Francisco, and, arming hin at self, entered heartily into the plans of tl le committees opponents, who called then
 selves sslaw and order men," On June Z F. he resisted an attempt by Sterling A. Ho fe kins, a police officer in the service of u a- committee, to arrest 8 desperado, Jam
 Rube Maloney, and in the tumnlt stabbs Id Hopkins in the shoulder with bowl knife, infllcting serious wound. It wi le at first thought that Hopkins must die, ar
 Terry was at once arrested by the comm t. tee and put on trial for resisting the GOT mittee and for an assault with intent
 kill, as well as for four other serious 8 le saults at various times. Hopkins got we to and Terry was released in August. AsI Ins1S59, having in the meantime becon