River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1889-08-22
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Deputy Marshal NagIe Tells the Story Of
Terry's Killing. and Gives His Excuse
for His Action-Be Is Transferred to
Federal Custody-The Question OfJuris-
diction to BE Argued on Thursday.
SAN Francisco. Aug. 1a.-Deputy Mar
shall Maggie. who shot and killed David S
Terry at Lathrop last Wednesday, was re-
moved from Jail at Stockton by Sheriff Gun
bingham an hour before daylight Saturday
morning and brought to this city on a spe-
cial train. This proceeding vas based upon
4 writ Of habeas corpus issued ~ Judge
Sawyer, of the United States Circuit Court,
Friday directing Sheriff Cunningham to
produce Maggie in the Circuit Court at II
o'clock Saturday morning
Nagle was taken from the Stockton Jail az
an early hour in order to avoid the excite
ment which his removal during the day
might have occasioned. 4 great number
of persons were present in the circuit
courtroom when Maggie appeared AttOr-
ney Mcguire introduced District Attorney
White, of San joaquin County. and said
they appeared conformity TO oppose the re-
lease Of Maggie by the Federal authorities.
The attorney, after reading papers con-
neeted with the proceedings, entered a
general protest to the order of the court.
claiming that it was beyond the juris-
diction of the Federal courts TO
take from the custody of the
State officials person who had been ar
rested for the commission of a crime within
the States jurisdiction and against the
state laws. If the court please, =" said At
torney Mcguire. I'VE desire formally TO
protest against any requirements of
the court 10 the sheriff of San
Joaquin County to bring = person held
on a writ of haheas corpus The prisoner,
however, has been brought into court out
of Difference TO the court bv the sheriff.
and the sheriff now presents lis return 70
the writ" the attorney then proceeded
to read the written return We
shall take the position on behalf Of
the people of the State of Cali
fornia," he said, that Mr. Nagle Is in
the custody of the State authorities.
and the Federal courts have no jurisdiction
to take a prisoner from the custody of the
State officials The objection gives rise TO
a very important question which we are not
at present prepared to argue" Judge Saw
yer said:
1T does present very important question.
The claim on the part Of the prisoner is that
the acts complained OF were committed ip the
performance OF q duty under the laws Of the
United States, aud by reason OF that be has
been brought within the jurisdiction OF this
court. We recognize the necessity OF your be-
ing thoroughly prepared for argument and
probably for ascertaining facts. II perhaps
might be as well TO postpone the matter for q
week to give counsel an opportunity to decide
what is the proper course to pursue"
After comforting the lawyers decided
that they would be ready to argue the
questions raised next Thursday and a hear
ing was set for that date Deputy Maggie
was returned TO Jail under the custody of
the sheriff.
despatch was received here Friday by
United States Attorney Carey from the De
partment of Justice at Washington in
structing him on behalf of the United States
Gov S-rment to assume the defense of Dep
uty Marshal Nagle who shot Judge Terry
last Wednesday.
Nagle talked freely with intimate &C
quaintances about the shooting. To one he
said:
trouble You all know how Terry has been
making threats against Justice Fields life.
Coming back l staid up passing Fresno. for
thought Judge Terry might board the train
there, and he did so with his wife. stood out
side of the platform and they passed within six
inches OF me. Sarah had the hand sachel in
which she always carried her pistol and
knew there would be trouble before we got
home, so / went in aud told the Judge that
Terry had come on board You know all the
rest about how Terry strobe into the restau-
rant when we we're at breakfast. Field had
his back 10 him and was sitting so ] could see
every one that came into the room.
Terry walked right up behind the old man
and slapped him, ana as he did so jumped up
and said: Here, stop that; I'm an ofieer
OF the law I had not time 10 say much, for
Terry meant business and struck the
Judge again, and was going for his knife
when let him have it, The whole thing was
over in couple OF seconds, and I only did
my duty. You all know what Terry was.
He was twenty years an older man than
me- but II I'd got 10 close quarters with
him he could bend me in two. l saw
him some months ago down in the United
States Circuit Court when he drew his bowie
knife on The marshal that arrested his wife for
insulting Field, ard six OF them could not hold
him down. a couple of them had six-shooters
at his head, but taat did not stop him.
Everyone knows that you couldn't bluff
Terry with pistol any more than mad Ill.
Away back in Vigilant days when Hopkins
tried to arrest him and scare him with SIX
shooter didn't ne whip out his bowie and let
Hopkins have u right in the neck and
it was a closer call than I'd want II isn't
long ago since Terry testified on oath that he
always carried a bowie and he had one the
other morning in his breast, where he
and he was dangerous man with knife be
cause he was so strong and active for his size.
NOW they say ought TO have tried TO stop
Terry from assaulting Field without shooting
him Suppose I'd been sucker enough
to have fooled with man like that,
and while he had his hand actually
on his knife, what do you think would
have happened? I'd have looked nice
coming back as an escort TO a dead Justice OF
the Supreme Court. What kind of reception
do you suppose I'd have got il brought Justice
Field back dead. might well 60 and jump
of the dock at once. I'm satisfied that Terry
was there to kill Field # he moved muscle
and how could man sit still, no matter how
old he is, and have his face slapped in the
presence of a room full of people When spoke
TO Terry tn stop he paid no more attention
than il a child had spoken, and II had hest
tated there would have been a different ending
to the affair. 1 m sorry for the old man. But
it was my duty and had TO do it
Some one asked about Sarah Altbea's
statement that Terry was unarmed Nagle
smiled and said:
Terry was armed right enough. He had his
knife with him when he dropped, but Sarah
took IL. Every one in the room was too sur
prised, guess, 10 notice her actions, sIt / saw
her as she put her arms around Terry take the
knife. Before the shooting she went back her
self TO the train TO get her sachel so as TO have
a pistol handy II necessary. Well it's all over
now, and I'd have to do the same thing again,
for l did only my duty.
san Francisco Aug. 19-The Supreme
Court of California last July reversed the
decision in the SharOn-Hill-TeTrY divorce
case and remanded the case for new trial.
Mrs Terry, before the Supreme Court ap-
piled for a rehearing to have the order for
a new trial set aside. The application was
refused Friday by the Supreme Court