The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1889-08-23
Particulars of the Cowardly
Murder of Ex- Judge
David S. Terry.
He Is Shot Dead in His
Tracks by a Deputy
Marshal.
Terry Slapped Judge Field and the
Murdero"s Marshal Fired
Bullet Through His
Heart.
Particulars OF the Killing.

LATHRo,', Cal, Aug. 15.-On the ar.
rival u the southern overland train here
at 7:2o yesterday morning United States
oupretae dadge Stephen ]. Field and
Deputy United States Marshal Nagle
walked into tie depot dining room for
breakfast, ani EST down side by side
Soon aftsr Judge David s. Terry and
wife came in also. They proceeded to
another tas'c, Mrs. Terry, evidently
recognizing Justice Field. did not sit
dowr, but retired to the train for SONIC
unknown purpose. Before reaching it,
however and as soon as she had left the
dining room, Judge Terry approached
Justice Field and gently slapped his face
once. At this iuncture Deputy Marshal
Nagie arose from his seat and shot Judge
Terry, apparently through the heart. AS
he was falling Naglc fired again, mis:ing
him i ,th shots were fired in quick sue
ces;ion. Judge Terry never uttered a
sound after being shot. He
had hardly fallen when Mrs
Terry rushed to the side of his
body and threw herself upon it, Then
enaued scene of wiides. excitement
People rushed from tie dining room and
o.liess rushed in. During this Inc Jus-
tice Field and Daputy Marshal Nagle re-
treated 10 the sleeping car where they
were securely locked in All this time
t.rs. Terry called upon the crowd to ar
,ee,.. them, Before tire train RULED out
Constable Walker entered thS sleeper
and was carried away on board the tram,
dc informed the spectators that he knew
his duty asd wouid perform it. During
the time the train WAS standing az Ire
depot Mrs. Terry wha running wildly,
alternately from the body OF her husband
10 TIE ale6per demanding .admittanGe,
that she might Slap Jua,ice. Fields face.
She at the same time demanded that they
be detained and theii examination ,tc
made here. Previous to the entrance of
the constable into the sleeper the sheriff
and deputy, of Stanislaus county. had
already taken charge of Marshal Nagle.
After the shooting the deputy marshal
backed against the wall of the dining
room and warned every one not to arrest
him, saying he was an United States Off
C5r in the discharge of his duty. There
was no scmblance Of an attempt to mo-
lest him at any time. 4 constable took
Deputy Nagle from the train at Tracy
and proceeded with him to Stockton
where he now is In Jail District Attor-
ney White ordered the arrest ef Justice
Field upon his arrival in San FrGncisec
and telegraphed the oidsr TO the sheriff
at San Francisco.
The coroner arrived here at 1910 with
Ierry's body in box covered with a
white cloth. Mrs Terry rode in the ex-
press car with the remains, accompanied
| by several friends of the deceased. When
the body WIS taken off the car she fol
lowed and rode with II in the express
wagon to the morgue. She was dis
tresscd and said that it was q
cowardly murder of an unarmed
man. Deputy Marshal Nagls wa:
brought here in buggy by Constable
Walker, OF Iatbrop, at 1880. Whcr
the overland train left Lathrop after the
shooting the constable got in the ear ans
arrested Nagle. He rode with him K
Tracy and there took buggy 10 Stock
ton to avoid the crowd. When Nagl'
reached The Jail he alighted from th'
buggy and cam: in with a coat covering
his handouts Nagle refused to be in
terviewed. He said
81 am a United States marshal ant
simply did my duty as an officer.
Hc was locked up alone and soon zen
for q local attorney His pistol wa
given to the jailcr. 1t is large 44-cali
her Colts revolver of old pattern, witt
two charges exploded. Nagle was yer.
cool, but looked pale and determined
On being searched he gave up every
thing without comment.