Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-15
THE CALIFORNIA TRAGEDY.
Further Particulars of the Shooting of
ex-Judge Terry.

Hufthef Farticulars Oh the shooting Of
ex-Judge Terry.
pxpurr MARSHAL sAoLE WARNED HIM 10 prsrs1
Brroax HE FTRED-HE WAS PROTECTING TEL
JUDGE UNDER INSTRUCTIONS OF THE ArroRNEy
oExxRAL-sKEToH OF rERRY's sroRNY cAaRrn
The news OF the shooting Of ex-Judge Terry q,
the railway depot at Lathrop, CAL. during an at.
tempt to provoke a personal alteration with
Justice Field Of the United States Supreme
Court, caused great excitement in San Fran
cisco. where the possibility Of an encounter be-
tween the two men had been recognized ever
since the imprisonment of Terry for contempt
OF court ten months ago. owing to the known
temper Of the man who killed United States
Senator Broderick in the early days::of Cali
fornia.
Terry was married to Sarah Althea Hill, who
claimed to be the wife Of ex-senator Sharon.
while prosecuting her claim against the Sharon
estate. This brought him into a resentful stsi-
tude toward Justice Field, who last year rem
dered decision in the United States circuit
court denying her claim to be the wife OF
Sharon.
Mrs. Terry created scene in court during
the reading of the decision. charging Justice
Field with being corrupt, and as she refused to
remain quiet Justice Field directed that she
be removed from court When a deputy at
tempted to carry out the order of the court
she became involved in personal quarrel
with that official and Judge Terry lnterfered.
drawing a dagger from his vest DE was dis
armed and both Terry and his wife were
adiudged in contempt and committed to jail.
In the meantime Justice Field came to
Washington to resume his duties on the bench,
returning to San Francisco six weeks ago.
Newspaper articles were printed intimating
that il would be dangerous for Justice Field
and Judge Terry TO meet personally, as II was
thought the latter might insult the former.
while the fact was also recognized that Justice
Field would be quick TO resent an attack from
Terry, knowing il could only result fatally to
one or the other, in view of the latter's record.
Whether Judge Terry had intended to pro-
woke Justice Field and draw a weapon before
the latter could turn, it is of course not known.
as Deputy Marshal Maggie who sat opposite, pre-
vented this by firing, resulting in the instant
death of Terry.
JUSTICE FIELDS VERSION OF THE AFFAIR.
When Justice Field arrived IN Frisco he
gave the story of the shooting as follows:
Il can tell yod the story in a few words.
For the last few months all manner of reports
both public and personal. have reached me
that Judge Terry had threatened to subject
me to some form of indignity if he should hap
pen TO meet me. This fact caused the United
States marshal TO decide to provide such pro-
lection as he could during my stay In this
state. When started for Los Angeles to hold
court Deputy Maggie accompanied me. He
seemed to be quiet gentlemanly Official
though only met him twice while away from
Los Angeles. He asked me in that city when /
intended to return and accompanied me, taking
9 seat in the sleeping car opposite to me.
I'VE heard this morning that Judge Terry
and mis- wife were on the train but paid no at
tention to the fact. When arrived at Lathrop
We entered the eating station to get breakfast.
took q seat at the end of the table, while Nagle
sat on one side of me. Terry and his wife came
IN the room soon after. As soon as she saw me
she went out of the room. / afterward
learned. going to the car for her satchel- Judge
Terry arose and ! supposed he intended ac-
companying her.
instead of doing so he walked back Of me
and struck me heavy slap in the face. was
completely astonished. and. seeing he
making ready TO strike me again, Maggie cried
out. Stop, stop but Terry did not desist and
as he was raising his arm a second time Maggie
shot at him. the bullet entering his heart. He
fell to the door, Maggie shooting second time.
but the second shot did not strike him. Maggie
was arrested at Tracy and taken to Stockton to
await the result of the inquest.
That Is the complete story as far as am
aware OF the facts" said the justice in con-
clusion.
The following facts were submitted to Judge
Field yesterday afternoon and declared by him
TO be a correct statement of
THE CIRCUMSTANCES THAT LED TO THE SHOOTING.
During Judge Terry's confinement in the
county jail he threatened, upon his release, to
take the lives of Judges Field and Sawyer.
Prior TO the contempt of court for which he
was in prison Mrs. Terry, in his presence, had
made an assault on Judge Sawyer in Pullman
car. II is believed that had Sawyer resisted
the insult Terry would have killed him. Terrys
threats were SO publicly made that they
reached the ears of Justice Fields colleagues
on the Supreme Bench, and were made known
TO the Department of Justice in Washington,
NJ ~.
United States, head of the Department of JUS
tice and as the superior officer of United States
Marshal Franks, ordered the latter to take
whatever measures were necessary to protect
the persons Of Justice Field and Judge Sawyer
from assault On his arrival in California to
hold court in this part of his circuit Justice
Field objected to being put under the protec-
ton Of the marshars officer.
When asked if he intended 10 carry arms to
defend himself, he said: .'No, / do not and
viii not carry arms, for when it is known that
judges Of courts are compelled to arm them
selves for defense of assaults offered in conse-
quence of their judicial action it will be time
to dissolve the courts consider the government
failure, and let society lapse into barbar-
ism"
MARSHAL DESIGNATED TO PROTECT HIN.
Notwithstanding his objection to protection
The marshal declared himself subject to the or
der Of his superior officer, Attorney General
Miller, and deputized Mr.. Nagle to keep within
reach Of Justice Field. ready to carry out the
orders Of the Department of Justice.
Protection was accorded to Justice Field, il
is claimed, by authority of United States Attor-
ney General Miller, who telegraphed from
Washington to the marshal of the district to
see that the person of the justice was pro-
tected at any hazard The order extended
also to Judge Sawyer of the United States cir
cult court in this city, upon whom Mrs. Terry
made personal assault last year while on a
railway train, accompanied by Judge Terry
The order was based upon this fact and upon
threats declared TO have been made openly by
Terry against Justice Field. Deputy Marshal
Maggie was directed to accompany Justice Field
under this order, and is said to have given
Judge Terry full warning to stop when the
latter began his attack upon Justice Field. and
hred at Terry as the latter was about to strike
second time.
Justice Field left the overland train at the
Oakland ferry and drove at once to the Palace
hotel, where he was Joined BIZ his wife
passenger who was on the train at Lathrop
says that when he heard the shooting he rushed
out OF the car and saw Mrs. Terry with satchel
In her hand. She was trying to open it and he
took itfrom her. She tried to regain possession
Of il again but failed When the satchel was
opened afterward pistol was found in it.
SAGLE's REPUTATION FOR NERVE
David Maggie, the deputyUnitedS States marshal
who killed Terry, is well known in San Fran
cisco. In the latter part of the '7Os he went to
Arizona, and in 1881 received the appointment