Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1889-08-16
JUDGE TERRY SHOT.
K,,,ed by nn OFFICER Of ,ho Law.

Ex-Judge David s. Terry was shot
and killed by Deputy United States
Marshal David Nagle at the breakfast
table in the depot hotel at Lathrop,
Cal, Wednesday morning. The scene
OF the tragedy Is SO miles from San
Francisco, and is the breakfasting sta
tion for the Southern Overland train.
Ever since the imprisonment OF Judge
Terry and his wife for contempt Of
court, three months ago, the possibili-
tics OF an encounter bctweon Terry and
Justice Field have been recognized, ow-
ing to the temper of the man who kill
Fed Broderick in the early days of Cali
fornia. Toledo Blade says:
David s. Terry was ut one time chief Justice Of
the Supreme court of California; mud has always
been prominent figure In the political history
| Of the State. He was married To Snr0h Althcn
HILL who claimed to he the wife OF ex-senator
| sharon, while prosecuting her claim against the
sharon estate, This brought him Into resent
| ful attitude toward Justice Field.
The Justice last year rendered decision In
the United states Circuit Court, In this city, de
nying her claim TO lie the wife Of Sharon. Mrs.
Terry created a scene In court during the read.
ing Of the decision. charging Justice Field with
quiet, Justice Field directed that she be removed
from court. When n deputy attempted to carry
ont the order OF the court. she became involved
in personal quarrel with that Official, and
Judge Terry interfercd, dtawlng dagger from
his vest. lie was disnrmed, and both Terry and
his vile were odjudgcd In contempt and com.
mlttcd to jail.
In the mean time, Justice Field went to Wash
ington to resume his duties on the bench, re-
turning to this city six weeks ago. Newspaper
articles were printed intmating that 1t would
N IN npptp n Il ~
might insult the former, while the fact was lso
recognized that Justice Field wou ID be quick TO
resent nh attack from Terry, knowing IL would
result fatally to one or the other, In view of the
lnttcrs record.
The press report in tho Commercial
has the following from Justice Field:
"I can tell you the story In n few words. For
the last few months oil manner Of reports, both
public and personal, have reached me that
Judge Terry had .hTeatSqed ,,, to subject me to
meet me. This fact caused the United States
Marshal to decide to provide such protection as
he could during my stay In this State. When
started for Los Angeles to hold court Deputy
Nagle accompanied me. lie seemed to be
quiet, gcnt1cmanly official though only met
lin twice whilc away from Los Angeles. He
asked me in that city when intended to return
aud acco npanied me, taking scat In the sleep
Ing car opposite me. We heard this morning
that Judge Terry and his wife were on the train
but paid no attention to the fnct. when we mr.
rived at Lathrop we entered the eating station
10 get DrchktnSt. look n seat NJ tile c1u Oh tnc
table while Nagle sat on one side of me- Terry
and his wife came into the room soon after. AS
soon MS she saw me she went out OF the room ns
aftcrward learned, returning to the car for her
satchel. Judge Terry rose, and supposed he
Intended accompanying her. Instead of doing
so he walked back OF me and struck me heavy
slap In the face. l was completely nstoniShed
and seeing he was making ready to strike, cried
out, stop, stop" but Terry did not dcsist, and
as he was raising his arm n second time, Nagle
shot at him, the bullet entering his heart. lie
fell to the floor, Nagle shooting n second Time
but the second shot did not strike him.
THE MARSHAL UNDER ORDERS.
During Judge Terry's confinement In the
county Jail he threatened upon his release TO
take tho lives Of Judges Field and Sawyer. Pri
or to the contempt of court, for which he was
imprisoned Mrs. Terry In his presence had made
an assault on Judge sawyer IN II Pullman car.
II Is believed that had Sawyer resisted the insult
Terry would have killed him. Terry's threats
were so publicly made that they reached the
ears Of Justice Fields colleagues on the supreme
bench and were made known to the department
of justice in Washington, whcreupon Mr.. Miller
attorney general of the United Stntce, head Of
the department of Justice and ms superior officer
of United States Marshal Franks, ordered the
latter TO take whatever measures were necessary
TO protect the persons Of Justice Field and Judge
Sawyer from assault by Judge Terry.
Attorney General Miller had deputized MI.
Sngle to keep within reach of Justice Field
ready 10 carry out the orders of the department
OF Justice.