The Press., 1889-08-22
THE KILLING OF DAVID s. TERRY.

It is singular commentary on the law less career of Terry, whose hand has been against every man in California since he first went there from Texas in 1849, that no one can be found to mourn his death, and public opinion is unanimous that if Nagle had not shot Terry so promptly the aged associate justice would have been murdered.
 .Terry's few friends declare that the as- sault upon Justice Field was due to the taunts of Sarah Althea Hill, who never ceased to incite her husband to violence since the decision which was given against her by Justice Field in September, 1888. Shortly before the death of William Sharon, Sarah Althea Hill began suit against him for divorce, with alimony and a division of the property, claiming to have become his wife by virtue of writ ten agreement, which, however, Sharon denounced as forgery. A long and bit ter contest followed, marked on all hands with great acrimony and many .unsavory disclosures. The state court decided in favor of the plaintiff, but before final judg- ment Sharon died, and Sarah Althea then sued the estate for her dover and the ar- rears of alimony. The executors carried the case into the federal courts, where the alleged marriage contract was adjudged a forgery. This put an end to the claim ants case, and with it her hopes of receiy. ing $5,OOO,uOO to $6,Oo0,00O from the Sharon estate.
 l Meanwhile Judge Terry. who was a wid. over and had beenRengaged by Sarah Al. thea Hill as her counsel in the Sharon proceedings, had married her. On Sep. tember 4, 1888, when Justice Stephen J. Field, sitting as presiding judge of the United States circuit court at San Francis. co, read his decision against her, she be came so disorderly that she was ordered te leave the room. Terry instantly struck the deputy marshal charged with enforcing
 this order, and drew knife on him. Fol
 this contempt he had to undergo siz months Imprisonment.
 It has been commonly understood that
 threats of violence, coupled with Terry's
 history, rendered it desirable to detail al
 officer of the court to accompany Judge
 Field during his present circuit. The re
 cent tragedy shows that this precautior was not unnecessary. r II Soon after he was placed in jail Terry
 admitted that he was in the wrong, anl
 promised his friends, when he came out
 that he would not seek revenge on Justic' Field. But, if they hoped that his pas
 
 the influence of Sarah Althea. She con stantly dwelt on the wrongs they both hat
 suffered until she drove Terry half wild She arranged the scheme that she was t, shoot Field in open court, and if she fail ed, then Terry was to fniah the work. II : pursuance of this plan, she kept a six shooter and bowie knife in the 4satche which she always carried during the Sha1 lon trial, and she was in search of thi ! lsatchel in the oars when Terry made Iii B assault on Justice Field IT was eviden Esl that the meeting III Una hxeakfask table i K EmthxoIs auageaf6 f6fI to her fhnt this Wo1lll z ll5e ' sal 6r plsoS t0 {Ics tlho ~Drk tl1an til } United States court room ill Ban Francif co, and neither she nor Terry suspecte ) that the quiet looking man who entere
 the eating-room with Justice Field an, took seat opposite him was David Nagle 8 man who is known all along the coast a the terror of evil-doers in Tombstone :. Ariz., the slayer of six desperadoes wh r resisted arrest in that lawless territory il { the seventies, and one of the quickest an 5 deadliest pistol shots on the coast I
 fact, Nagle has owed his escape in man
 desperate afrays with cowboys and horse ) thieves in Arizona to his quickness wit I the revolver, and no man ever yet got tn ' drop on him.
 g In this case Terry never knew what hul him, as Nagle had pulled his six-shoote 3 and put two bullets into him before an j. one could count five. The witnesses d. s clare that Nagles movements were lik 9 lightning, and so deadly was his ai, f that Terry sank to the floor and gave h; e last gasp before the smoke of the powde ,. cleared away or the pistol could be II , Ir,1o s,,% chol
 l, Nagle, who had been commissioned 1 l. guard Justice Field at any hazard, m, e him at Los Angeles, and the two travele ? in the same car. Nagle learned at mi,
 night that Terry and his wife got on tt x train at Fresno and tried, though unsu lcessfully, to secure berths in the same c,
 with Field. They had totake section
 the next car behind. At Lathrop most - the passengers got out. Field and Nag = were among those who went to the eatin, n room. They took seats at atable near u :. door. Terry was seen to leave the O |slowly, accompanied by his wife. The tv 7. entered the restaurant and took seats at
 Itable about twenty-five feet from whe ;a Justice Field sat. Sarah Althea was tl h, first to discover Field. She pointed hi out to her husband They exchang' al words in low tones and Mrs. Terry got | lnf and left the dining room. Stackpole, ol : of the proprietors of the hotel, was stan s- ing in the doorway. He observed MI s. Terry leave the room, and also took no : of the threatening look which she cas l. He walked in to where Judge Terry S $ and asked him why his wife had left t : table.
 Id ssJudge Field is here," observed M at Stackpole. s'Do you think your wi ] would be so indiscreet as to cause tro )x ble?"
 ng "Why do you ask that question ?" ss les Terry.
 Il "Because I do not wish to have trout nd here,'' was the answer.
 ap s.I don't know, said Judge Terry, qui
 fly, and then he added, significant - "There might be trouble,"
 psI This alarmed MT. Stackpole, and { walked back to the door, determined lwatch Mrs. Terry when she returned. ", soon as Stackpole turned his back, Te,
 walked slowly around behind the table ' which Justice Field sat eating. Tho s, who saw him supposed that he was goi ." after his wife. He halted just back . Fields chair and deliberately slapped {
 justice's face with the palm of his har
 the blow resounding through the lar room, in which were about 100 people 6 = ing, many of them eastern tourists. z
 looked up in surprise, to see the huge fo,