Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1889-08-16

remain quiet, Justice Field directed that
she be removed from the court. When the
deputy attempted to carry out the order of
the court she became involved ina per-
sonal quarrel with that official, and Judge
Terry interferred, drawing dagger from
his vest. He was disarmed, and both
Terry and his wife were adjudge In con-
tempt and committed to jail. In the mean
time Justice Field went to Washington to
resume his duties on the bench, returning
to this city six weeks ago. News
paper articles were printed intimating
that it would be dangerous for
Justice Field and Judge Terry to meet per-
sonally, as it was thought the latter might
insult the former, while the fact was also
recognized that Justice Field would be
quick to resent an attack from Terry,
knowing it coald only result fatally to one
or the other, in view of the latter's record.
II Judge Terry had intended to provoke
Justice Field and draw a weapon before
the latter could turn, is of course not
known, as Deputy Nalle, who sat oppo-
site, prevented this by firing. re-
sulting in tie instant death Of
Terry. Chief Of Police Crowley received
q dispatch from Sheriff Cunningham,
OF Stockton to arrest Judge Fled and Deputy
Marshal Nagle on the arrival of the train
at Oakland. Captain Lees left for Oak
land and will take them into custody un-
less they leave the train at some point
along the road.
The Southern overland train arrived at
the Sixteenth street station in Oaklund,
shortly after II O'clock this morning. A
great crowd had assembled, telegraphic
intelligence of the Lathrop tragedy having
preceded the arrival of the train, and the
sleeping car In viii. b JUS i:e l Id as ST.
ting was at once beseiged by United States
officials and newspaper men. Justice Field
maintained his quiet demeanor and re-
piled to the press representative, who
asked him 10 narrate the particulars of the
shooting, as follows: II can tell you the
story in few words. For the last few
months all manner of reports, both public
and personal, have reached me that Judge
Terry had threatened to subject me to
some form of indignity if he happened to
meet me. This fact caused the United
States marshal to decide to provide such
protection as he could during my stay in
this state. When 1 started for Los
Angeles to hold court. Deputy Nagle ac-
companied me. He seemed to be a quiet,
geDtlemanly official, though 1 only met
him twice while away from Los Angeles.
He asked me in that city when intended
to return, and accompanied me. taking
seat in the sleeping car opposite to me-.
We heard this morning that Judge Terry
and his wife were on the train, but paid no
attention to the fact. When we arrived at
Lathrop we entered the eating house
station to get breakfast. I took seat at
the end Of the table, while Nagle sat on one
side Of me. Terry and his wife came in
the room soon after. AS soon as she saw me
she went out Of the room, as I afterwards
learned, returning. to thecar for her satcheI.
Judge Terry rose, and I supposed he in
tended accompanying her. Instead of
doing so. he walked back OF me and struck
me a heavy slap in the face. I was COM
pletely astonished, and seeing he was max
ing ready to strike again, Nagle cried out,
s'stop! stopv but Terry did not desist, and
as he was raising his arm the second time.
Nagle shot at him, the bullet entering his
heart He fell to the floor, Nagle shooting
q second time, but the second shot did not
strike him. Deputy Nagle was
arrested at Tracy and taken to
Stockton to await the result Of
the inquest That is complete story so
far as am aware Of the facts,n said the
justice in conclusion. Protection was &C.
corded to Justice Field, 1t is claimed by
authority Of United States Attorney Gem
eral Miller, who teleRraphed from Wash
ington to the marshal of the district to see
that the person of the justice was protected
at any hazard. An order was extended
also to Judge Sawyer Of the United States
circuit court in this city, upon whom Mrs.
Terry madea personal assault last year
while on railway train, accompanied by
Judge Terry. The order was based on this
fact, and upon threats declared to have
been made openly by Terry against JUS
tice Field. Deputy Marshal Nagle was di-
rected to accompany Justice Field, under
this order, and Is said to have given Judge
Terry full warning to stop when the latter
began his attack upon Justice Field and
fired at TOrrry rs the latter was about to
strike the second time. Justice Field left
on the overland train at Oakland ferry
and drove at once to the Palace hotel,
where he was Joined by his wife. He was
not arrested, and the notice to the chief Of
police claimed 70 have been sent by the
district attorney Of San Joaquin, If for.
8warded in that form, was not carried out.
Apasssenger who was on the train at
Lathr0p says that when he heard teh shoot
ing he rushed out Of the car and saw Mrs.
Terry with = sachel In her hand. She was
trying TO open 4, and he took Il from her.,
She tried to gain possession Of it again, but
failed. When the sachel was opened after