The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-08-15

as q HANCOCK elecUOr, alJuOuRu MS dsSOci-
ates we're elected. In September, 1888, he
was sent to Jail for six months for contempt
of court by Justice Field.
JUDGE FIELDS STORY OF THE TRAGEDY.
The sutherland overland train arrived
at the One Hundred and Sixty-eighth street
station in Oakland shortly after IL o'clock
this morning. A great crowd had collected,
telegraphic intelligence Of the Lathrop
tragedy having preceded the arrival of the
train, and the sleeping car in which
Justice Field was sitting was at once
besieged by United States officials
and newspaper men. Justice tleld
maintained his quiet demeanor, aud replied
to the press representatives when asked to
narrate the particulars of the shooting, as
follows ~ can tell you the story in few
words. For the last few months al manner
of reports, both public and personal, have
reached me that Judge Terry had threat
ened to subject me to some indignity if he
shoulp happen to meet me.
UNDER GOVERNMENT PROTECTION.
"'This fact caused the United States
marshal to decide to provide such protec
ton as he could during my stay in this
state. When started for Los Angeles, to
hold court, Deputy Maggie accom-
quiet. gentlemanly official. though
only met him twice while away from Los
Angeles He asked me III that city when /
intended to return, and accompanied ME,
taking & seat in the sleeping car opposite
to me. We heard this morning that Judge
Terry and his wife were on the train, but
paid 10 attention to the fact When we
arrived at Lathrop we entered the eating
station to get breakfast. | took
seat at the end of tine
table, while Deputy Nagle sat on
one side of me. Judge Terry anu his wife
came in the room sooa after. As soon as
she saw me she went out cf the room, as |
afterward learned, going to the car for her
sachel. Judge Terry rose, and supposed
he intended accompanying her. Instead of
doing so, be walked back of me, and struck
me heavy slap in the face.
COMPLETELY AsToNIsHED.
81 was completely astoniShed, and, see
ing he was making ready to strike again,
Deputy Nagle cried out, Stop stop but
| Judge Terry did not desisG, and as he was
| raising his arm the second time, Deputy
Nagle SHOT at him, the bullet entering his
heart. He fell to the floor, Deputy Nagle
shooting a second tune, but the second shot
did not strike him. Deputy Nagle was ar
rested at Tracey and taken to Stockton to
| await the result of the inquest. That is the
simple story as far as | am aware of the
facts said the justice in conclusion.
| BY ATTORNEY GENERAL MILLER's ORDER
Protection was accorded to Justice Field,
| it is claimed, by authority of United States
Attorney General Miller. who telegraphed
| from Washington to the marshal of this
| district to see that the person of Justice
| Field was protected at any hazard.
| The order extended also to Judge
| Sawyer, of the United States circuit
court in this city, upon whom Mrs. Terry
made personal assault last year, while on
railway train accompanied by Judge
| Terry. The order was based upon this fact,
and upon the threats declared to have been
made openly by Judge Terry against Jus
| tice Field.
TERRY GIVEN FULL WARNING.
| Deputy Marshal Nagle 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 fired at
| Judge Terry as the latter was about to
| strike the second time.
| Justice Field left the Overland train at
Oakland ferry and drove at once to the
! Palace hotel, where he was joined by his
wife. He was not arrested and the notice
| sent by the district attorney of San Joa-
quin, if forwarded in that form, was not
carried out.
MRS. TERRY HAD A PISTOL.
| A passenger who was on the train at
Lathrop says that when he heard the shoot
ing he rushed out OF the car and saw Mrs.
| Terry with a sachel in her hand. She was
| trying TO open it, and he took it from her.
She tried TO gain possession Of it again, but
failed. When the sachel was opened after
| ward pistol was found in 1t.
NAGLE's RECORD
David Nagle, the deputy United States
marshal who killed Judge Terry in 1881,
received the appointment as chief of police
of Tombstone. While engaged in that
position he had frequent encounters with
| the criminal element and soon earned for
| himself the reputation of bong man of
indlsputable courage and bravery. He shot
and killed Mexican desperate ia Tomb
| stone after fierce encounter. Chief Nagle
| was appointed deputy marshal here a year
| ago, and when Judge Terry made
the assault on Marshal Frank last
September Deputy Nagle disarmed him.
THEIR LIVES IN JEOPARDY.
The following facts were submitted to
Justice Field this afternoon and declared by
him to be a correct statement of the
circumstances that led to the shoot
ing: During Judge Terry's confne-
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. 1t is believed that had
Judge Sawyer resisted the insult Judge
Terry would have killed him. Judge
Terry's 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, whereupon Atttor-
ney General Miller ordered Marshal Franks
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 protection of the marshal's
officers.
WOULDN'T CARRY ARMS.
When asked if he intended to carry arms
to defend himself he said: mo, l do not
and will not carry arms, for when it is
known that the judges of courts are COM
PEELED to arm themselves for defense
from assaults offered in consequence OF
their judicial action it will be time to dis
solve the courts, consider the govern.
ment failure and let society lapse into
barbarism."
Notwithstanding his objection to protec-
tlon, the marshal declared himself subject
to the order of his superior officer, A ttorney
General Miller, and deputized Mr.. Nagle
TO keep within reach of Justice Field,
ready to carry out the orders Of
the department Of justice. In an interview