The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1889-09-12
Justice Field Testiflas.

SuStlCo rIoI0 IehLIHess
SAN Francisco. Special: In the case of
Deputy United States Marshal Nagle more
testimony was adduced showing that
Terry habitually went armed and INDUCED
in violent acts Judge Field testified:
Deputy NaRle and myself entered the dining
room at LathrOp for breakfast, and soon after
taking our seats Judge Terry and his wife en-
tered. AS they passed down the aisle Mrs. Terry
glanced at me for moment, and then turned
and left the place. Judge Terry seated himself,
but arose Immediately and came toward me.
Before eallZing what he intended to do felt a
powerful blow on my cheek I turned around
and Saw Teri 8 giant form towering over me
with his clenched fist upraised. / then heard
Nagle say: Stop. I am an officer" then
heard two pistol shots in quick succession, and
moment, but soon realized that Terry had re-
ceived his death-wound, and I arose and left
the room.
Justice Field further testified that he be-
leved that II Nagle had not shot Terry he
tF1eld) would have been dead within the next
five seconds The expression of Terry's tace
when he raised his fist to strike eecond
blow could not be mistaken. IL was full OF
malice and murder Justice Field declared he
had never had any difficulty with Terry prior
They had been ON the most friendly
terms. Terry had often tried cases
before him, and on entering court had
always spoken pleasantly. During the last
year Or two. however. he seemed to have en-.
ttrely changed, and to have lost his respect
for the courts. Justice Field added that the
story of his having asked Terry to support
him for president some years ago was pure
fiction. Justice Field was not or oss cram
ined Mr.. NagIe will probably be examined
tomorrow.
REPORT OF THE MARSHAL
WASHINGTON Special In his official report
| to the department of justice under date o1
Aug. FL, United States Marshal Franks Ol
San Francisco saws that ia obedience to the
| instructions of the department, he had con-
stantly exercised the utmost caution for The
protection of Justice Field and Judge Saw
yer from violence by D. s. Terry and wife
or the assault in the dining room at Lathrop
Marshal Franks says Terry struck Justice
Field twice before Deputy Marshal Nagle in
| terfered. He continues:
Terry was a man Of very large physique and o
great strength. His passions were apparently
beyond his own control, and he was most ready
with knife, weapon which he himself de
cIared he had habitually carried for thirty years
Nagle is a man of slight build, and he we'll knew
Terrys violent character and skill with weapons
| When he saw good reason to believe that Terry
| so far from being deferred by official warninI
| TO stop. was desperately determined to TAX
| the life Of Justice Field and his (Nagle's) owl
life, Nagle prevented it in the only way any rea
| sonable person conversant with the facts will
| pretend he could have done. It will be clearl!
| shown that there were not two seconds betweel
Justice Fields life and the shot from Nagle'
| pistol that saved it.
In subsequent letter to the department
Marshal Franks denies the statements o
certain papers that Nagle was a "killer" o
| the border ruff1an type, and asserts that hi
| reputation was that of q peaceable, law -abid
| ing man, buteof much courage, which ha:
been proven on several occasions.