New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-15
DAVID S. TERRY KILLED,
SHOT BY A UNITED STATES DEPUTY MAR
SIlAL.
AsSAULT1NG ASSOCIATE JUSTICE FIELD AT A
RAILWAY STATIoN-AN ORDER FROM THE
MARSHAL DISREGARDED - ALLEGED
PLOT OF SARAH ALTHEA TO MUIR
DER THE JUSTICE.
Try TELEGRAPH TO THE TEIBUxn.J

NNoA Of SARAH ALTHEA TO MUIR
DER THE JUSTICE.
fPY TELEGRAPH TO THE TEIBUNn.y
san francisco, Aug 14.-As great sensation
| as oah Francisco has known in many months was
caused tins morning by the receipt of news that
eA-Judge David S. Terry was shot down and in
si"hViy killed by David Nagle, Deputy United
o'a'es Marshal, while he was assaulting Associate
Jusuce Stephen j. Field, at the railroad eating
nouse III LAthrop, on the Southern Pacific Road
MS Is the elimination of the scenes of violence
tnat nave marked the Sharon divorce case 1t is
singular commentary on the lawess career of
Ierfy, whose hand has been against every man
III thls State since he first came here from Texas
III IolS, that no one be found to mourn his
uo"Al' ana PUBLIC opinion Is unanimous that if
.'"sio nau not shot Terry so promptly the aged
ASSOCIATE justice would have been murdered
Ierry's few friends here declare that the assault
upon Justice Field was due to the taunts of Sarah
Al'hea Hill, who has never ceased to ncite her
huSoahd TO violence since the decision which was
gwen against her by Justice Field in September.
1905 Ihe woman, who first gained notoriety By
her divorce suit against Senator Sharon, has un-
governable passions, and Terry's intmates assert
that She had an unfortunate influence over him.
Soon after he was placed in Alameda County Jail
'~Nt"9N VI tuc scene WHICH ne Ulduc IN
the United States Court in this city, Terry admit
ted that he in the wrong and
promised his friends, when he came out,
that he would not seek revenge on
Justice Field. But, if they hoped that his pas
slons were quieted they counted without the
influence Of Sarah Althea She constantly dwelt
on the wrongs they both had suffered until she
drove Terry half wild Finally, she arranged the
bot fba, tht oft
when Field held court and she was to shoot
Field in open court, and if she failed, then Terry
was to finish the work. In pursuance of this
plan, she kept a siX-shooter and bowie knife in
the satclml which she always carried during the
Sharon trial. and she was in search of this satchel
in the cars when Terry made his assault ON Justice
Field to-day. 1t was evident that the meeting
al the breakfast table in Lathrop suggested to her
that this would be a safer place to do the work
than the United States Courtroom in San Fran
cisco, and neither she nor Terry suspected that
the quiet-loolIing man who entered tae eatingroOm
with Justice Field and took seat opposite him
was David Nagle, man who is known all along
the coast as the terror Of evil-dOers; in Tomb
stone Arz., the slayer Of six desperadoeS who
resisted arrest in that lawlcss territory in the
seventies, and one of the quickest and deadlicst
pistol shots on the Coast In fact, Nagle has owed
his escape in many desperate affrays with cowboys
and horse-chieves in Arizona 10 his quickness
with the revolver, and no man ever yet got the
drop him.
In this case Terry never knew what hurt him.
as Nage had pulled his six-shooter and put two
bullets into him before any one could count five
The witnesses declare that Nagle's movements were
like Lightning, and SO deadly was his aim that
Terry sank to the floor and gave his last gasp
before the smoke of the powder cleared away or
the pistol could be replaced in the MarShaPs pocket
Nagle, who had been commissioned to guard
Justice Field at any hazard met him at Los
Angeles. and the two travelled in the same car
Nage learned last night at midnight that Terry
and his wife got the train at Fresno, and tried
though unsuccc>stully to secure berths IN the same
car with Field. They had to take section In
the next car behind. At 80 a. IN. the train
,,opped at IAthrop, san joaquin County, and
most of the passengers got out. Field and Naglc
were among those who went to the eating-room
They took seats at a table near the door. Terry
WIS seen TO leave the car slowly, accompanied 0y
his wife The two entered :he restaurant and
tool, seats at q table about twenty-five Ieet from
v,bere Justice Field sat Sarah Althea was the
first to discover Field. She pointed him out 10 h'r
husband They exchanged words III low toneS
and Mrs Terry got up and left the dlnlng-room"
Staclxnole one of the propretOrs of the hotel, was
standing in the doorway He observed Mrs. Terry
leave tbe room and also took note of the threat
.rino Iool, which she cast lie walked In to wnere
Iudge Terry sat and asked him why his wlie hau
left the table. ~ c.oo,,,o,a
Judge Field is here" observed Mr. Stackpoie'
81 do Won think your wife would be so lhdiScr'eO
as TO cause troubleP' -, r...,,
Why do YOU ask that question:? Salu IeiIt
Because | do not wish to have trouoie n'i''
was the answer -.,u and
Il don't know" said Judge Terry quietly anu
then he added Significantly: lhere misH' ~
trouble u.oa
This alarmed Mr.. Stac6pole, and he walked
back to the door. determined to watoh MrS' i'iiy
when she returned. AS soon as StaeKPoie 'ui"IN
hi. bacl, Terry walked slowly around behind the
table at which Justice Field sat eatihs' 80 49,
who saw him supposed that he was going di'er
his wife lie halted Just back oil flei" 1''.'l
and dcbe rately slapped the Justices face WIN 'ilc
ralm of his hand. the blow resouhdlhs On'O"7
tbe large room, in which were about loV p"oPiT
o,tino. many Of Them Eastern tourists. All looked
rp IN surprise. to see the huge form OI Juuse
Terrv towering over Justice Field. Ierrys t'ce
was distorted by rage. and he looked like man
,cbo WAS ready TO commit any desperate deeu'
An instant after he slapped Justice tlelds lace
Noqle Jumped TO his feet and put out his hanu'
saving: Hold on stop that!" Maggie IS muoH
smaller man than Terry. and the latter pdlu hoV
tbc slightest attention to him lie doubled up
his huge fist, and drew back his arrn' ready 10
deliyer what would have been a llnockdOwh pio"'
vcben Nagle. quick as fash, drew his siA-shooter
and fired twice, one shot following the other 50
updy that they sounded as though coming from
double-barrelled shotgun when both triggers are
uulled simultaneously. Tcrry's limbs seemed 10
rive way as the first shot hit him squarely IN 'ne
left breast and he fell to the floor. The secohu
struck the door near him, ploughins up the wood
and lodging in the wall.
As the first shot was fired, Mrs. Terry reap
neared in the doorway carrying hand travel
ling bag. StaclIpole intercepted her. and with
.l.o nd of ntLcrs. took aMay the bag. Upon