Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-25
Mrs. Terry Claims that the Judge wss
Completely Unarsned-

Mrs. Terry Claims that the Judge was
Completely Unarmed-
Stockton, August 24th.--Justice Swain
was asked last night if q dismissal had been
entered in Justice Fields case. He said
no. and he knew nothing about the move
ment. He would insist upon keeping his
record straight, aud if the case was dis
missed the District Attorney would have to
come into Court and make the proper
motion. Swain says be issued the warrant
for Justice Fields arrest before the testi-
mony was taken in the Coroners inquest,
and when there were conflicting reports on
the streets. After the Coroner's inquest
disclosed that Field had nothing to do with
the ARRAY, Swain heard that the charge as
to Field was to be dismissed, andihe was in
Court next morning to hear such a motion,
but it was not made. He does not think
he should be held responsible for the action
of the District Attorney in insisting upon
the arrest
ANOTHER PosTPoNEMEaET.
STOCKTON, August Ath-In Justice
SWANS Court to-day, the preliminary ex-
animation of Nagle is further postponed
until Thursday next at 10 o'clock, the
Sheriff making the same return as he did
yesterday, namely, that the prisoner was in
the custody of United States officials. Many
streets that the complaint against Justice
Field was to be dismissed to-day, but it has
not been done yet, and Justice Swain says
he knows nothing about it,
ARRIVAL OF MRS. TERRY.
SAN FRANCISCO, August 24th-Mrs. Terry
arrived in this city last night and immedi-
ately proceeded to the Lick House, where
apartments were assigned her. In the
course of her conversation, she stated that
she left Fresno yesterday morning and
went direct to Stockton, where she was en-
gagged with some personal matters, Judge
Terry having residence and other prop
erty there and then took the train for this
city. The report tkat Mrs. Terry would
appear to day before the Federal Court for
trial on the indictments for contempt of
Court found against her to which demur-
rer was entered and recently overruled,
proved to be without foundation, as she
was allowed ten days in which to reply.
In reply to the question whether she took
a knife from the body of her husband after
he was shot, and while she was kneeling at
his side, she spoke as follows:
II did not. He had none to be taken.
Judge Terry had but one knife, and that
was taken from him by the United States
Marshal at the time of the difficulty in the
Courtroom here. He never had another,
ana OF course COulQ not, tDlS DelnS the
case, have taken one from him. More
over, was not in a position to take one
from him. / only raised his head after he
was dead and kissed him. The story that
/ took knife from his body is falsehood,
and any alleged evidence that 1 did, or
could do so, will be clearly eontroverted in
Court
1t is now stated that the counsel for Dep
uty United States Marshal Maggie are secur-
ing importance evidence for their side of
the case. Probably the testimony of no
witness will be so important as that of
Henry G. Clary, of Fresno. He proposes to
swear positively that he saw Mrs. Terry re-
move bowie-knife from her husbands
dead body and seerete it in her clothing.
Clary says the act was done Just after Ter
RVS death, and that ii was in removing the
knife and scabbard from the left side of the
vest that Mrs. Terry got her hand covered
with the blood that was oozing from her
husbands heart. Mr.. Clary will testify
that after Mrs. Terry took away the knife
she asked the bystanders to search Judge
Terry's clothing and satisfy themselves that
he was unarmed.
Attorney Charles L. Alderman, counsel
for the defense, says that Clary's testimony
was very positive, and that two or three
other witnesses would be at the trial to cor
roborate every statement made by Clary.