Sacramento daily record-union., 1889-09-04

Taken Up in the Federal Cour-The As
sauIt on Judge Sawyes~.
SAN Francisco, September 3d.-The Ma.
gle case was taken up again by Judge Saw
yer, sitting in the United States Circuit
Court this morning. The Court at its last
sitting in the case announced that the tes-
timony of the witnesses of to-day would be
taken before Judge Sawyer in the cham
bers, but owing to the hot weather the
Judge decided to hold open Court.
Since the last hearing of the case the
Terry side suffered the loss of its principal
attorneys, leaving Mrs. Terry without legal
advisers to push the case against Nagle.
This circumstance caused Attorney General
johnson of Sacramento to announce that
he would appear on behalf of the prosecu.
ton in the event of the other prosecuting
attorneys failing to appear. According to
this announcement the AttorDey-General
was on hand this morning, taking the
place of the United States District Attorney
who has orders from the United States At
torney- General to defend Nagle, the latter
being Government officer, and being en-
titled to the right Of calling to his assist
ance the District Attorney.
The most conspicuous figure in the
Courtroom this morning, aside from
Nagle, was that of Justice Field, who occu-
PASA Il scat III Jul DOAi pg
his friends and acquaintances, among
whom were Colonel Stevenson, Jesse D.
Carr, ex- Senator Cross and Judge Curry.
Attorney Herrin, when the case was
called, suggested to the Court that as the
case was about to come up it would per-
maps be advisable to review the entire case
and the cause of the killing of David S.
Terry, and acting upon his own sugges-
ton, made g complete but brief review of
the case.
THE STATES POSITION.
Acknowledgement Johnson replied to the
learned counsel of the petitioners. He
gave notice that he would, as Attorney
General of the State, appear in the argu-
ment upon the question of jurisdiction,
but would take no part in the taking of
testimony, although he would appear with
the District Attorney of Stockton in the
argument of the case next Tuesday. The
Attorney-General then retired, leaving the
Terry side without a representative, when
Attorney Herrin. for the petitioner, COM
menced introducing evidence tending to
show the previous character of the Terrys,
and the matters connected with the suits
against theEharon estate.
The first witness called was Judge Wal
ter Van Dyke Of Los Angeles, by whom it
was desired to show the violent character
of Mrs. Terry, and to recite the incidents
connected with the assault on Judge Saw
yer by Mrs Terry on the overland train
from Los Angeles. The witness gave a very
interesting account of how Mrs. Terry had,
while passing the Judge, pulled his hair
and acted in a violent manner.
Judge Sawyergli listened to the account of
his experience with Mrs. Terry without
any apparent concern, but those present in
Court listened to 1t with very noticeable
eagernesS.
William NJ Colt was the next witness
called. He was an occupant of the same
car in which Judge Sawyer and Judge and
Mrs. Terry were sitting. He testified that
from the time
TERRY AND HIS WIFE
Entered the car the latter kept up q con-
tinued conversation with her husband
during which she repeatedly nodded her
head in the direction of Judge Sawyer
He witnessed Mrs. Terry walk past the
Judge, and when behind him pull the hair
on the back of his head severely The
witness also heard the conversation be-
tween Terry and his wife. Terry cautioned
his wife not to assault the Judge at that
time as there were witnesses in the car
He also heard Mrs. Terry remark that she
would show Judge Sawyer what was in
store for him if he decided the Sharon case
against her. Terry remarked that the best
thing to do with Judge Sawyer would be
to throw him into the bay. Mrs Terry's
actions caused the witness to believe fha5
she was anxious to assault the Judge again,
but was being restrained by her husband
who feared that there were too many wit
nesses in the car.
Marshal Franks followed witness Colt
His testimony referred to the scene in the
District Court year ago to-day. which re-
suited in the arrest and confinement of
Terry and his wife for contempt.
Mrs. Terry's actions were boisterous and
threatening toward the Judges, and her
husband as well as herself was continually
making threats. Mrs. Terry was profane
in her remarks, and she referred to Justice
Field as bald. headed ----"
The knife taken from Terry by Nagle
during the scuffie in the corridor after the
scene in the Courtroom was produced as
evidence, as was also the pistol found in
Mrs. Terrys satchel.