Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-23
THE KILLING OF TERRY.
Arguments Heard in the Case Of Deputy
Marshal Maggie Yesterday.


A San Francisco special to the Philadelphia
Times says that great many Of the people who
thronged the United States circuit court room
yesterday morning expected to see Sarah Althea
ana close surveillance was kept by numerous
deputies TO exclude her from the court rooms
should she have made an attempt to get in.
She was reported to have arrived in Oakland
Wednesday night, but later advices say that
she Is at her home near Fresno Frustrated by
the exciting incidents of the week. She has
practically given up the idea OF attempting to
avenge her husbands death for the present,
but says that when the farce of trying Field
and Maggie Is over . more certain retribution
will follow.
By this she means that when the exciting
incidents Of the present are over she will at
tempt to be revenged. This is concentrated In
desire to kill Field. as she regards Maggie as .
simple tool She said in an interview last night
that she would continue to fight for her rights
as the widow of Sharon and will use all of Judge
Terry's estate for that purpose. The state
supreme court has thrown the case out Of the
court, but she will make an attempt to have 1t
restored to the calendar.
THE Governments POSITION.
When the circuit court had been opened
the United States district attorney presented
arguments on the demurrer of the district at
torney of Stockton to the jurisdiction of the
United States. by filing Judge Fields traverse
to the sheriffs warrant. This document con-
tanned formal admission OF the Justices pres
ence at the shooting, and charges that there
existed conspiracy to take his case to place
(Stockton) where he would be subjected to in
dignation and where the conspiiators might
compass his death. The document concludes
as follows:
The said conspiracy is a crime against the
United States under the laws thereof and was
to be executed by an abuse of the process of
the state court two of said conspirators being
officers of the said county of San Joaquin, one
the district attorney, and the other Justice of
the peace; the one to direct and the other to
issue the warrant upon which your petitioner
could be arrested, and your petitioner further
AYERS that the accusation of crime against him
upon which said warrant was issued is mali
cious and malignant falsehood for which there
Is not even pretext; that he neither advised
nor had any knowledge of any intention of any
one to commit the act which resulted in the
death OF David 8. Terry. and that he has not
carried or used any arm or weapon of any kind
for over thirty years. Wherefore your petit
TONER prays that he may be discharged from
said arrest and set at liberty.
1t was then decided to set the arguments in
the case for next Tuesday.
THE CASE OF NAaLE.
After the question Of arguing Justice Fields
case next Tuesday had been settled Gen. Carey
read traverse in Nagle's case. 1t simply
averred that David Maggie had been a deputy
United States marshal since the 18th of June,
1889, and that he was illegally restrained OF his
liberty for the alleged crime of murder. 1t
then went on to state that Maggie had acted I'M
der the instructions of the Attorney General OF
the United States and the United States mar
shall in shielding and protecting Justice Field
and recited the facts that led up to the death of
David s. Terry.
onment is in violation Of the law of the United
States in this: That he is in custody for an act
done in pursuance of law of the United States
in protecting and defending Justice Field of
the United States Supreme Court Nagles case
was set for the Tuesday following the Field
hearing.