The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-08-15
TERRY'S RACE RUN
The Celebrated California Judge Shot
Through the Heart by
Marshal.
An Attack Upon Justice Field in a Ho-
tel the Cause of His
Killing.
The Marshal now Under Arrest-Statemep
of Field and OF Eye Witnesses OF
the Affair.

David ;, Terry was shot and killed b
Deputy United States Marshal Davi,
Nagle at the breakfast table IN the Depo
hotel 1t Lathrop this morning. Upol
the arrival of the southern overIan,
train here at 7:2O this morning, United
states supreme Judge Stephen J. Field auS
Deputy Marshal David Nagle walked into
the depot diningroOm for breakfast and sa
down side by side. Soon after ex
Judge David ) Terry and wife came il
also. They proceeded 20 another table
Mrs. Terry. evidently recognizing Justice
Field, did not SIT down, but retired TO the
train for some unknown purpose. Before
reaching u, however, and as soon as she
had left the dining room. Judge Terry ap-
preached Justice Field. STOPPING over hin
and gently slapping his face once. At this
juncture Deputy Mashal Maggie arose from
mis- seat and shot Judge Terry, apparently
through the heart. As be was falling the
deputy marshal shot again. but missed
him, the bullet going through the fioor
Both shots were fired in quick succession.
Judge Terry had hardly fallen when Mrs
Terry rushed 20 the side of mis- body, threw
herself upon it, and then ensued a scene of
the widest excitement People rushed
from the dining TOOm and others rushed
in. During this time Justice Field and
Deputy Marshal Nagle Tetreated To the
sleeping car and were securely locked in.
Before the train pulled out Constable
Walker entered the sleeper and was car
ried away on board the train. He in
formed the spectators that be knew his
duty and would perform il. During the
time the train WAS standing at the depot
Mrs. Terry was running alternately
from the body of her husband 10 the
sleeper, demanding admittance that she
might slap Justice Fields face, and 81 the
same time begging that they be detained
and have their examination here. Previous
to the entrance OF Constable Walker into
the sleeper Sheriff PurYiS and a deputy of
Stanislaus county .hRd already taken
charge OF Deputy United States Marshal
Nagle.
After the shooting Deputy United States
Marshal Nagle backed up against the wall
OF the dining room, and warned every one
not TO modest him, saying that ne was A
United States ofncer IN the discharge of
MS duty. There was no semblance OF an
attempt TO modest him at any time. Con-
stable Walker took Deputy Nagle from the
train at Tracy and proceeded with him to
stockton, where he is now in Jail States
Attorney White has ordered the arrest of
Justice Field upon his arrival in San Fran
cisco. and has telegraphed the order TO the
sheriff of San Francisco.
News OF the shooting caused intense
excitement here. Mrs. Terry was formerly
Sarah Althea Hill, who through long lit
cation claimed to be the wife of ex-senator
Sharon. Terry was her attorney. Judge
# AFlu hHLAuEA EAr Was not GUATDufE
wife. Sarah denounced Field ia open
court as corrupt Field ordered her
from the court. Terry drew a
knife in her defense and both were then
sent 70 jail for six months for contempt OF
court This was IN September last, and
to-day was TeTry's hrst meeting with
Field since his release. That there would
be killing when they met was generally
believed, owing 10 Terry's record. He
;sme 70 California in 1S49 In 1856 he
Rhsah Of
ee and came near being strung up. In
1859 he killed Senator BrOGerick as the re-
'ult OF political differences.
Chief OF Police Crowley received dis
patch from Sheriff Cunningham. OF Stock
on. 70 arrest Judge Field and Deputy Mar
hal Nagle on the arrival of the train At
oakland. Capt Lees at once left for Oak
and ana will take them into custody un-
ess they leave the train al some point |
Along the road.
JUSTICE FIELDS STATEMENT.
Justice Field was seen BY an Associated |
'ress reporter on his arrival here at noon. |
1e said tnat for the last two months all \
Orts of reports have reached him that 4
Iudge Terry had threatened 70 subject him
o some form of Indignity should he meet Il
I'M. This fact caused the United States Il
MARSHAL 10 decide 70 provide such prOtec-
Ion as be could during Justice Fields stay Il
\ the state. "At the LathrOp eating L
louse this morning." said Justice Field. |
I took seat al the end OF the table, while /
sgie sat at one side Of me. Terry and /
Is soon as Mrs. Terry saw |
ne she went out OF the room. as Il
afterwards learned, returning 10 |
be car for her satcheL Judge Terry arose /
nd | supposed ne intended 70 accompany /
ct. Instead of doing so he walked back /
{ me and struck me a heavy slap in the /
ace i WAS completely astOnished, As
e was making ready 70 strike again, Dep
" Marshal NGgle cried stop ''stOpr' Il
nd As he was raising his arm a second /
ime, Nagle shot at him, the bullet enter
lg the heart. That is ali | know Of the
natter" said the justice In conclusion.
Protection was accorded TO Justice Field Il
Is clalmed, by authority of Attorney Il
leneral Miller, who instructed the mar
hal of the district 70 see that the persons
{ Justice Field and Circuit Court Judge /
awyer were protected Mrs. Terry, il Il
I'LL be remembered, made a personal as
rder for protection was based upon this Il
act, and upon the threats declared 20 have Il
cen made openly by Terry against Justice Il
'ield. The latter has not been arrested
nd the notice which, il was said, was sent
D 10 that effect by the district a tOrney of /
an joaquin, II in that form, was not car
led out.
AN EYE WITNESS STORY.
Among the passengers on the Overland
rain, this morning, was Col. II. G. Otis,
ditOr OF the Los Angeles Times. He was
tanding outside of the depot dining room
{ LathrOp when the shooting Of Judge
Ferry occurred, and was 1t the scene Of
he tragedy moment later. In an inter
lew h. said. 'fIhe train arrived at Lath- |
Op at I:lO a M Justice Field was among
be first of the passengers To enter the din
ng room. He took a seat az table facing /
he door. United States Deputy Marshal
Nsgle sat by his side. Soon after they sat
own, Jadge Terry and his wife entered Il
he room. When Mrs. Terry saw Justice Il
field she turned and nurriedly went out OF
be room 70 the train. the suppOsitiOn being
hat she went after pistol or a bottle OF 4
1triol. Terry sat down az table further
ID the dining room, and while waiting 10 Il
II served glared az Field. Presently he Il
rose and walked over % the latter's chair. i
udge Field was leaning over his plate and Il
Without word OF warning dealt him 9
low on the side Of the face. At that Il
1stant NaRle cried, Hold, hands Of that
IAN" Justice Field looked up and as be
icture of incarnate hatred as that depicted
pom Ierry's face. Terry did not heed the
lsrshaFs warning and raised his cIenched
81 70 deliver second blow. That menac-
I his life. Quick a. assh
agle drew HE pistol and sent a bullet
trough his heart. and then anotnsr not
yer an inch from where the FIRST had
-IllA ulllls a EItEA EDluuInNlUu Lfle0 arose i
the dining hall ana On the platform out
de- Mrs. Terry ran about from the train |
the dining hall door, frantically demand
" her satehel, which some one had taken |
ON her. She then stOrTDed the door. de- /
anding entrance and charging hose who |
AIRED her out with shielding murderers- 4 |
Appe1ed 70 know that the deputy marshal
as acting under direct written |
structions from the RttOrney-general 20
rotect the persons OF Judges Field and |
swyer az all hazards This order was
ade in consequence OF the frequent |
treats which Terry had made against the
yes Of these two judges. In conversation
ttb me Justice Field said he was not re-
)onsiDle for the constant attendance Of |
le deputy, and was rather annoyed at n. |
e did not want bodygArd, |
1t the ofhcer insisted upon carving
It his Instructions 20 the letter
e went on the same train with the los
&C 70 Los Angeles, and had faithfully |
1arded his person up 20 the moment OF
le tragedy He WAS In the faithful dis
barge OF bis sworn duty when be killed
cry. Justice Field told me lie was not
rmed- He said he had been frequently
rged 10 arm himself. but would never DO
}. and had declared that when IL becomes
acaasaFr for q fHEfice of the Truifad <f-faz |