Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-15


second blow. That menacing gesture was the
last act Of his life. Quick as . flash Maggie drew
his pistol and sent ball threw his heart A
great commotion then arose in the dining hall
and on the platform. Mira Terry ran about
from the train 10 the dining hall door, franti-
cally demanding her satchel which some one
had taken from her. She then stormed about
the door, demanding entrance and charging
those who had barred her out with shielding
murderers. I happen to know that the deputy
marshal was acting under direct written in
structions from the attorney general to protect
the persons Of Judge Fields and Sawyer at all
hazards. In conservation with me before,
Justice Field had said he was not responsible
for the constant attendance Of the deputy and
was rather annoyed at it, but the officer in
sisted upon carrying out his instructions to the
letter.
JUSTICE FIELD TOLD ME HE WAS NOT ARMED,
he was frequently urged to arm himself but
would never do so and had declared that when
1t becomes necessary for q justice of the
performance Of his duty carrying fire arms
with which to protect his person. il would be
time to abolish the courts.
| when Mr.. and Mrs. Terry entered the res
taurant and took seats Mrs. Terry recognized
| Justice Field almost instantly and at once left
the room. going to the sleeping coach and re-
turning again toward the dining room with q
satchel in her hand. She was met at the door
| by the proprietor. who knew all the parties,
| and refused her admission. Mrs. Terry's satchel
when examined was found to contain q re-
| volver."
Attorney General Miller Interviewed.
Attorney General Miller was found at his
home in Indianapolis last night and asked con-
corning the command which he was quoted
as having made to the marshal at San Fran
| cisco.
1T was given out" said he, "under my di-
rection. In June, think it was, Justice Field,
and believe some others, brought to my mind
the case, referring to the trouble there had
been out there last summer, and saying there
would likely be trouble again this summer.
There was danger that Judge Terry who was
stated to be violent and desperate man, would
very likely make deadly assault upon Judge
Field and Judge Sawyer, one or both of them,
and that some precautions ought to be taken
In the premises. / therefore called the atten-
statements and told him that it was due to the
country and courts that precautions should be
taken to keep the peace and
PROTECT THE COURTS AND JUDGES
in the discharge of their duties, and that such
number of court officers should be employed
as would accomplish this result; that the judges
ought to be permitted to discharge their duties
without danger and without malice. also in
structed him to consult the United States at
torney and the judges as to the course to be
pursued IN the premises. In talk with Justice
Field about the matter before he went west he
stated that while he did not fear Judge Terry
he did expect that the latter would assault him,
make deadly assault upon him. as well as
Judge Sawyer, when that case should come on
But he proposed, as he knew Judge Sawyer
would To perform his duties the usual way
without regard to consequences He stated to
me at the time that be had been advised to
arm himself, with the view to such conting-
ency. but that on reflection he had concluded
not to do so, as he had not been wont to carry
weapons and did not think it consistent with
the dignity and propriety of his position"
Were you surprised to hear of this affair to-
day. the Attorney General was asked.
Yes, was; for while l had been warned
not SO great as reported. and beside, l had ex-
pected that il any trouble occurred it would
arise in or about the courts"
Terry's Body at Stockton.
The coroner arrivedat Stockton, Cal, at IL. 40
yesterday with Terry's body in a box covered
with white cloth. Mrs. Terry rode in the e1-
press car with the remains accompanied by
several friends Of the deceased. When the body
was taken off the car she followed and rode
with it in, an express wagon to the morgue. She
was distressed ana said it was most cowardly
murder of an unarmed man.
An inquest will be held at once. Deputy
Constable Walker of Lathrop. When the over
land train left Lathrop after the shooting,
Constable Walker got In the and arrested
Maggie. He rode with him to Tracy and there
took buggy to Stockton to avoid the crowds
When Maggie reached the Jail he alighted from
the buggy and came in with his coat covering
his handcuffed hands. Maggie refused to be in
terviewed. He said:
Il am deputy United States marshal and
simply did my duty as an officer"
Iio uas cla6 Inv, oil
for the local attorney. Maggie was very cool.
but looked pale and determined.
David 5. Terry's Stormy Career.
David s. Terry's violent death is on a par
with his stormy life. He was a native of the
south, and early became an orphan. He went
to Texas while still young man and Joined in
the war of that state for independence from
Mexico. He afterward read law and was ad-
mitted to the bar. He went to California dur
ing the gold days and plunged into politics al
most before he knew the names of the coun-
ties. He was elected chief justice Of the
supreme court Of California at the age of
thirty-three. His place was no sinecure. He
was opposed to the vigilantes, who practically
ruled the state at the time, and was active in
seeking their downfall In August 1856, Terry
stabbed Sterling A. Hopkins, one of the vigil
Maloney. The vigilantes became greatly in
censed. They arrested Terry and kept him in
close confinement until September.
Everybody anticipated that he would be
hanged. His discharge was offered him if he
would resign his place, but he defied the vigil
lantes, despite the entreaties of his wife. and
issued an address to the people of California,
in which he declared that he would never leave
his prison alive except in the place to which
they had elected him.
DAVID d. BRoDERICK WAS TERRY's EQUAL
in courage. He went to California from WASH
ington. and the two, after being friends, became
bitter enemies. Broderick, in 1885, was elected
United States Senator for six years. Terry
soon became enbittered against Broderick be-
cause he had failed to secure denomination
for the chief justiceship. At the Lecompton
democratic state convention, held at Sacra-
mento in 1859, he let loose his wrath aud de-
nounced Frederick in the strongest terms. He
called him an arch traitor and said that if he
was the follower Of any Douglass, it was the
BLACK Douglass, whose name is Frederick, not
Stephen"
Broderick was eating breakfast at the Inter-
national hotel when he read Terry's remarks in
a newspaper. There were several ladies in the
room, and with one Of these d. w. Perley q
prominent lawyer, was conversing. Broderick
leaned across the table and said to him: Il see
that Terry has been abusing me. / now take
back the remark that once made, that he is
! the only honest judge on the supreme bench.
Il was his friand w ha in, raad 80 o.;