New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-09-04
JUSTIFYING DEPUTY MARSHAL NAGLE.
PROCEEDINGS IN THE HABEAs CORPUS CASE
BEFORE JUDGE SAWYER.

PROCEEDINGS IN THE HABEAS CORPUS VASE
BEFORE JUDGE SAWYER.
San Francisco, Sept Stalking Of testimony in the
habeas corpus proceedings IN the case OF Deputy
Marshal Nagle who shot and killed David Terry al
fathrop recently, was begun in the United states
l,T,,. Co,,r, ,cfore Judre SAWYER today. The
state of ,nfornia was represented by AtoTney-Gen-
eral Johnson The counsel FOR the defence in opening
the case made long statement Of the circumstances
which led to the killing of Judge Terry and gave
ynopsis Of what the defence proposed to prove by the
witnesses WHO were 10 be examined lie SAID IL
would be proved that the life Of Justice Field had been
threatened long prior TO the assault IN the dnngsaoon
at Lathrop and that Maggie, IN shooting Terry hau
every reason to belv6 that unless he did so these
threats would bo carried out. In acting as he did,
would be shown that he merely did his duty as sworn
officer Of tho law.
Attorney e encIal Johnson said that ho appeared
for tbe state and desired arrange FOR the argument
as 10 jurisdiction Of the Federal Court, which lie con
sldcred the main point IN the proceeding. lie sad
that he would not appear at the examination OF the
witnesses. but would De prepared TO argue tho ius-
liction point neNt week
wltnc ses were called who rec!ted the details oil
tie attack made upon judge SAWYER when his hair
was pulled by Mr.. Terry the train between Los
Angeles and san Francisco over year ago. Judge
Van Dyrc Of Los Angeles, was the first witness.
lie testified that he was a passenger In the same
car with Judge sawyer ana The lcflSS.
W. NJ Coles Of this city, who was also pa'Senr
ger on the car, coroboratcd Judge van Dykes &C.
count Of the affair and said that after Mrs Terry
made the attack she Joined her husband In seat
near him and related what had occurred with great
deal Of gee at which Judge Terry laughed Witness
heard Mrs Terry say al viii give him a taste OF
what he is TO get hereafter. Let him render tha'
decision II he daresD lie heard Judge Terry say that
the only thing fit To do with Judge Sawyer would
be u take him out in the bay and drown him.
Marshal Franks related the Incident In the Circuit
Court room last September. when Mrs Terry Inter
rupted the reading Of Justice Fields decision. He
stated that he attempted TO her from the ROOM
when she made violent attack upon him., and Judge
Terry interfcred and drew knife. pistol was
aferward taken from Mrs. Terry's .satOhe The mar"
shall further stated that whom he presented to Terry
order committing him and his wife 10 jail, both be.
came abusive, and Tory said when ! get out OF
Jail and Judge Field returns California l Will meet
him and 1t viii not be a very pleasant meeting LOT
him"
n number Of other witnesses also testified as to
the affair in the court room. Deputy Sheriff WOOsey,
who had charge Of the Alameda County Jail while
Terry and his wife confined there, testified that
he often conversed with Terry and the latter told him
he always carried a knife lie called the judges and
maISheS ours and said he would yet live 70 see some
Of them in their graves. He was abusive OF Judge
Field An Oakland newspaper reporter testified that
Mrs Terry had told him She would probably Kill
Judge Field some day.