Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-21

august 1Sln mas very aple ana ethical
analysis of the circumstances attending the
shooting of David s. Terry by Deputy Mar
shall David Nagle, which, in view of the
discussion as to whether Nagle was justi-
fled in acting as promptly and decisively as
his did, is we'll worth reproducing. The
article in question, which is illustrated by
diagram showing the scene of the en-
counter, is as follows:
STATEMENT OF FACTS.
Now that the excitement attending the
death of David Smith Terry has subsidized,
it may be well to glance back at the trag-
ely and get clearer idea of the circum-
stances of it than was possible when the
smoke of Nagle's pistol hung over the
scene and the air was still full of the wild
stories and baseless rumors which always
spring up when popular excitement gives
them the chance of days credence.
Justice Field and Deputy Marshal Nagle
entered first by the door and took their
seats at the second table. Terry entered
| later, walked up the room and took his seat
at the fifth or end table. Mrs. Terry en-.
tered few seconds afterward. When she
came to the table at which the Justice and
the Deputy Marshal were seated she turned
suddenly ana went out to the car to get
her satchel, in which she always carried q
pistol and IN which was q pistol at the
time.
Meanwhile Terry had risen from his
| seat, come down the aisle in which Field
| and Maggie sat, and had made an attack
| upon Field. The manner of the attack was
very remarkable. Terry did not come
| back by the aisle by which he had passed
| up to his seat, for that would have brought
him in front of Field and Nagle and with
| table between them and him. Neither
did he accost Field when he reached him,
He does not seem to have intended that the
Justice should have any warning. He was
| to be taken by surprise-to that end Terry
not only came behind Field, but actually
passed him. Had Field and Maggie been
| watching Terry's approach out of the cor.
ners of their eyes, his movements were
calculated to throw them off their guard
For Terry did not stop short when he
reached Field. Neither did he stop short
when Immediately behind Field. He
passed him. Then, suddenly wheeling, he
struck the Justice. He did not come M IN
him and, laying heavy hand on his
shoulder, say: II want to speak with YOU.
| sir" Nor did he come up to him and say
You did me an injustice and intend to
| avenge the wrong" He did not say any,
thing. His silence and his movements
were both calculated to throw brave men off
their guard for the moment. The Slap came
IN an instant, and, of course, it was an ut
ter surprise.
As to what happened at this juneture a
| dlsinterested spectator, who saw the whole
affair, may well be quoted here, as it is the
| most concise account of the tragedy that
has been given, and is borne out by other
witnesses with equally good opportunities
of seeing what happened. George |. Lin
derwood, the Pacific coast agent of New
York manufacturing house, says:
happened to see the whole thing, and
had been in Marshal Nagle's place l
| would have done just as he did. There
was nothing else to be done. Terry was
after Field. He was looking for quarrel,
and II his record is to be considered, COM
| bined with his threats, he meant to very
seriously hurt or kill the Associate Justice.
He got what he deserved, exactly. The
| idea that the Associate Justice of the
United States is open to attack from every
bully is preposterous. Had Field been
| killed it would have been blot on Cali.
fornia that would have taken wears to re-
| move. l sat just across the narrow, three.
| foot aisle from Justice Field. l saw Terry
| strike him just as the descending, half
closed hand reached his face. He had a
look of terrible hatred. Nagle said, Stop,
| sir very loud, and as Terry prepared to
strike again his left hand was thrown
round his body. Whether Nagle Thought
| he was reaching for his revolver or not
do not know, but that instant he fred. as
to Justice Field firing shot, that's ali bosh.
| Mrs. Terry made the story out of whole
| cloth. He could not have done so without
| my seeing him. was not over foot from
Terry, and it was curious was not hit. /
said to Justice Field, as Terry fell backward
| and died, What's this mean?' It's bad, bad,
said he, but he attacked me, and this officer
| has killed him. The Justice was quite
nervous. He had his hands clasped still
| they shook some. l thought of my old
father as the Justice appeared before me
with his white locks and his clear ewes. and
l said: Don't be nervous, Judge: there
are plenty here who will see you through.
When rather nice. looking man said To
Mrs. Terry afterwards, in response to her
wild exhortations, that if she would GET a
| revolver he would go in the car and get
Maggie out and have him hanged. I tanned
him on the shoulder and said Look here,
you had just better go and sit down. If YOU
go trying to get anybody lynched here
there's another armed, and you will be
| about the first man to get lynched your
SELF He went away and did keep cool,
and there was no more trouble. No, sir /:
Terry got just what he ought to have had
Nagle ought to be rewarded for what he has
DONE"
There is the picture, then. Field sud
denly receives slap in the face. Nagle.
specially appointed by the United States
authorities to defend Field, starts up and
| sees that Terry has struck Field. What is
he going to do next2 Upon Terry's face il
look of devilish rage aud malice, and any
one who has ever seen Terry angered
knows well what malicious and ferocious
look would come into the gray ewes and
| over the pale face and compressed lips of
the man. Nagle knows Field to be un.
armed and relying upon him. Nagle
knows Terry's record. He knows how he
slew Broderick, how he stabbed HOPKINS.
how crafty and ruthless and quick be had
| ever been in his deeds of blood. He re-
| members how Terry placed hand on knife
! and bore down upon Kowalsky, and how
he drew that ever-ready and deadly weapon
in the temple of justice itself. when the
Judge on the bench had, in his hearing.
directed United States Marshal to main
tain order, and the Marshal was proceeding
with all possible forbearance to do so. Ma
gle knew, also, that Terry had testified in
regard to that scene, that he habitually
carried bowie. Both he and Mrs. Terry
~ tSStAaSAs Al " pIOf6 That Oe Dad
not specially armed himself for the occa.
sion. Terry testified that he had carried a
knife for thirty years. Nagle also knew
that Terry had limited at violence to Field,
while his wife had openly boosted thai
Terry would kill Field.
Nagle is g cool man, and therefore his
wits were about him. He had had much
reason within the past few days to ponder
over Terry and his ways. He had arrived
at Lathrop fearing trouble, and he knew in
moment that it had come and how seri-
Gus it might be. For Nagle had seen
shootings before and seen the occasion for
them and the pretext for getting in the
first shot, and when he saw Terry strike
Field. and then saw the wicked and muir
derous expression of the assailant's face. it
is wonder in the circumstances that
Nagle said: Stop, sir.p To intervene with
words instead of weapons at such a crisis
was TO take big chances on Fields life and
his own reputation. Seconds are lives
when such men as Terry assault their enc
mics. Yet Nagle was cool enough and
brave enough to risk a remonstrance. But
as the words left his lips Terry's hand
went quickly back, whether to strike an
other blow or draw and use with lightning
rapidity weapon, how could Nagle know?
What was the more likely? What had
Terry always done in similar circum-
stances? Was it likely that he would con.
tent himself with striking Justice Field.