Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-09-06
THE TERRY KILLING.
OFFICIAL LETTER AUTHORIZING PRO-
LECTION TO JUSTICE FIELD
Introduced In Hearing the Habeas Corpus
Case Against Deputy-Marshai Ma
gle--scencs on the Train.
Try t.larrnnh to The plspp,eh.l

WAsHrxGroy, September 5.-The fol-
/ lowing is the letter from Attorney Gene
raj Miller 10 Marshal Franks, OF Califor-
MIA, authorizing him 10 protect Justice
/ Field and Judge Sawyer from assault by
Judge Terry or vile, which was intro
duced yesterday IN the hearing OF the
case against Deputy Marshal Maggie
WAsBIyGroS. d. C.. April q. isea.
/ TO John H. franks, United States Aarshai, san
I Francisco:
Slr,-The proceedings which have heretofore
/ been had "a connection WIN the case OF M. IN.
/ Mrs TORY In your United states Circuit Court
/ hnvo becOme matter OF pubic notice ana
/ deem II my duty 20 call your attention 70 Tue
/ proprioty q cLcrrieuR unnsual chlu0n, III case
I further proceedings shall be had Ia that cast"
/ for the prOto-ii0n - hrs Honor Justice tieia ''
whoever may be called uUOn 20 hear ana dettr-
/ mine the matter. Of course DO not know Whtl
may be tho feeling or purpose 81 nj.
aud Mr. rorTy Ia the promises, pu'
many things which have happened in
/ 1icafa that violence gu their part may
! cot DO Impossible. II "a due 10 the dignity and
/ in1erendcnce Ct The Court aud tho character o.
! - judges. that no effort on the part ~ mo ho'
! or1imcnt shsll be spared 70 make them ioel en-
| TROY safe aud froe from anxiety IN inc u.s.
/ charge Of their high duties.
You will undcfs,snd. - course. that this letter
/ " not for The public, but - put yon on your
guard. Il will be proper for you % show II %
he.District Attorney II deemed best. Yours
/ truly, w II. II. MILtER.
Attorney General
Subsequently Marshal Franks asked
and was granted permission to employ
special deputies to protect the Judges.
In his official report to the department,
under date Of August Dist, Marshal
Franks says that in obedience to the in
structions of the department he had ex-
/ ercised the utmost caution for the pro
lection OF Justice Field and Judge Saw
yer from violence by ID. ). Terry and
wife. OF the assault in the DINING
room at Latbrop, Marshal Franks says
that Terry struck Justice Field twice
before Deputy-Marshal Maggie inter
/ fcrcd.
Hc continues Terry was a man OF
very large physique and OF great
| strength. His passions were apparently
| beyond his own control and he was most
ready with the knife, weapon which he
himself declared he had babitually car
ricd Tor thirty years. Maggie Is a man OF
slight build, and he well knew Terry s
violent character and skill with weapons
When he saw good reason to believe
that Terry, SO far from being
deferred by bis official warning to
Stop was desperately determined 70
take the life Of Justice Field and his
| (Nagles) own life, Nagle prevented It IN
the only way any reasonable person con
versant with the facts viii pretend ne
could have done. IT will be clearly
| shown that there were not two seconds
between Justice Fields life and the shot
from Nagle's pistol that saved II.
Accompanying the report are num-
her of exhibits containing information IN
connection with the tragedy and subse-
quent proceedings One OF them IS n
pamphlet giving az account OF the CON
temp; proceedings before Judge Sawyer
in September, lSS,, whore Marshal
| Franks SAYS Terry desperately resist
cd my officers, 1ourishing his knife and
endoavoring to DO violence, notwith-
standing the pistol OF Deputy IagGnrt
was leyeled at his head. lie was then
oyerpowcred by "a number OF men. At
Latlrop he had every advantage and
was on the point Of completing ms dcs-
peratc enterprise with only Naglc and
Justice Field to oppose him.
Another exhibit - Judge Sawyers
narration OF the facts attending a gross
insult TO him by Mrs. Terry on the
train between Los Angeles and
san Francisco August If, 1885,
while in company with her husband,
which has been greatly exaggerated by
Mrs. Terry's accounts of it. The Judge
says Mrs. Terry merely twitched his hair
where it was short as she passed him IN
the aisle of the car. He hardly felt IT,
and no ono but himself Mr.. and Mrs.
/ Terry, and Mr.. Cowles noticed the
action. Later on the trip. the Judge says,
Mrs. Terry contemplated an assault upon
him with her parasol, but was prevented
from attempting 1t by the presence and
| attitude Of the two passengers 10 whom
Judge Sawyer bad spoken Of the HAIR
pulling incident, and requested them to
observe the future actions Of the IcrFys
closely. In subsequent letter to Depu-
tv-Marshal Franks he denies the state
ments of certain papers that Maggie was
the "killer of the border-ruifian type,
and asserts that his reputation was that
Of n peacoable, law abiding man, but OF
much courage, which had been proved
on several occasions.
IL COURT.
SAN FRANCIscO, September G.-When
the case Of Deputy-Marshal Magic was
resumed in the Federal Cont several
witnesses who had known Judge Terry
for wears were examined. and their gene
ral statements were to the effect that
Judge Terry had never been III the habit
of making idle threats and was regarded
as a dangerous man when his passion
vas aroused.
Several witnesses also detailed the oc-
currences in the railroad diningroom at
Lothrop, where Judge Terry was shot
by Maggie.
Justice Field was examined briefly.
He detailed number of occurrences pre-
vious to the killing of Judge Terry, IN
GLIDING the decision he had rendered
against Mrs. Terry year ago and tho
affair in the courtroom at that time,
which resulted in Judge Terry and his
wife being imprisoned for contempt.
In relation to the tragedy at I4athrop
last month he said: deputy Marshal
Nacle and myself entered the dining
room at Lnthrop for breakfast, and soon
after taking our seats Judge Terry and
his wife, who were on the same train,
also entt red the room, and o. they passed
down the aisle Mrs Terry glanced nj mo
for a moment and then turned about and
left 1.-THE place. Judge Terry seated himself
hnt arose Immediately and came towards
me. Before realizing what lac intended
to DO felt Il powerful blow on nay
check. l turned around, aud saw Terry,
of giant frame, towering over me with
his clcnohed fist appraised. l then heard
Naglo say, stop that, | I'm an officer.
I then heard two pistol-shots in dnick
succession, and saw Terry fall to the
floor. | was dazed for the moment, but
soon realized that Terry had received a
death wound, and arose and left tho
room"
Justice Field, in response 10 questions.
expessed an opinion that if Nagle had
not shot Terry he Cield) would have
been dead within the next five seconds
II III Aha aVpraseiop of Terry a face