The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-09-06
NAGLH'S AUTHORITY,
The Letter Of Attorney General
Iustructlug
UNITED STATES MARSHAL
Franks, of California, to Protect
Justice Fields-Terry's Threats,
Nagle's Bullet Saved jus.
tIce Fields IlIfn,

WASHINGTON, u, w., sept S'-Ine lol'
lowing Is the letter from Attorney Gen.
eral Miller to Marshal Franks, Of Cali
iornia, authorizing him to protect JUS
tice Field and Judge Sawyer from as
sault by Judge Terry or wife, which was
introduced yesterday in the hearing of
the case against Deputy Marshal Naglei
WASHINGTON, D, O., April 27, 1880,
John q, Frank, 0, S NarsAal, san Ffuaetaeo.
Sin; The proceedings which have
heretofore been had In connection with
Mr.. and Mrs. Terry in your United
States Court have become q matter ol
public notorlety and l deem 1t my duty
10 call your attention to the propriety
OF exercising unusual caution In case
further proceedings shall be had In that
case for the protection OF his honor,
Justice Field, or whoever may be called
upon TO hear and IN determine the mat
ter, OF course, l do not know what may
be the feelings or purpose Of Mr., and
Mrs. Terry In the premises, but many
things have happened to indicate that
violence on their part may not be impos-
sible. 1t Is due to the dignity and inde'
pendence OF the Court and the character
Of its Judges that no effort on the part
OF the Government shall be spared to
make them feel entirely safe and free
from anxiety in the discharge OF their
duties. You will understand, OF course,
that this letter is not for the public; but
to put you upon your guard. II will
be proper for you 10 show 1t to the
District Attorney II you think necessary,
Yours Truly, W. II. II. MILLER,
Attorney General.
Subsequently Marshal Franks asked
and was granted permission to employ
special deputies to protect the judges.
In his official report to the Department
under date OF August 81, Marshal Franks
says that In obedience to the instructions
OF the Department he had constantly ex'
erCised tue utmost cautions for the pro.
lection ofJustice Field and Judge Saw.
yer from violence by D. S.Terry and
wife. OF the assault In the dining room
at Lathrop, Marshal Franks says that
Terry struck Justice Field twice before
Deputy Marshal NaRle interiered.
lie continues: "Terry was a man OF
large physique and great strength. His
passions were apparently beyond his own
control ami he was most ready with a
knife, n weapon which he himself de-
clared he had habltually carried for
thirty years. Nagle is Of slight build
and he well knew Terry's violent char
aCter and his familiarity with weapons.
When he saw reason to believe that
Terry, so far from being deferred by off.
cial warning TO stop, was desperately
determined to take the life Of Justice
Field and his (Nagle's) own life, Nagle
prevented 1t In the only way any reason.
able person Conversant with the facts
will pretend he could have done. It
will be clearly shown that there were
not two seconds between Justice Fields
life and the shot from Nagle's pistol that
saved him.
Accompanying the report are anum-
Der OF exhibits containing information
In connection with the tragedy and sub
sequent proceedings. One lisa pamphlet
giving an account Of the contempt pro-
Ceedings before Judge Sawyer, In Sep
tember, 1885, In which Marshal Franks
says:
llourishing his knife and endeayoring to
do violence, Notwithstanding the pistol
Of Deputy Taggart was leyelled at his
head. He was overpowered by q nun.
ber Of men. AT Lathrop he had every
advantage, and was ut the point Of COM
plotting his desperate enterprise, with
only Nagle and Justice Fields TO oppose
him."
In subsequent letter to the Depart
ment Marshal Franks denies the state
ment Of certain pagers that Nagle was
"killer" OF the border ruitian type, and
asserts that bis reputation was that Of q
peaceable, law abiding man but oi much
courage, which had been proven OH
several occasions.