St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1889-08-22
JUDGE TERRY SHOT.
He assaults Justice Field and is Killed
by Marshal NaeIe.-The End of the
Slayer of Broderick.

Slayer OF BroderTcE.
Judge David S. Terry was shot and
killed by Deputy United States Mar
shall David Nagle at Lathrop, Cal.
Wednesday morning. Upon the ar
rival of the Southern overland train
at 72O O'Clock, Justice Stephen ]
Field of the United States supreme
court and Deputy Marshal Magic
walked into the depot dining-room
for breakfast, and sat down side by
side. Soon after Judge Terry and
wife came in also. They were pro-
ceeding to another table, when Mrs
Terry, evidently recognizing Justice
Field, did not sit down, but retired
to the train for some unknown pur-
pose Before she reached it, how
ever, and as soon as she had left the
dining-room, Judge Terry approached
Justice Field, and STOPPING over him
slapped his face. At this juncture,
Deputy Marshal Nagle arose from
his seat and shot Judge Terry
through the heart. AS he was fall
ing the deputy marshal shot again
but missed him, the bullet going
through the floor.
After the shooting Nagle backed
up against the wall of the dining
room and warned every one not to
arrest him, saying he was a United
States officer in discharge ofhis duty.
There was no semblance of an at
tempt to modest him. Justice Field
and Deputy Marshal Nagle retreated
to a sleeping car where they were Sc
curely locked within The train pulled
out and Constable Walker entered
the sleeper and was carried away on
board the train. Constable Walker
took the deputy from the train at
Tracy and proceeded with him to
Stockton and placed him in Jail.
Judge Fields Story of the Tragedy.
On arrival of the train a great
crowd was gathered. Justice Field
maintained his quiet demeanor, and
replied to press representative,
when asked to narrate the particu-
lars of the shooting, as follows; Il
can tell you the story in a few words.
For the last few months all manner
of reports, both public and personal,
have reached me that Judge Terry
had threatened to subject me to some
form of indignity if he should hap
pen to meet me. This fact caused the
United States marshal to decide to
provide such protection as he could
during my stay in this state. When
l started for Los Angeles, to hold
court, Deputy Nagle accompanied
me. He seemed to be quiet, gentle
manly official, though l only met him
twice while away from Los Angeles.
He asked me when in that city when
| intended to return, and accompan-
led me, taking a seat in the sleeping
car opposite to me- We heard this
morning that Judge Terry and his
wife were on the train, but paid no
attention to the fact. When we ar
rived at Lathrop we entered the eat
ing station to get breakfast. l took
a seat at the end of the table, while
Nagle sat on one side of me. Terry
and his wife came in the room soon
after AS soon as Mrs Terry saw
me she went out of the room, as
afterward learned, returning to the
car for her satchel. Judge Terry rose
and supposed he intended accom-
panying her Instead of doing so,
he walked back of me and struck me
a heavy slap in the face. l was COM
pletely astonished and seeing he was
making ready to strike again, Maggie
cried out, stop, stop but Terry did
not desist, and as he was raising his
arm a second time, Maggie shot at
him, the bullet entering his heart. He
fell to the floor, Maggie shooting a
~, Il. /. i
not strike him. Deputy Maggie was
arrested at Tracy and taken to
Stockton to await the result of the
inquest"
Protection was accorded to Justice
Field, it is claimed, by authority of
United States Acknowledgement Mil
Ter, who telegraphed from Washing
ton to the marshal of the district to
see that the person of the justice was
protected at any hazard. The order
extended also to Judge Sawyer of the
United States circuit court at San
Francisco, upon whom Mrs. Terry
made a personal assault last year,
while on a railway train, accom-
panied by Judge Terry. The order
was based upon this fact, and upon
threats declared to have been made
openly by Terry against Justice Field
Deputy Marshal Maggie 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 Terry
as the latter was about to strike a
second time. Justice Field left the
overland train at the Oakland ferry
tel, where he was joined by his wife.
He was not arrested.
A passenger who was on the train
at Lathrop says that when he heard
the shooting he rushed out of the car
and saw Mrs. Terry with a satchel
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 satchel was opened
afterward a pistol was found in it.
David Maggie, the deputy United
States marshal who killed Terry, is
well known at San Francisco. In
the '7O's he went to Arizona, and in
1881 received appointment as chief
of police of Tombstone. While occu-
pying that position he had frequent
with the criminal element,
and by his behavior soon earned for
himself the reputation of being a
man of undisputable courage and
bravery He shot and killed a Mexi-
can desperate at Tombstone after
fierce encounter. Nagle was appoint
ed deputy marshal year ago and
when Terry made the assault on
Marshal Franks last September Ma
gle disarmed him. Reports circulat-
ed that Terry intended doing Justice
Fields some injury when they met
caused Nagle to be detained to act as