The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1889-08-22
Why He shoT.I

Why ne SHOT,,
Deputy Marshal Magic Tells the Story Of
Terry's Killing, and Gives His Excuse
for His Aotion-Hs IL Transferred TO
Federal Custody-Ths Qusstloa Of JuPis-
diction to BE Argued ON Thursday.
SAN Francisco, Aug: 19-Deputy Mar
shall Maggie. who shot and killed David 8.
Terry at Lathrop last Wednesday, was re-
moved from jail at Stockton by Sheriff Cum
bingham an hour before daylight Saturday
morning and brought to this city on spe.
cfal train. This proceeding was based upon
writ of haboas corpus issued by, Judge
Sawyer, of the United States Circuit Court,
Friday directing sheriff Cunningham to
produce Maggie In the Circuit Court ut IL
o'clock Saturday morning.
Maggie was taken from tho Stockton jail at
an early hour in order to avoid tho excite
ment which his removal during the day
might have occasioned. A great number
of persons were present in the circuit
courtroom when Maggie appeared Attor-
ney Mcguire introduced District Attorney
White, of San Joaquin County, and said
they appeared conformity to oppose tho re-
lease of Maggie by the Federal authorities.
The attorney, after reading papers con-
nectod with the proceedings, entered q
general protest to the order Of tho court
claiming that 1t was beyond the 1uris-
diction of the Federal courts to
take from the custody of tho
State officials q person who had been az
rested for the commission of crime within
the States Jurisdiction and against the
State laws. IF tho court please" said At
tOrney Mcguire, I'VE desire formally to
protest against any requirement. Of
the court to tho sheriff of San
Joaquin County to bring q person held
under State authority into this court
on q writ of habeas corpus The prisoner,
however, has been brought into court out
of Difference to the court by the sheriff,
and the sheriff now presents his return to
the writ" The attorney then proceeded
to read the written return. I'VE
shall take the position on behalf Of
the people of the State of Cali
tornia," he said, that MI. Maggie il in
the custody of the State authorities,
and the Federal courts have no jurisdiction
to take a prisoner from the custody of tho
State officials The objection gives rise to
very important question which we are not
1T present prepared to argue" Judge Saw
yer said:
The claim on the part Of tho prisoner IL that
the acts complained of were committed in the
performance of duty under the laws of the
United States, and by reason OF that he has
been brought within the jurisdiction of this
court. We recognize the necessity OF your be.
ing thoroughly prepared for argument and
probably for ascertaining facts. It perhaps
week to give counsel an opportunity to decide
what is the proper course to pursue"
After comforting the lawyers decided
that they would be ready to argue the
questions raised next Thursday and hear
ing was set for that date. Deputy Maggie
was returned to jail under the custody OF
the sheriff.
A despatch was received here Friday BY
United States Attorney Carey from the De-
partment of Justice at Washington, in.
structing him on behalf of the United States
Government to assume the defense of Dep
uty Marshal Maggie who shot Judge Terry
last Wednesday.
Maggie talked freely with intimate &C.
quaintances about the shooting. To one he
said:
II went down to Los Angeles expecting
trouble. You all know how Terry has been
making threats against Justice Fields life.
Coming back I staid up passing Fresno, for
thought Judge Terry might board the train
there and he did SO with his wife. stood out.
side OF the platform and they passed within si1
inches OF me. Sarah had the hand sachel in
which she always carried her pistol, and ]
anew there would be trouble before we go1
home, so went in and told tho Judge that
Terry had come on board You know all the
rest about how Terry strobe into the restau
rant when we were at breakfast Field had
his back to him and was sitting so could sec
every one that came into the room.
TERRY walked right up behind the old mar
and slapped him. and as he did so jumped a
and said: Here, stop that; I'm an oficel
Of the law I had not time to say much, fol
Terry meant business and struck tn.
Judge again, and was going for his knit,
when let him have it. The whole thing va,
| over in a couple OF seconds, and only dit
my duty. You all know what Terry was
He was twenty years an older man tina,
me- but II I'd got to close quarters Will
him some months ago down in the Unite,
States Circuit Court when he drew his bowl,
| knife on the marshal that arrested his wife TO-
! insulting Field, and six Of them could not holt
him down. A couple Of them had six-shooter.
at his head, but that did not stop him.
Everyone knows that you couldn't bluf
Terry with a pistol any more than mad bull
Away back in vigilant days when Hopkin.
tried to arrest him and scare him with SIX
shooter didn't he whip out his bowie and le1
Hopkins have it right in the neck ant
| it was a closer call than I'd want 1t ISM
long ago since Terry testified on oath that he
always carried bowie, and he had one the
other morning in his breast where he
always carried 1t. He never went without it
and he was dangerous man with knife be.
cause he was so strong and active for his size.
"Now they say I ought to have tried to stop
Terry from assaulting Field without shooting
him. Suppose I'd been sucker enough
to have fooled with man like that
and while he had his hand actually
have happened? I'd have looked nics
coming back as an escort to q dead Justice OF
the Supreme Court. What kind of reception
do you suppose I'd have got If brought Justice
Field back dead! might as well 60 and jump
OF the dock at once. I'm satisfied that Terry
was there to kill Field If he moved muscle,
and how could a man sit still, no matter how
old he is, and have MS face slapped in the
presence of o room full of people. When spoke
to Terry toi'stop he paid no more attention
than ii o child had spoken, and IL had hest
tated there would have been different ending
to the affair. I'm sorry for the old man. Blu,
it was my duty and had to do it.
Some one asked about Sarah Althea'.
statement that Terry was unarmed Maggie
smiled and said:
"Terry was armed right enough. He had hls
with INN when WE ne but Sarat
prised guess, to notice her actions, but saw
her as she put her arms around Terry take the
knife. Before the shooting she went back her
self to the train to get her sacnel SO as TO have
now, and I'd have to do the same thing again,
for did only my Duty
SAN Francisco, Aug. 19-The Supreme
Court of California last July reversed the
decision in the Sharon-Hin-Terry divorces
case and remanded the case for q new trial
Mrs. Terry, before tho Supreme Court, ap
piled for a rehearing to have the order to,
new trial set aside. The application wa
refused Friday by the Supreme Court
PEOPLE OF ALL LANDS.