The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-09-06
TERRY BENT ON MURDER.
NAGLR FIRED JUST IN TINE TO
SAVE JUSTICE FIELD.

NAGLR FIRED JUST IN TINE TO
SAVE JUSTICE FIELD.
The Justice Had Been Slapped Twice
Before the Shot Was Fired-Attor-
ney General MilIsr's Letter to
United States Marshal Franks Re-
guessing Him to Guard the Justices
WASHINGTON, Sept. 5.-Foliowiag Is the
letter from Attorney General Miller %
Marshal Franks Of California, authorizing
him to protect Justice Field and Judge
Sawyer from assault by Judge Terry or
wife, WHICH was introduced yesterday in
the hearing Of the case against Deputy Mar
shall Maggie:
WASHINGTON, D. c, April q, 1880.
To John g. Franks, United States Marshal,
san EFoitct CO. tdA.:
SfR-Tbe proceedings which have heretofore
been had 10 connection With the case Of Mr.. AMI
Mrs =, rry, in your United States circuit court,
have become a matter Of pubic motor ETY. ana
/ deem it my duty TO call your attention 10 the
pr0priety OF exc cisins unus al eau. ION IN case
further proceedin $ shall be lad in I at case
for the protection Of his honor. Justice Fleld.
or whoever may be called upon TO hear ana &c
termIue the matter. OF course do cot know
what NAV be the feeling or purpose OF Mr. ana
hrs Terry in the emises, but many things
which have happened indicA,e that violence n
their part may not be impossible. II is
due TO dignity and independence
of the court and the character Of
its judges that no effort on the part or the gov
eminent shall De spared TO make them 81 en-
tirey safe and ee from anxiety 10 the dis-
charge of their high duties. You viii under
stand Of course that this letter is not for the
public, but to put you upon your guard. IL VIII
be proper for you to show il to the district at
torney if deemed best Yours truly,
W II. II. MILLER,
Attorney General.
SPECIAL DEPUTIES EMPLOYED.
Subsequently Marshal Franks askel and was
grated perm. ssion to employ pecial deputies
to protect tue judg : Ia his Official report
the depa tnen under date OF Aug Il, W ar hal
Franks says that in oOe ieuce 10 the struc-
tions of the department he had constantly ex-
ercised the utmost caution for the protection OF
Justice Field a d Judge sawyer, I. ON violence
by D. s. Terry and wife. OF th' assault in The
dining room at Latnrop, Marshal Franks says
that Judge Terry struck Justice Field twice be-
fore Deputy Ma lie interfered.
TERRY BENT on MURDER.
He continues:
Judge Terry was a man of very large physique
and Of great strength. His passions were APP
parently beyond Ills own control, and lie was
most ready wit the knife, weapon which he
ried for thirty years. Maggie is man
of slight build, and he well knew Telry's
violent character and skill with weapons.
When he saw good reason 70 believe that Judge
Terry, so far from being deferred by his official
warning to stop was desperately determined
to take the life of Justice Field, and lis ma les
own life. Magic prev nted it in the only way
any reasonable person conversant with the facts
will pretend he could have done. 1t will be
clearly shown that tn re were not two seconds
between Justice Field s life and the shot from
Deputy Nagles pistol that saved it,"
THE STRUGGLE IN 1888.
Accompanying the rep TT are a number
of exhibits contai ing information in con-
nection with the tragedy and subseque t
proceedings. One Of EN- is a pamphlet
giving an account Of tie contempt pro-
ceedings before Judge Sawyer in Sept,
1888, when Marshal Franks Gays:
Judge Terry desperately resisted my
officers, hourishing his knife and endeavor-
ing to do violence, Notwithstanding the pIs-
toll of Deputy Taggart leveled at his bead.
He was then overpowered by number II
men. At Lathr p he had every advantage,
and was on the point OF conp letidg hi, des
perate enterprise, with only Deputy Maggie
and Justice Field TO oppose him."
THE INSULT TO JUDGE SAWYER.
Another exhibit is Judge Sawyer's mar
ration Of the facts attending the gross in
suit to him by Mrs Terry on the train be-
tween Los Angeles and San Francisco, Aug.
Il, 1855, while in company with her aus
band, - bic has been greatly exaggerated
by Mrs. Terry's account of 1t. T Judge
says Mrs Terry merely twitched his hair,
where it was snort, as she pas ID him in
the aisle of the car. He hardly feft it and
no one but himself, Mir. and Mrs. Terry,
and a Mr. and Mrs. Cowles noticed the
action.
SECOND ATTACK CONTEMPLATED.
Later en-, the Judge says, Mrs. Ter. con-
templated an assault upon him vita
parasol but was deferred from attempting
it by the presence aud attitude of two pss-
sengers, to whom Judge Sawyer had spok n
OF the hair pulling IN ldent, AID reque ted
them TO observe the actions IF the Terrys
closely.
In a subsequent letter TO the depaI oment,
Marshal Franks denies the statements of
certain papers that Deputy Mage was "a
killer" Of the border-ruffian type, and as
serts that his reputation was that OF a
peaceble, law-abidl man, but of much
courage. which had been proved on several
occasions.
which resulted in Judge Terr5 and his wife
being imprisoned for contempt.
FIRING OF TIE FATAL SHOT.
In relation to the tragedy at Lathrop
last month be said: Deputy Marshal
maggie ana mYselI entered tue dllln2 room
at Lathrop for breakfast, and soon after
taking our seats Judge Terry aud his wife,
who were on the same train, also entered
the room, and as they pa.S ed down the
aisle Mrs Terry glanced at me for a
moment, and then turned about and left
the place. Judge Terry seated himself, but
arose Immediately aud came toward me.
Before realizing what he in ended to do, I
felt powerful blow on my cheek. turned
around and saw Judge Terr g giant
form towering over me with
his clenched fist appraised. | then heard
Deputy Nagle say: Stop that am an officer.
then heard two pistol .oys in quick sue
ceSsion, and saw Judge Terry fall 20 the
flo r. | was dazed for moment, but soon
realized that Judge Terry had received a
death wound and arose ana left the room. "
TERRY MEANT TO KILL.
Justice Field ia re ponse to questions.
expressed an opinion that if Deputy Ma lie
had not shot Judge Terry he (sleldI
would have been dead within she
next five seconds. He said the
expression of 1errys face W en-
he raised his hand to strike a second tune
could not be mistaken. 1t was full of nal
ice and murder. Justice Field de Jared ne
had never had any difficulty of any nature
whatever prior to rendering judg-
ment in the Sharon case a wear
ago, In fact they had always been