The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-08-15

oInclai though only met him twice while
thai nbmay i.om Los Angeles. lie asked me in
accompanied me, taking a seat i'm the
sleeper opposite me. We heard this morn
ing that Judge Terry and his wife were on
JT JNe train, but paid no attention to it.
W. nen we arrived at Lathrop. We entered
the eatlng-station to get breakfast. / took
seat at the end of the table, while Nagle
sat on one side of me. Terry and his wife
caliie i IN the room soon after AS soon as
sHe saw me she went out Of the room, as /
her satchel
Judge Terry arose and supposed he in
tended accompanying her. Instead of do
lng SO he walked back of me and struck me
neayy slap In the face. | was completely
ISeauy TO strike again, Nagle cried out,
ot1p' STOP but Terry did not desist, and,
as lie was raising his arm a second time,
NTagle shot at him, the bullet entering his
neart He fell to the floor. Nagle shooting
second time. but missing him. Nagle was
arrested at Tracy and taken to Stockton to
await the result of the inquest. That is the
complete story, SO far as / am aware of the
iaStS SAID ne In conclusion.
:. PROJECTION was accorded to Justice Field,
1t is claimed, by authority of United States
Attorney general Miller, who telegraphed
from Washington to the marshal of the
49istrict to-. see that the person of
sus ba,ara fieF6 oras was prohtecdted at
Judge Sawyer, of the United States Circuit
Court, III this city, upon whom Mrs. Terry
mace personal assault last year while on
a q railway, train, accompanied by Judge
and upon threats declared to have been
made openly by Terry against Justice
Field. Deputy Marshal Nagle was directed
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 Terry as the latter was about to
strike a second time.
Justice Field left the Overland train at
the 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 to have
been sent by the district attorney of San
Joaquin. If forwarded in form, was not
carried out.
The following facts were submitted to
Justice Field this afternoon. and declared
Dy him TO be correct statement of the
elrcumstauces that led up to the shooting
county jail ne threatened, upon his re-
lease, to take the lives of Judges Field and
Sawyer. Prior to the contempt of court
TOR which he was in prison, Mrs. Terry, in
nn 6s ppGss had made 1n.n an assault
1t is believed that had Sawyer resisted
the insult Terry would have killed him.
Ierry's threats were so publicly made that
they reachee the ears of Justice Fields
colleagues on the Supreme Bench, and were
made known to the Department. of Justice
in Washington, whereupon Mr.. Miller, at.
torney-general of the United States, head
of the Department of Justice and as the
superior of United States Marshal Franks,
ordered the latter to take whatever
measures were necessary to protect the
persons of Justice Field and Judge Sawyer
from assault by Judge Terry. On his arri-
val In California to hold court in this part
ing put under the protection of the mar
shaFs officers. When asked if he intended
to carry arms to defend himself, he said:
NO; do not and will not carry arms for
when when it is oolSSn, know, that judges of
selves for defense of assaults offered in
consequence of their judidial action, it will
be time to dissolve the courts, consider the
government failure and let society lapse
into barbarism." Notwithstanding his OBJ
lection to protection the marshal declared
himself subject to the order of his superior
officer, Attorney general Miller, and depu-
tlzed Mr.: Nagle to keep within reach of
Justice Field. ready to carry out the orders
of the Department of Justice.
a passenger, who was on the train at La.
! throp. says that when he heard the shoot
ing he rushed out of the car and saw Mrs.
Terry with satchel in her hand. She was
trying to open it, and he took it from her.
She tried to get it again. but failed. When
the esatchel was afterward opened pistol
was found in it.
David Nagle. the deputy United States
marshal. who killed Terry: is well known
III this city. In the latter part of the
seventies he went to Arizona, and in 1881
received an appointment as chief of police of
Tombstone. While in that position he had
| frequent encounters with the criminal ele-
ment, and. by his behavior, soon earned
the reputation of being man of courage
| He shot and killed a Mexican desperado, in
| Tombstone, after fierce encounter. He
was appointed deputy marshal here year
ago. and when Terry made the assault on
| Marshal Franks. last September, Magic dis
| intended doing Judge Field som@ @injury
| when they met. caused Nagle to be detailed
to act as q body guard to him when he
came to this coast a few months ago. Magic
| is about thirty-tive years of age and has a
wife and family in this city.
| Story of an Eye Witness.
| SAN Francisco, Aug. IA. Among the