The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1889-08-22

personal, have reached me that Judge
Terry had threatened to subject me to
some form of indignity if he could
happen to meet me. The fact caused
the United States marshal to provide
such protection as he could during my
stay in this state. When started for
Los Angeles to hold court Deputy Ma
gle accompanied me. He seemed to be
a quiet, gentlemanly official, although
only met him twice while away from
| Los Angeles. He asked me in that city
when INTENDED to return and accom-
panied me, taking seat in the sleeper
| opposite me. We heard this morning
that Judge Terry and his wife were on
the train, but paid no attention to it.
When he arrived at Lathrop we en-
tered the eating station to get break
fast. l took seat at the end of the
of ME. Terry and his
wife came in the room soon after. AS
soon as she saw me she went out of
the room, as / afterward learned, re-
/ turning to the car for her satchel.
Judge Terry arose and supposed he
intended accompanying her. Instead
of doing SO, he walked back of me and
struck me heavy slap in the face.
! was completely astOniShed, and. see
L
again, Nagle cried out, 'Stop, stopl''
but Terry did not desist and as he was
raising his arm a second time, Maggie
shot him, the bullet entering his heart
He tell to the floor, Nagle sho citing d
second time. but missed him. Maggie
was arrested at Tracy and taken to
Stockton to await the result of the in
quest. That is the complete story
So far as l am aware of the facts,
1 leROTGAH fn IL
Field, it is claimed, by authority of
United States Attorney General Mil.
Ter, who telegraphed from Washing
ton TO the marshall of the district to
see that the person of the justice was
protected at any hazard. The order ex-
tended also to Judge Sawyer of the
United States circuit court of this city
upon whom Mrs. Terry made a per
sonal assault last year while on g
railroad train, accompanied by Judge
Terry. The order was based upon thi:
fact and upon threats declared tx
have been made openly by Terry
against Justice Field. Deputy Mar
shall Maggie was directed to accompany
Justice Field under this order and il
said to have given Judge Terry full
warning to stop when the latter begaI
his attack on Justice Field, and fired
at Terry as the latter was about Il
strike second time.
Justice Field left the overland traii
at the Oakland Ferry and drove a
once to the Palace Hotel where he wa
Joined by his wife. He was not ar
rested and the notice to the chief o
police, claimed to have been sent b!
the district attorney of San Joaquin, i
'Varded III that form,- was not car
ried out.
WARRANT SWORN.
Sheriff Cunningham of San Jua
quin county, arrived here lat
last night from Stockton witt
the warrant sworn to by Saral
Althea Terry for the arrest of Justic
Stephen j Field on the charge of beinj
an accessory to the killing WedneSda,
of her husband Judge Terry. 1t i
understood that the warrant will b
served on Justice Field at O'Clock to
day.
WHAT HE DID To PROTECT FIELD.
TERRE HAUTE, Ind, Aug. 10Th
Senior senator from Indiana, heavil
sustains Attorney General Miller il
what he did to protect Justice Field
at has been known for sometim
pasts' he said, THAT Justice Field
life would be in imminent peril. wheI
ever his duties called him again i
California. He was deliberately an
treme humiliation by one of the mos
desperate men ever known on the Pa
cific coast. His committal of Judg
Terry for contempt of court, was nc
only imperatively demanded in de
Tense of his own court, but also,
defence of every other court in til
United States. against the lawles
outrage. In my opinion it was en-
minently proper that the attorne
general should see to it that no harI
should come to him while in his jud
cial circuit.
NAGLE'S ACTION JCSTIFIABLE.
Attorney General Miller was see
yesterday and asked if he had anythin
further to say about the shooting {
Judge Terry by Deputy Maggie. II
replied.
II see from the papers that the ac
ion of the deputy is pretty general
endorsed. 1t appears to be considere
that Nagle's presence was necessaI
and his action justifiable. l do nc
care to speak of the legal aspects {
the case do not know any case ana
ogOus to it in our history and | don
s recall that it has ever been necessaI
l. before to provide protection fo
: an United States Judge.
i If the case comes to trial l suppose
2 will be called to testify, but l quStiO
r whether there will ever be trial. TIL
grand jury may refuse to act, or til
coroner's jury may find it a case of jul;
: tifiable homicide. / have not exam
med the legal side of the question
however. l thought the protection {
the officers of the law might be neces
sary, aud knew something of the de:
q perate character of the man wit
e whom Justice Field had to deal.
thought of trouble when the trial bC
|, gan, but of course did not look for
at a way station, or upon the train. ]
= the Justices life was in danger though
he was as much entitled to the prOteC
; ton of the officer at an eating house a
= in a court room OF upon bench.
! Although the attorney general wa
! very guarded in his utterances, hi
: manner indicated very plainly that h
: justified in shooting Terry.
BAD MAN.
PTTTsBURG, Pa, Aug. 16.-Concern
ing the tragic ending of Judge Terry
Ex-Solicitor General George a. jerks
who is now in this city, said: Il eX
pected something of the kind woul'
happen. We heard of the threats las
winter that Terry had made agains
! the life of Justice Field and the othe
judges, and the attorney general wa
: worried about it. We knew what kim
of man Judge Terry was. He cam
to California from Texas, with a bat
reputation and malignant disposition
. He was known to be man who neve
fOrgave any one, and naturally his fel
low justices have been apprehensive o
the safety of Judge Field since he sen
! Terry to Jail for contempt of court
But Justice Field is courageous MAJ
and at no time did he express an
fears. / heard him say last white
that he would attend to his duties il
; California as he had always done. HI
would go every place where he haC
work to do, and he would not go out o.
his way to avoid Terry. l think thu
Justice would have defended himself
too, if it had been necessary. He il
not one of those to stand idly by wheI
his life is in jeopardy"
Had the attorney general a right t.