Los Angeles daily herald., 1889-08-15
JUDGE TERRY KILLED.
He Assaults Justice Field at
LathrOp.
FIELDS BODY GUARD SHOOTS HIM
The Ball Pierces His Heart and
Death Results Instantly-De-
tails of the Tragedy.
Associated Press Dispatches to the HERALD.

1 tA9SOClateQ IrcBS OlbphLCucS W Lub hEhALD
SAN Francisco, August 14.-David S.
Terry, ex-Supreme Justice of California,
was shot and killed at 7 so this morning
in the railway eating station at Lathrop,
California, by Deputy United States
Marshal David Nagle. The shooting was
the result Of a personal assault which
Judge Terry was making upon Justice
Stephen ]. Field, of the United States
Supreme bench, while the latter was
seated at the breakfast table. Judge
Terry had approached Justice Field from
the rear and slapped the jurist in the
face with his hand, and was in the act OF
striking him a second time when Deputy
Nagle, who had risen and had warned
revolver and shot the latter through the
heart, killing him instantly. The Deputy
was acting as body guard to Juvtice
Field under strict orders emanating from
the Department of Justice at Washing
ton to protect the person ofsthe jurist
from personal assault at all hazards.
CIRCUMSTANCES LEADING TO THE TRAGEDY.
An attack had been deemed probable,
owing to the frequent threats attributed
to Judge Terry, and owing to the latter's
known temper and the fierce quarrels
which had marked his public career in
California. He was known to entertain
8 deadly hatred toward Justice Field,
which feeling was supposed to have been
spurred by his wife, Sarah Althea Terry,
who claims to have been the widow oi
the late United States Senator Sharon,
and who bas been endeavoring to estab.
dish her claim to the estate in the State
and Federal courts. A decision, rem
dered by Justice Field sitting in bsnc
with two other Federal Judges last
September, was adverse to her interests,
and she was the means of creating a
scene In the United States courtroom on
that occasion, which threatened to ter
inmate in tragedy. On that occasion
she was ordered into custody by the
Court for contempt, after interrupting
the Court when delivering the decision,
charging him with being corrupt. She
struggled with the bailiff when they at
tempted to remove her by force, and had
an active ally in Judge Terry, who drew
q dagger, but was disarmed by the same
deputy at whose hands he today met his
death. For this act Judge Terry was
sent to Jail for six months for contempt.
IMPORT OF TERRY's THREATS.
When this occurred, statements were
publicly attributed to Judge Terry, de-
claring that he would have a personal
settlement with Justice Field, if he ever
had occasion to meet him, when once re
leased from arrest. These statements
coming from the man who had killed
United States Senator Broderick in a
duel, and who was popularly supposed
to be constantly armed and marvelously
proficient in the use OF weapons, was re-
garded as no light statement. The re-
mark was certainly current throughout
California that if Judge Terry ever met
Justice Field in public, a tragic scene
would undoubtedly follow. Justice Field
ignored all propositions TO arm himself,
declaring, according to his statement to-
day, that if Justice of the Supreme
Court of the United States could not
travel through his circuit in the perform
tecting himself against assault, he would
accept the consequences which might re.
suit to himself. The United States
Marshal of this district, under authority
of the Department of Justice, however,
assigned deputy to accompany Justice
Field, and Deputy Nagle accompanied
him to Los Angeles, and was at his side
when Judge Terry approached and
struck Justice Field this morning
Whether Judge Terry was aware of this
fact is not known. Although warned not
to strike again, be had aimed second
powerful blow at Judge Field, who was
still sitting in his chair, but before the
blow could be delivered he fell to the
floor dead man.
HOW THE SHOOTING OCCURRED.
The northbound overland train had
arrived at Lathrop shortly after 7 80
O'Clock, and Justice Field entered and
took seat at the head of the table a
short distance from the main entrance to
the railway dining room, Deputy Nagle
taking a seat at his side. Judge
Terry and wife entered the room
almost Immediately afterwards and took
seats at table distant possibly
twenty feet from that at which Justice
Field was seated Mrs. Terry instantly
recognized Justice Field and at once lef
the room, going to the sleeping coach
and returning toward the room with {
satchal. She was met at the door by the
proprietor of the restaurant, who knew
all of the parties, and who refused hel
admission. In the meantime Judge
Terry had sat at his table, never taking
his eyes from Justice Field, and finally
rose and walked toward the door, passing
in the rear of Field. When opposite the
latter he turned and struck him from the
rear on the side of the face. Deputy
Nagle rose and cried out, "Stopl Stop %
But Terry had raised bis clinched fist for
another blow when the fatal shot was
fred. A second shot Immediately fol-
lowed, but the ponderous form OF Terry
had fallen to the floor. He did not utter
a word. The alarmed people in the
room Immediately left, while Deputy
Nagle announced to everybody that he
was United States officer in the per-
formance of his duty, and warned every
one not to modest him. He and Justice
Field then returned to the sleeping car.
AFTER THE TRAGEDY.
In the meantime Mrs. Terry returned
to the dining-room and when made
aware of the death OF her husband, made
an attempt to board the sleeping car con-
tanning the Justice and deputy. Her
satchel was taken away from her, which
was found to contain revolver. She
appealed to the crowd to make an at
tack on the Car and to seize ustice Field,
contending that he had killed Judge
Terry. The overland train resumed its
journey to this city, arriving here shortly
after II o'clock, when Justice Field
joined his family in this city.
H. Il T,.I IL -.