The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-08-15
resume bis duties on the bench, return.
ing To this city six weeks ago.
THE APPAIp pRpntrTPD

Moulu ue HulCk 70 resent hu htthCk lTOu
Terry, and knowing II could only result
fatally TO one or the other, in view OF tht
lRtter's record, II Terry had intended
10 provoke Justice Field and draw {
weapon before the latter could turn, Is
OF course, not known, as Deputy Nagle
who sat opposite, prevented this BY
firing, resulting In the instant death o.
Terry. Chief Of Police Crowley received
q dispatch from Sheriff Cunningham, o.
stockton, 10 arrest Judge Field and
Deputy Marshal Npgle on the arrival o.
the train at Oakland, Captain Lees al
once left for Oakland and will take them
into custody, unless they leave the train
at some point along the road.
TRRRY's LIPE.
David S, Terry was born in Todd
county, in 1928, Heseryed in the Texas
army under Sam Houston. He came tc
California in ls49, and settled in Calya
ras county, In 1855 he was elected JUS
tice OF the Supreme Court OF California
on the native. American ticket, and upon
the death OF Chief Justice Murray, In
1857, Judge Terry became Chiei Justice,
He was opposed TO the vigilance com
mittee Of 1866, and stabbed one OF the
members Of the committee who had at.
tempted TO arrest A. Maloney, a friend
Of Terry. Terry was held by the vigi-
lantes, but was afterwards released. He
killed Senator Broderick In 1859 as a re-
suit OF political differences, Terry be.
longing TO what was known as the chiv-
airy wing Of the Democratic party. In
1880 Terry was defeated as a Hancock
electol, although his associates were
elected. September s, 1883, he was sent
10 jail for six months for contempt OF
court by Justice Field,
The Southern Overland train arrived
at the Sixteenth street station In Oak.
land shortly after II o'clock this morn.
ing. Great crowds collected, telegraphic
intelligence Of the Lathrop tragedy hay-
ing preceded the arrival OF the train, and
the sleeping car In which Justice Field
was sitting was at once besieged by
United States officials and newspaper
men.
JUDGE YIELD TELLS THR STORY.
Justice Field maintained his quiet de-
meanor and replied to press represen.
tatiye when, asked to narrate the par
ticulars Of the shooting, as follows: ~
can tell you the story In a few words,
For TIE last few months all manner OF
reports, both public and personal, have
reached me that Judge Terry had threat
ened 10 subject me 10 some form OF In.
dignity II he should happen to meet
me. This fact caused the United States
Marshal to decide to provide such pro-
lection as he could during my stay In
this State. When / started for Los
Angeles, 10 hold court, Deputy
Nagle accompanied me. He seemed to
be a Quiet, gentlemanly officer, though
| only met him twice while away from
Los Angeles. He asked inc in that city
when l INTENDED to return, and accom-
panied me, taking a seat in the sleeping
cur opposite me. We learned this morn.
ing that Judge Terry and his wife were
on tue train, but paid no attention to the
fact. When we arrived at Lathrop we
entered the eating saloon to get break
fast. i took a 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
afterwards learned, returning 10 the
car for her satchel. Judge Terry rose
aud l supposed he intended accompany.
ing her. Instead OF doing so, ho walked
back oil me and struck me heavy SLAP
on the face. was completely aston
ished, and seeing he was making ready
to strike again, Nagle cried out; Stop
Stopr But Terry did not desist, and ai
be was raising hiS arm a second time
Nagle shot at him, the bullet entering
his heart. He fell to the floor, Nagle
shooting a second time, but the second
shot did not strike him. Deputy Nagle
was arrested at Tracey and taken tC
Stockton to await the result Of the In
quest. That is the complete story, &C
far as l am aware Of the facts" said the
Justice in conclusion.
Protection was accorded 10 Justice
Fields. 1t Is claimed, by authority o.
United States Attorney General Miller
who telegraphed from Washington "a
the Marshal Of the District to see thai
the person Of the Justice was protected
at any hazard.
TERRY's BODY AT STOCKTON.
+, A dispatch from Stockton says: ThC
coroner arrived here at 1910 to-day
with Terry's body in a box coverOt
with white cloth. Mrs. Terry rodt
In the express car with the re
mains, accompanied by several friend
Of the deceased. She was distressed
and said II was most cowardly murde
Of an unarmed man. An inquest vii
be held tonight. Deputy Marshal Nagl,
was brought here in q buggy by Constabl,
Walker, OF Lathrop, at 1:30. When Ma
gle reached the jail he allghted from th'
buggy and came in with his coat cover
ing his handCuaed hands. Nagle refused
to be interviewed. Hesaid "lam Deput.
United States Marshal and simply die
my duty as IN officer" He was locket
up alone, and soon after sent for tn
local attorney. Nagle was very cool bu
looked pale and determined, He
about 35 years Of age, and hasa vile AM
| family In San Francisco.