New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-21
TERRY,s FOOLISH FRIENDS
vvrv,y6. THE INDICTMENT OF JUSTICE
FIELD AND NAGLE-
,rrrorrvr MEASURES THAT NAY BE r,r TAHAS S,sr D'
ffrnUir rIIU ,rnrrAL Authorities IN THE CASE
I'M =, raaArH TO THE TKIBCNE.I

.,-.-rvr MEASURES THAI -uN -
W.T. rrpERAL AUTHORITIES IN i'.'
The -v,yeHArH TO THE rKInoNE.l
n.on.isco. Aug. 2O.-lnteresO i'll 'nc ierrN
ear" a. although nearly week mas passc" Sino'
eN+.so,i ,ional shooting, continues keen neh',
'no .-orv fresh move is watchco Ciosciy "u'
anu s,.eussed The latest ie9'ure Oi Vnc ooui-
h,uo. ..ors growing out OF Nagies acls Is lhc
pr"hIe Indictment Of both Justice flelu anu
plv pr. nv the Grand Jury of San Joaquin OouhtS
ec.ocrton in order to give the o'aue courH
stronger case against the Oni'eu oV"Ues JufiS-
S,c+ion The weak point oil tine o'ate case no"
= the question of the legality oil the acuoh Oh
.ho Instice of the Peace who issued the "drrahV
Cor tho arrest of Nagle and Field. Inc otocKtoh
,el Attorncv who insisted upon issuing the
warrant for Justice Fields arrest Is Une on'ei
- in attompting to get the Grand Jury to
nresent indictments against poth the AsSooi"o0
rns,ioe and Marshal Nage. He has lost his head,
hoing completely under the influence oil Judge
,rurner and other hot-headed pro-Southern friends
~ IT, t. is intimated here that should these
settlements be found and warrants issued for the
ancoud arrest of Field and Nagle the United States
authorities will take hand IN the game
I'd will uromptly arrest and imprison DlstrlcI
A.torrev White and others who are active III the
movement on the grounds that they are lnterlerins
with a Justice of the Supreme Court, anu navy
,endered themselves liable to punishment
There is no prospect Of more than lorIi"l
,ooripc in the case on Thursday, as neither siue
;s ready TO argue the Important queSliohS u
Jurisdiction that Nagle's trial will bring up
.John d. Lawson, author of Lawsons Delenoe
of Crime who has made specially Vi S
defence in law, furnishes 1.-The Chronlcie WIN
q clear statement of the law on some points ol
the Terry shooting that have not Deeh oro"S,'
out before He says that Jushce fleIo "oui'
have been entirely justified, considering ,n1
threats made against him. had he Puiieo
a pistol and shot Terry. Nagles case, he houS' j.
oven stronger than Fields. The other occupants
of the eating room were not legally Douhu u 1nV.
fere even had Terry killed Justice fleId' AL
could sit quietly and see this crime commlt'eu eA
cept Nagle For him, omission to protect Iloio
would have been q crime for which n couio nave
been tried and punished. He accepted employ
ment to protect Field and If Terry killed Oh
wounded tbe Justice for Nagle there would nave
becn no eycuse The law would have convicted
him as a felon, and the community Woulu nav nav
branded him as a coward. Lawson ehds his s'roiis
statement as follows: .
Justice Field had simply right TO protect himself Du
Naqle's act OF defence both right ana ooly' Liz
nioetles Of the law Of sefdeence not applicable
him; he was attacked he was not oohgea 10 Ioe"
to the wall him had been cast no common duty anu anu
his unfalthfuness would merit no common puIisnH'
When the crisis came il al all strange ne uiu no
marley appreeating as must have done that upon mn
was fearful moral and legal responsibility for al harL
which might come the Justice OF the Supreme Court O
the United States the most august tribunal IN the worm
Mrs. Terry is expected here to-nslt' Hle Ne iin rS
no Intention of shooting either t1eld or M N3Eic' &
She calls Field the American Jeilries' and % 9e-
clares that the murder of her husband was ,a1 the1
result of conspiracy between Attorney -ueneI"'
Miller Justice Field and Marshal Franks.
Justice Field denounces as " tissue Of Of mall NAL g
nant falseho1dsp the statement made by H. Porter
Ashe at Saratoga that quarrel between tleid
and Terry grew out of Terry's refusal to support
Field for the Presidency.