The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-09-06
NeAoLe's SIDE OF THE CASE.
Report of Mar>lsl Franks the shooting:
eff Terry.

of Terry.
wAsHiNGToS. Sept. 5.-In an official re-
port to the department Of Justice under
date of August II, Marshal Franks says
i'm o,ct:is nee to the instructions of the de-
partmcrt lie had constantly exercised the
utmost caution fer the protection of jus
ficc Field and Judge Sawyer from vio-
lcncc by ID. =. Terry aud wife. Of the AS
sauit in the ,.ini,iC room at Lsthrop. Mar
shall Franks says Terry struck Justice
Field twice before beri,ty Mar hal Sraglc
man of very large pi.Ssisiaa., and of vrca;
strength. his passions very apparently be-
ycnd his own control aud hc was. most
ready with the knife. weapon which h.
himself declared lac bad hahit,ialiy carried
for 30 years. Ncagie il man OF slight
build aud well Ln.w Tcrry's violent char
actcr atid skill with weapons. When he
ferry. so far from bciug deferred hy the
determined to take tie life OF Justice
Field aud his tNcaylc's, own life. Ncagic
prevented il in the only way and any rs;,-
sona.si, person couNcrsaIt with the facts
VIII pretend hecou!d have done. IL viii tie
clearly shown there wcr.. not two seconds
from Ncag,e's pistol that saved IL. Ac-
coIipanyirs the report are I, number of
exhibits containing, information in con-
proceedings. One OF them IL
pamphlet Swing an account OF III"
SaayG..' tr' II, se,,tc,nI."r. Isss. Wien Mar.hai
Franks, says Ferry desperately resisted
his officers. ticut-isliEts kuiic and cn-
d"avnrinsS to do violence. notwithstanding
the pistol of Deputy Tar.yers was lcvciSd
at his head. tic was then ovcrpowcrcd
by II nrn,i'cr of men; AZ Lathror lac had
conn ietiug his desperate enterprise with
oniy NeaG!c and Justice Field to- oppose
hiui. Another exhibit is Judge Sawycr's
narration of fats attending. ,l,, gross I'm
srti Jo him iy Mrs. Terry Ola the train he
tween Los Angeles aud san Francisco
August Il, iss.s. while ira company with
her hu hand. which las trcn tlrcaIiy px-
/ aygcrated i,y Nr-. IctTy's account of il.
The Judge says Mrs. Terry merely
twi,ched his hsir where il .wa.. short as
she passed him il. the aisle of the car. He
hardly felt it. and NO ON. bat himself. MIR.
and Mrs. Terry and a. Mr.. Cowics noticed
the action. Later on tic trip tl,. Juds,r
upon him with her rar.,sol. bat was de-
tered from attempting j, by the presence
Judge Sawyer had spoken "f the hair
pulling incident and r'sIucs,,e,l them to
observe The future action Of the TcTrys
closely. Marshal Franks denies tire.
( statements of certain papers that Nca;,ic
was a "kiilcr' of the border rriiiian type.
and asserts that his reputation was that of
/ much courage, which has been proven Oh,
! several occasions.
SAN FaANcIsoo. Sept. &. The principal
! witness in the Ncagic hal,eos corpus case
I to-day was Justice Field of the Cnitesi
I States supreme court. lie detailed events
in connection with III" ease the past year
and the shooting at Latlirop. In respous.
to questions hr cNprcss,cd the opinion
that IL Maggie had not shot Terry he
ute. The expressions Terry's face when
! he raised his hand to- strike the second
time could not bc mistaken. II was full
! of malice and murder. Justice Field sic-
claresl that he never had any trouble of
any kind prior to rendering Judgment in
the sharon case. He added that the story
presidential nomination several years ago
was pure fiction.