Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1889-08-15
The Shooting of Judge Terry

Ine onOOCluS VI JuuSe 1eIIy
As SIT ted in the GAZETTE, Judge David
S Terry was shot through The tesit and in
tapaly killed by Deputy U. S. Marshal
David Nagle yesterday morning, 10 the lail
road dioiDg room ct Lathrop, eighty three
railes from San Francisco. II appears that
upon the arrival of the Southern Overland
train at La,hfop, at 7:20 O'Clock in the
morning u S Supreme Judge Stephen J
Field and Deputy U. S. Marshal David
Nagle walked into the depot dining room
for breakfast, and sat down side by side.
Soon after Judge David S. Terry and wife
formerly Sarah A!thea Hill, came in.
They were proceeding to another table,
when Mrs Terry, evidently recognizing
Justice Field, did not sit down, but retired
to the train for some unknown purpose.
Before she reached il, however, and as soon
as ehe had left he dining room, Judge Ter"
ry approached Justice Field, and, stoop-
ing over him, slapped hls face. At this juno.
ture Deputy Marshal Nsgle arose from his
seat and shot Judge Terry through the heart.
AS he was falling the deputy marshal fired
again, but missed him, the bullet going
through the foor Both shots were fired In
quick succession. After the shooting Depu.
" Marshal Nagle backed up against the
wall of the dining room, and warned every
one not 10 arrest him, saying he was q
United States officer in The discharge of his
duty. There was no semblaDce of an at
tempt to moest him at any time.
The Judge never uttered sound after be.
ing shot. He had hardly fallen when Mrs.
| ruohoH tO tho a9Q Qf hfa h0nU and
threw herself upon 1t. Then ensued scene
| of the widest excitement. During this time
Justice Field and Deputy Marshal Nagle re-.
treated to sleeping car, where they were
securely locked within. At times Mrs.
Terry would call upon the citizens to arrest
| them. During the time the train was stand
| ing at the depot Mrs. Terry was running
wildly, alternately from the body of her hus-
band to the sleeper. demanding admittance
that she might slap Justice Fields face.
When Justice Field returned to San Fran.
"is"a sx weeks ago newspaper articles were
p.iuied intimatiDg that it would be danger
Gus for Justice Field and Judge Terry to
meet personally, as it was thought the latter
| might insult the former, while the fact WAS
! also recognized that Justice Field would be
quick 10 resent an attack from Terry, know
| ing it could only result fatally to one or the
other, 10 view of the latter's record. If
| Judge Terry had intended 10 provoke JUS.
tice Field, and draw 8 weapon before the
latter could turn, is, of course, not known,
as Deputy Nagle, who sat opposite, prevent.
ed this by firing. resulting In the instant
death of I erry.
The Southern Overland train arrived at
Oakland shortly after eleven O'Clock yester.
day morning. A great crowd had collected
telegraphio intelligence of the Lsthrop ira.
gedy having preceded the arrival of tho
train, and the sleeping-car in which Justice
Field was sitting was besieged by United
| States officials and newspaper men. Justice
Field maintained his quiet demeanor, and
replied to press representative, when ask.
ed to narrate the particulars of the shooting,
ns follows:
II can tell you the story in few words.
For the last few months, all manner of re-
porte, both public and personal, have
reached me that Judge Terry had threaten.
ed TO subject me to some form of indgnity
if he should happen to meet me- The fact
caused the United States marsha to decide
to provide such protection as he could dur.
ing my stsy in this State. When I started
for Los Angeles to hold court, Deputy Ma.
gle accompanied mo- He seemed to be q
quiet, gentlemanly official, though I only
met him twice while away from Los Ange-
les He asked in that city when intended
to return and accompanied me, taking a
seat in the sleeping car opposite to me. We
heard his morning that Judge Terry and
| his wife were on the train but paid no at.
teption to tue fact. When we arrived at
Latbrop, we entered the eating station to
| get breakfast. took seat at the end OF
TIE table while Nage sat ons side of me.
Terry and his wife came In the room soon
after. When she saw me she went out of
the room, ss afterwards learned, returning
to the car for her sstchel. Judge Terry
rose, aud suppose he Intended accompa-
nyiDg her. Instead of doing SO, he walked
back of me and struck me g heavy slap in
the face ! was completely sstonished, and
seeing be was making ready to strike again,
Nagle cried out Stop, stop;' but Terry did
not desist and as be was raising his arm a
second time, Nsgle shot at him, the bullet
entering bis heart. He fell to the floor,
! Naele shooting a second time, but the Sec
ord shot did not strike him. Nagle was
arrested at Tracy and taken to Stockton to
await the result of the inquest. That Is the
complete story, ss far as I am aware of the
facts"
Protection was accorded to Chief Justice
Field, it is claimed, by authority of United
States Attorney General Miller, who tele
graphed from Washington to the marshal oi
the district TO see that the person OF fthe Jus
tice was protected at any hazard. The or
der extended also to Judge Sawyer. of the
United States Circuit Court of San Francis.
co, upon whom Mrs. Terry made personal
assault last year while on railway train,
accompanied By Judge Terry. The order
was based upon this fact, and upon threats
declared to have been made openly by Terry
against Justice Field. Deputy Marshal Ma
gle was directed to accompany Justice Field
under this order, and is said to have given
Judge Terry full warning to stop when The
latter began his attack upon Justice Field