The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1889-09-13
Justice Field Testtae,.

SAN FRASc1sco. Special: In the case of
Deputy United States Marshal Nagle more
testimony was adduced showing that
Terry habitually went armed and indulged
in violent acts. Jud re Field testified:
Deputy Nacle and myself entered the dining
room at Lathrop for breakfast, aud suOn after
t King our seats Judge Terry and his wife en-
glanced at me for u moment, and then turned
and left the llacc. Judge Terry seated himself,
but arose immediately anu came toward me.
Before real zins what he intended to do felt .
powerful blow on my check. l turned around
anu !i,,, saw Icrrys giant form towering over mo
With his elenched fist urraiscd. l then heard
heard two pistol shots in quick succession. and
saw Terry fall to the floor was tiazcd for
m, nent. but soon realized that Terry had re.
celved his death-wOund, und / arose and LETT
the room.
Justice Field further testified that he be-
lisved that ii Nagle hud not shot Terry he
tt1elu) would have been dead within the next
live seconds. The expression of Terry's face
when he raised his fist to strike second
blow could not be mistaken. IL was full Of
malice and murder. Justice Field declared lie
had never had any difficulty with Terry prior
TO- the Sharon decision year ago.
They had been on the most friendly
terms Terry had often tried cases
before him, and on entering court had
always spoken pleasantly. During the last
year OF two. however. he seemed to havc en-.
tirely changed, and TO have lost hts respect
for the courts. Justice Field added that the
story OF his having asked Terry to support
MIN tor president some years ago was pure
fiction Justice Field was not cross eIam-
incd. Mr. NagIc will probably be examined
tomorrow.
REPORT OF THE MARSHAL.
WASHINGTON, Special: In his official report
to the department Of justice under date OF
Aug. IL. United States Marshal Franks Of
san francisco saws hat In obedience to tho
instructions OF the department, he had con-
stantiy exercised the utmost caution for the
protection OF Justice Field ami Judge saw
yer from violence by d. $. Terry and wife
Of the assault in the dining room at I4athrop,
Marshal Franks says Terry struck Justice
Field twice before Deputy Marshal Nagle in
terfercd. He continues:
Terry was man of very large physique and of
great strength. His passions were apparently
beyond his own control, AMI he was most ready
clarcd he had hahituaiy carried tor thirty years.
Magic is man ot siGlt build, and he we'll knew
I.rrya violent Cliaracteranl skill with weapons.
Whc!l he saw good reason To bclieve that Terry,
20 far from hring deferred by official warning
70 stop. was desperately determined to take
the life nf Justice Field and Ills lSaglc's) own
/ ltr Maggie prevented it in the only way any rca.
snnablc person cohvrrIant with the facts will
Pretend he could have done 1t will be clearly
shown hat there were not Two SECONDS between
pistol that saved it.
In u subsequent letter to the department,
Marshal Franks denies the statements oi
| certain papers that Magic was skillcr" OF
| the bordtrrutun type, and asserts that hs
reputation Was that Of II peaceablc, law -abid,
ing man, bus of much courage, which hp /
| been proven on several OccasiOna