The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-09-04
THE TERRIBLE TERRYS.
u,,,oNv HEARDIN THE NAGLE
uABBAs CORPUS CASE.

The Defense Outlines the Points 1t
~ y-aac+s to Make in Justification of
-rn snootine-W witnesses Testify to
49, T,,reets Made by Judge Terry
and Bis Wife.
S.vrp,ycGsoo. Cal, sept. 3.-The TAX
- "a .timony in the habeas corpus pro-
'"s H.. in the case Of Deputy
go 80 David Nagle, who shot and
I-iTaJ David S. Terry at Lathrop
recently. was commenced In the
ltd States circuit court before Judge
Sanver TODAY. The state of California
ranre,ented by Attorney General
Tahrson The counsel for the defense, in
0aaning the case, made long statement of
tFo circumstances which led to the killing
of 1uJga Terry. and gave a synopsis of
rbat the defense proposed to prove by the
illnesses who we're to be examined.
WHAT THEY WOULD PROVE.
uo sa,d II would be proved that the life
os Irstira Field had been threatened long
T,r;oT to the assault i'll the dining room at
atbron and that Deputy Nagle in shoot
- Irdge Terry had every reason to believe
tbst tie nniess he did 50 these threats would
ba carried out In acting as he did, 1t
TronId be shown that he merely did his
dnty as A sworn officer of the law.
Attorney General Johnson stated that
bo oroaared for the state, and desired to
oTrarre for an argument as to the jurisdic-
tion NJ the federal court, which he consid-
cred the main point in the proceedings. He
said he would not appear at the examina-
tinn Of witnesses, but would be prepared to
argue the jurisdiction point next week.
THE INSULT TO JUDGE SAWYER.
Witnesses were then called who recited
the details Of the attack made upon Judge
\ SAWYER by Mrs. Terry on a train between
los Angeles and San Francisco over a
\ wear ago. Judge Van Dyke of Los Angeles
4 was the first witness. He tests1ed he was
4 passenger in the same car with Judge
a SAWYER. and that David S. Terry. and his
II wife entered the car at Fresno. Soon
Il after the train started Mrs. Terry
Il arose and passed up the car glar-
ing at Judge Sawyer as she passed
MN and then returned to her seat. A few
minutes later Judge Terry arose, and took
n a seat at the forward end Of the car facing
81 Judge Sawyer. Mrs Terry then joined
n him, and as she passed Judge Sawyer she
q reached over and pulled his hair. She
n afterward took q seat behind Judge Sawyer,
~ and the witness thought she intended to
attack him with her parasol, but in a few
minutes she joined her husband, and no
a further trouble occurred.
TRIED TO INTIMIDATE THE JUDGE.
W. NJ. Coles of this city, who was also a
Nj passenger on the car, corroborated Judge
n Van Dykes account of the affair, and said
that after Mrs. Terry made the attack she
IA jJined her husband in a seat near him and
NJ related hat had occurred with a great deal
n Of glee, at which Judge Terry laughed
a The witness heard Mrs Terry say: II will
q give him taste OF what he is to get here
after. Let him render that decision if he
cares" be heard Judge Terry say that the
only thing fit to do with Judge Sawyer
would be to take him out in the bay and
drown him.
THE TROUBLE LAST FALL.
Marshal Frank was then called and re-
ated the Incident in the court room last
pep pember, when Mrs. Terry interrupted
ue reading OF Justice Fields decision. He
ated that he attempted to remove her
rom the room, when she made a violent
euaCx upon him, and Judge Terry inter
lered and drew a knife. The pistol
was afterward taken from Mrs. Terry's
satcae. Marshal Frank further stated
taas n3sI when he presented to Judge Terry an
fder committing him and his wife to iail
w became Cle very abusive, and Judge Terry
Eal9 When | get out of Jail and judge
.sI1 returns to California, I will meet him
ou na Li- IL VIII not be a very pleasant meeting
TERRY's THREATS.
number Of other witnesses also tes titled
,..+z 10 Ihe ga affair in the court room. Deputy
I9r,a smaaa " oo,y oolsey, who had charge Of the
lSlneoa lr.tl county Jail while Judge Terry and
%lfe were confined there, testified that
oioth iott.C conyersed with Judge Terry, and
NJ ojt. latter told him he always carried a
M. nI'' .n5 De called the judges and marshals
then, p1G - sad aE ne would yet live to see some
20 slelii NJ ~ IN their graves. He was very abu-
bat at Ma VGaAIaHd ana newspaper reporter testified
EopId S5 -qgsi 1in Terry had once told him She
w." XII Judge Field some day.