Los Angeles daily herald., 1889-08-15
THE LATHROP TRAGEDY.
Judge Terry Shot Dead by
a U. s. Deputy Marshal
WHEN sLAPPING JUSTICE FIELD
Judge Terry's Career - Original
Account of His Duel with BrOd-
erick by an Eyewitness.


by United States Deputy Marshal Nagle
was placed on the bulletin board, that
event became the universal
subject of conversation. The general
view seemed to be that Terry had got on
the train at Fresno, knowing that Justice
Field was on board, with the intention
of fixing some public sffront upon that
gentleman, and perhaps to force upon
him quarrel in which he would try to
kill him. It was generally believed that
Terry's rancor at the Justice was such
that he would never be satisfied until he
had wreaked upon him some act Of
signal revenge. The justice had go
deeply offended Terry by sending him to
prison for six months that everyone
expected that man OF the vim
dictive and reckless nature OF the
deceased would not rest easy until he
had "got even" with the United States
Supreme Court Justice. 1t is very prob
able that Judge Field expected some
demonstration of this kind, and this
would account for the fact that Deputy
Marshal Nagle, a fearless and determined
man, was selected to act as his escort to
and from Los Angeles. Men who know
Terry we'll advance the theory that it was
his intention, after slspping Fields face,
to kill him if he made any demonstra-
tion to retaliate; and perhaps the foil
details OF the affair will show that Nagle
averted the assassination OF the United
States Justice by promptly opening fire
upon Terry before he had chance to
carry out his programme. However
this may be, Terry was no man to stop
at halfway measures. He never was q
man to hesitate at trifles, and it is prob
able that in this instance, restive under
the wrongs he felt ne had received from
Field, he was ready to carry out any
act, however desperate.
But whilst many people were inclined
to justify the killing of Terry off-hsnd on
the slightest demonstration, there were
others who reasoned more calmly and
nationally on the subject. These could
not understand why a third party, and
he peace officer, should peremptorily
avenge an assault upon another by shoot
ing the assaulting party dead. 1t was
his duty to at once arrest Terry and place
him beyond the power of doing harm,
But for Marshal to take the law into
his own hand and to execute extreme
punishment because and assault is com.
mittted in his presence, would require
very strained reasoning to justify. In
ordinary cases this kind of killing would
be murder. If A, who is a policeman,
sees B slap C's face, even without provo
cation, and thereupon levels his pistol
at B and shoots him dead, there would
be no doubt that A had committed an
unjustifable murder. The circum-
stances attending and anteceding the
Terry killing, and the reputa-
tion of the deceased, might
perhaps somewhat modify the
verdict OF the people shout Nagle's act,
but could not unless it is shown that
Justice Fields life was in instant
jeopardy, justify the Deputy Marshal in
shooting him down. The idea OF the
law is to restrain and prevent crime, and
it's ministers are only warranted in ex
treme measures when there is no other
recourse. Possibly the facts may show
that there was no other recourse; but 30
far as is now known, the ends Of duty
would have been reached il Marshal
Nagle had seized and arrested Terry,
instead of shooting him.
This ia the tragic sequel of the cele
brated Althea Sharon divorce suit. The
United States Circuit Court interveneu
while the Ease was being adjudicated in
State Court. Justice Field some eighf
months ago rendere decision in which
he declared the assumed marriage Of
Althea Hill with Sharon null. While the
decision Was being read, Mrs. Terry, who
had married Judge Terry after the death
Of Sharon, raised great outcry in the
court, and the Marshal was ordered to
put her out. Terry, who was sitting be-
side her, resisted the action of the Mar
shall, and a scnffle ensued, in which the
former drew dagger and made serious
lunges at the latter. Terry was secured,
and Justice Field sent him to Jail for six
months for contempt of Court. This
action of Field has rankled j. Terry's
breast ever since, and all who knew the
man were fearful that some serious epi
sode would result. Indeed, Justice
Fields friends did not believe it was wise
or safe for him to come to this State,
much less to travel in the vicinity OF
Judge Terry's stamping ground"
David 5. Terry has been a conspicuous
figure in this State since the time of its
admission into the Union. He came to
California from Texas in 1849. In his
early youth he had been Texas ranger,
and acquired in that frontier school a
reputation for courage and fearlessness
which was common to the men who ex-
hibited prodigies of valor in the border
and Indian warfare of that State in It's
pioneer days.
Soon after coming to California he
entered upon the practice of law in the
city OF Stockton. At that time Stockton,
as well as other cities of the State, was
infested with class of desperate gam
blers who periodically took possession oil
the town and held it in state of terror.
Some of these desperadoes achieved
national notoriety afterwards by their
violent acts. Jim Turner was killed in
New York during the Bill Poole episode.
Billy Mulligan, in fit of mania potu,
took possession of the upper part of the
st. Francis Hotel, in San Francisco, and
fired at the people in the street, killing
several, and also shooting dead his |
friend McNsbb, who volunteered |
to go up and secure Mulligan.
An end to his wild and mur-
ierous orgie was accomplished by |
policeman named Pomeroy, who |
posted himself behind a curtain in a
window opposite and took deadly aim at
he madman as he exposed himself ready
o fire again into the crowd in the street
lin Campbell, Jimmy Hughes and Billy
C'Neill were others of the gang who Pc
llodlcally made life hideous in Stockton.