The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-08-21
DIED WITH HIS BOOTS ON.
CALIFORNIA; Ex-cHIEF JUSTICE.
Judge David S. Terry Shot and Instantly
Killed By q. s. Deputy Marshal For
Insulting U. 5. Supreme Judge Field
He Had Right To Shoot.

SAN FRANCISCO, Aug. 14-David S. Terry,
ex-supreme justice of California, was shot and
killed at 7:3O o'clock this morning in the rail-
way eating station at Lathrop, Cal, by Deputy
L. 5. Marshal David Nagle. The shooting was
the result of a personal assault which Judge
Terry was making upon Justice Stephen J.
Field Of the U. S. supreme bench, while the
latter was seated at the breakfast table. Judge
Terry had approached Justice Field from the
rear and slapped the jurist in the face with his
hand, and was in the act of striking him
second time when Deputy Nagle, who had
warned Judge Terry to stop the attack, drew
his revolver and shot Terry through the heart,
killing him instantly. The deputy was acting
rs body-guard to Justice Fields, under strict
orders emanating from the department of JUS
tice at Washington to protect the person of
the jurist from personal assault at all hazards.
An attack had been deemed probable, owing
TO frequent threats attributed to Judge Terry
and owing to the latter's known temper and
the fierce quarrels which had marked his pub
lie career in California. He was known TO en-
tertain a deadly hatred toward Justice Field
which feeling was supposed to have been
spuued by his wife, Sarah Althea Terry, who
claims to be the widow of the late II. S. Sena-
Stor Sharon and who has been endeavoring to
prosecute her claim to his estate in state and
federal courts. A decision rendered by Justice
Field, sitting in banc with two other federal
judges last September was adverse to her inter-
ests, and she was the means of creating scenein
the q. s. court room on that occasion, which
threatened to terminate in tragedy. She was
ordered into custody by the court for
aft iufa Ind EsaI1
when delivering his decision, charging him
with being corrupt. She struggled with the
balliis when they attempted TO remove her by
force. and had an active ally in Judge Terry,
who drew dagger, but was disarmed by the
same deputy, at whose hands he to-day met his
death.
For this act Judge Terry was sent to Jail for
six months for contempt. When this occurred
statements were publicly attributed TO Judge
Terry, declaring that he would have personal
settlement with Judge Field if he ever had
occasion to meet him when released from arrest
These statements coming from the man who
had killed I. ;. Senator Broderick in a duel,
who was popularity supposed to be constantly
armed and marvelously proficient in the use
of weapons, was regarded as no light statement
The remark was certainly current throughout
California that If Judge Terry met Justice Field
In public tragic scene would undoubtedly fol-
low.
Justice Field ignored all propositions to arm
himself, declaring, according 10 his statement
to-day, that If Justice of the supreme court of
the United States could not travel through his
circuit in performance of his official duties
without protecting himself against assault, be
would accept any consequence which might |
result 10 himself. The u. 5. marshal of the
district, under the authority of the department
OF justice, however, assigned a deputy TO ac-
company Justice Field, and Deputy Nagle ac-
eompanied him TO Los Angeles, and was at his
side when Judge Terry approached and struck
Justice Field this morning. Whether Judge
Terry was aware OF the presence of the deputy
Is not known. Although warned TO not strike
again by Nagle, ne had aimed a second power
4-5iow at Justice Field, who still sitting |
in his chair but before the blow could be de- |
liversd he fell TO the floor a dead man.
When Mr.. and Mrs. Terry entered the res
taurant and took seats Mrs. Terry recognized |
Justice Field almost instantly, and at once left |
the room, going TO the sleeping-coach and re- /
turning again toward the dining-room with e |
sachel IN her hand. She was met at the door |
by the proprietor of the restaurant who knew /
all the parties, and refused her admission. In /
the meantime Judge Terry had sat at his table, |
never taking his eyes from Justice Field and |
and finally rose and walked toward the door, |
passing in the rear of Justice Field. When op- |
posite the latter he turned and struck him |
from the rear in the side of the face.
Deputy Nagle rose and cried out: "Stopw |
stop" but Terry had raised his clenc6ed
fist for another blow when the fatal /
shot was fired. A second shot Immediately |
followed, but the ponderous form of Terry |
had fallen to the floor. He did not utter a |
word. The alarmed people in the room i'm /
mediately left, while Deputy Nagle announced |
TO everybody that he was G. s. officer in /
the performance of his duty, and warned every
one not to molest him. He and Justice Field |
then returned TO the sleeping car. In the /
meantime Mrs. Terry returned to the dining /
room, and when made aware OF the death of /
her husband made an attempt to board the /
sleeping-ear. Her sachel, which was taken /
away from her, was found to contain a revol-
yer. She appealed TO the crowd to make an
attack on the car and seize Justice Field con-
tending he had killed Judge Terry.
The overland train resumed its journey to
this city arriving here shortly after II o'clock,
when Justice Field Joined his family.
The body Of Judge Terry was taken to Stock
ton, ten miles distant, where Deputy Nagle /
was also taken under arrest by state officer,
70 attend the inquest.
Judge Terry and wife had gone on board of
the overland train at Fresno, soath of Lathrop
which had been their home for several years.
JUSTICE FIELDS ACCOUNT.