Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-08-22

for Assauising u supreme Court
Judge.
LATHRoP, CAL, Aug. 14.-Ex.Judge
David y. Terry was shot and killed by
Deputy United States Marshal David
Nagle at the breakfast table in the depot
hotel here this morning. Upon the ar
rival Of the Southern overland train at
7.20 O'Clock this morning United States
Supreme Justice Stephen j. Field and
Deputy United States Marshal David
Nagle walked into the depot dining.room
for breakfast and sat down side by side.
Soon sfterward Judge David 8. Terry
and wife, formerly Sarah Althea Hill,
came in. They were proceeding TO an
other table when Mrs. Terry, evidently
recognizing Justice Field, did not sit
down, but retired to the train for some
unknown purpose. Before she reached
it however, and ss soon as she had left
the dining. room, Judge Terry approached
Justice Field aud, stopping over him,
slapped his face. At this juncture Dep
uty Marshal Eagle arose from his seat
and shot Judge Terry through the heart.
As he was falling the deputy Marshal
fred again, but missed him, the bullet
going through the floor. Both shots were
fired in vesy quick succession.
The ex-judgs never uttered a sound
after being shot. He had hardly fallen
when Mrs. Terry rushed to the side of
his body and threw herself upon il. Then
ensued scene of the widest excitement.
People rushed from the dining-room and
others rushed in. During this time JUS
tioe Field and Deputy Marshal Nagls
retreated to sleeping car, where they
were securely looked within. At times
Mrs. Terry would call upon the citizens
to arrest them. Before tho train pulled
out Constable Walker entered the sleeper
and was carried away on board the train.
He informed the crowd that he knew his
duty aud would perform it. During the
time the train was standing at the depot
Mrs. Terry was running wildly, alter
nately from the body OF her husband to
the sleeper, demanding admittance that
she might slap Justice Fields face, and
at the same time begging that they be
detained and have their examination
here. Previous to the entrance of Con-
stable Walker into the sleeper Sheriff
Purvis and the deputy of Stanislaus
county had already taken charge OF
Deputy United States Marshal Nagle.
After the shooting Deputy United
i the wall of the dining room and warned
every one not to arrest him, saying he
was United States officer in the dis.
! charge OF his duty. There was no GEM
bl&nce or an attempt to moiest him at
any time. Constable Walker took
Deputy Nagls from the train at Tracy
and proceeded with him to Stockton,
where he in now in jail. District Attor-
nay White ordered the arrest of Justice
! Fields upon his arrival in San Francisco
aud telegrsphed the order to the sherif
! OF San Francisco.
SAN FRANCISCO EXCITED.
SAN FRANCISCO, Aug. 1.-THE an.
nouncemsntt tnat Judge David j. Terry
| had been shot and killed caused extra
| ordinary excitement in this city. The
| scene OF the tragedy is 83 miles from
/ this city by rail and is the bFeskfasting
! station for the Southern overland. The
/ possibility Of an encounter between
Terry snd Justice Field has been recog-
! nizsd ever since the imprisonment Of
| Terry Ter 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 Uaifornia.
| David 8. Terry was d one time chief
! iustioe of the supreme court OF California
and haB always been a prominent figure
in tee political history of the state. The
killing of Broderick oaused at that time
deep personal resentment against Terry
by portion OF tho people of the state
which threatened to terminate his career
in California, but ne always had q num-
hes OF aaherents and remained in the
state, though hs has only oncs or twice
been before the people for position. He
was married to sarah Aithea Hill, who
claimed to bs the wife CT ex Senator
Sharon, while prosecuting her claim
against the Sharon estate. THIS brought
HIM into q resentful attitude toward JUS
tlca Field, who last year rendered deci-
sion in the United States circuit court in
this city denying her claim to be the wife
of sharon. Mrs. Terry created scene
III court during the reading OF the dect-
sion, charging Justice Field with being
corrupt, and as she refused to remain
quiet Justice Field directed thst she be-
removed from court When deputy at.
tempted to carry out the order of tho
court she became involved in personal
quarrel with thai official, and Judge
Terry interfsred, drawing a dagger from
his vest. He was disarmed, and both
! 1erry and his wife were adiudged in con-
t6upt hut SOhuNtSN 10 Jtil- III tQo
meantime Jl tica Field went to Washing
ton to resume his duties on the bench,
returning to this city SIX weeks ago.
Newspaper articles were printed inti-
mating that it would be dangerous for
Justice Field and Judge Terry to meet
personally, as it was thought the la ter
might insult the former, while the fact
was also recognized that Justice Field
would be quick to resent an attack from
Terry, knowing it could only reeult
fatally to one OF the other in view OF the
latters record. IL Judge Terry had in
tended to provoke Justice Field and draw
weapon before the latter could turn, is
Of course not known, as Deputy Nsgle,
who sat opposite, prevented this by
firing, resulting in the instant death OF
Terry.
cHEcKERED oAREEB.
David s. Terry was born in Todd
county, Ky., in 1928. He aeryed in the
Texan army under Sam. Houston. He
came to California in 1S49, and settled
in Calaverss county. In 1866 he was
elected Justice of the supreme court OF
California, on the native American ticket,
and upon the death of Ohief Justice
Murray in 1857 Judge Terry became
chief Justice. he was opposed to the
vigilance committee of 1856, aud stabbed
one of the members OF the committee,
who had attempted to arrest Maloney, a
friend of Terry. Terry was held by the
vigilantes but was afterwards relesaed.
He killed Senator Broderiok in 1859 as a
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