Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-09-05
SAID SHE WOULD KILL FIELD
Taking Testimony in the Case Of Deputy
Marshal Maggie.

Taking testimony In the habeas corpus pro-
ceedings in the cae of Deputy Marshal David
Maggie, who sh OF Ind killed David Terry at
Lathrop, was commenced in the United States
circuit court bsfore Judge Sawyer in San Fran
cisco Tuesday. The state Of California was
represented by Attorney General johnson.
Judge Van Dyke Of Los Angeles was the first
witness He testified he was a passenger in the
same car with Judge Sawyer, and that David
Terry and wife entered the car at Fresno. Soon
after the train started Mrs. Terry arose and
passed up the car, glazing at Judge Sawyer as
she passed him, and then returned to her seat
A few minutes later Judge Terry arose and took a
seat at the forward end of the car, facing Judge
Sawyer. Mrs. Terry then Joined him, and as
she passed Judge Sawyer she reached over and
pulled his hair. She afterward took seat be-
hind Judge Sawyer and the witness thought
she intended to attack him with her parasol,
but in few minutes she joined her husband,
and no further trouble occurred.
w. M. Coles, who was also passenger on
the car, corroborated Judge Van Dykes &C.
count Of the affair and said that after Mrs.
Terry made the attack she Joined her husband
in seat near him and related what had oc-
CURED with great deal Of glee, at which Judge
Terry laughed. Witness heard Mrs. Terry say:
II will give him taste of what he is to
get hereafter. Let him render that decision
if he dares."
He heard Judge Terry say that the only thing
fit to do with Judge Sawyer would be to take
him out in the bay and drown him. Marshal
Franks was then called and related the incident
In the circuit court room September last, when
Mrs. Terry interrupted the reading of Justice
Fields decisions. He stated he attempted to
remove her from the room, when she made a
violent attack upon him and Judge Terry in
terfered and drew knife. A pistol was after
ward taken from Mrs. Terry's satchel. The
marshal further stated that when he presented
TO Terry an order committing him and his wife
to Jail both became very abusive and Terry
said: when get out of Jail and Judge Field
returns to California will meet him, and it
viii not be very pleasant meeting for him."
Several other witnesses also testified as to
the affair in the court room. Deputy Sheriff
Woolsey, who had charge of the Alameda
county Jail while Terry and his wife were con-
fined there, testified that he often conversed
with Terry and the latter told him he always
carried a knife. He called the judges and
marshals ours and said he would yet live to see
some of them in their graves. He was very
abusive Of Judge Field. An Oakland news
paper reporter testified that Mrs. Terry had
once told him she would probably kill Judge
Field some day.
NAGLE WAS WARNED TO PROTECT FIELD AT ALL
HAZARDS.
Yesterday several witnesses testified to hav-
ing heard Judge Terry threaten to assault both
Justice Field and Justice Sawyer. A letter from
Attorney General Miller to Marshal Franks,
directing proper protection to be given Justices
Field and Sawyer, was put in evidence. Mar
shall Frank testified to having appointed Maggie
to accompany Justice Field and to protect him
from assault. Maggie was instructed particu-
larly concerning Terry. and was told that Terry
was a dangerous man. and that in case he at
tempted to assault Field it would be necessar
for him (Nagle) to act quickly. Maggie was
warned by the marshal to protect Field at all
hazards and to take no chances,