Sacramento daily record-union., 1889-09-07
NAGLE'S STORY.
he Relates in Court the Circumstances
Of the Killing Of Terry.
THE HISTORY OF HIS CAREER.
How He Came to Guard Justice
Field-Claims He Was Act
ing in Self.Defense.
Ts,Ec1AI DISPATCH TO THE REcoRD-Us1os.I

United States Circuit Courtroom was
crowded as usual this morning when the
doors were opened, and before Judge Saw
yer took his seat the Courtroom was filed
to its utmost capacity. A number of ladies
occupied seats in the jury box behind JUS
lice Field, and throughout the room. They
listened attentively to every word of the
testimony, and apparently took more inter
est in the proceedings than the male spec.
tators.
Greed Raymond, general counsel for
the Southern Pacific Railroad Company,
was the first to occupy the witness chair.
The witness said that he had known Judge
Terry well after the latter's return from the
war, in 1867. The witness was present in
the Courtroom during the trouble between
the Court and Judge Terry. The affair, the
witness said, had caused considerable COM
ment throughout the State, and was decid-
edly unfavorable TO Judge Terry. Witness
had attempted to pacify Terry as he was
being led from the Courtroom, but the lat
ter had apparently failed to recognize him
and pushed him aside.
MARSHAL FRANKS FEARS.
Marshal Frank met me several times
prior to the arrival of Justice Field on the
coast" said the witness. HE told me
that be feared trouble, and asked me to
see Judge Terry and try to prevail upon
him not to make any attempt to injure
Justice Field. Marshal Frank thought
that i, going to Judge Terry as a lawyer,
would have more effect upon him, perhaps,
than an outside person, Terry, he said,
was a lawyer and a man of reason and
could, he thought, be induced to recon-
D.
rash act.
II have heard the matter discussed all
over the State. Marshal Frank during a
conversation with me expressed his opin-
ion that meeting between Field and
Terry would surely result in the killing of
the former. He said that he was doing
everything to prevent meeting between
the two men,"
The spectators and in fact all those
present in Court were taken by surprise
when the attorneys, Immediately after
Greed Raymond stepped down from the
witness stand, called David Nagle.
NAGLE's STORY.
The petitioner arose from his seat be-
bind his counsel and walked to the stand
apparently unmoved by the stir which the
calling of his name had caused, through
out the Court room. He took his seat and
maintained noticeable calmness.
ne WAS HISL as 10 MS lie, ana
gave clear and distinct account from the
date of his birth in Boston to the time of
his appointment as Deputy United States
Marshal. The witnesss account was SUBJ
stantially as has already been published in
the Post
He stated that he had known of Terry
since his earliest recollections OF San Fran.
cisco. The first time he had heard Terry's
name discussed was on the day when Cora
and Casey lNnchad hy tho
Committee
On the day that Terry had created the
trouble in the Circuit Courtroom the wit
ness had been attracted to the Court
through idle curiosity. When Terry was
thrown into chair after he had made sew
eral attempts to gain admission 10 the
Marshal's office, where Mrs. Terry had been
taken, the witness stood over him and ad-
vised him to keep cool. Terry gained his
feet and attempted TO draw his knife, re-
marking that he would carve his way into
his wiie's presence.
TERRY AS A CARVER
He again tried to have Terry keep cool,
but received an answer that he iTerryl
would carve him. Terry accompanied bis
remarks with oaths. During the scuffle
which soon after@ard followed, and when
Terry drew his knife in the corridor,
Deputy Marshal Taggart placed pistol TO
the weapon, but Terry paid no attention
to the demand. Terry was very excited,
and would listen to no advice whatever.
Get out of my way" he exclaimed to
the witness. Get out of my way, or I'll
carve you, - -y you Get away from
here"
While Marshal 1. Ield Terrv,s knife
IN position similar to that taken by Terry
during the scuffie, the witness illustrated
how he had taken the weapon from Terry's
left hand by grabbing it by the blade and
forcing the fingers OF the hand Open After
getting possession of the knife he put it into
his pocket and made his way out of the
crowded corridor. Soon after Marshal
Frank came to him and asked if he had
taken the knife from Terry, and upon re-
ceiving an answer that he had, the Marshal
demanded it.
When Justice Field arrived on this coast
Marshal Frank came to him and told him
he wanted to see him at his Office Nagle
visited the Marshal and vas rendered the
position of Deputy Marshal. Marshal
Frank told him that he had received in
sTuctIons to appoint additional deputies to
guard the Justice against any attempt upon
the part OF the Terrys or their friends TO do
him injury. The Marshal said that he
wanted TO assign the witness to this duty.
and hoped he would perform it with strict
vigilance. The witness was also instructed
TO prevent any attack upon the Justice at
all haZalds but TO take no decisive action
before announcing that he was United
States Deputy Marshal.
NAGLE GOES SOUTH.
The witness accepted the appointment
and reported to the Marshal every morning
until Justice Field departed for his SOUTH
ern trip. Pursuant to orders received from
Marshal Frank, the witness left on the s
O'Clock boat for Oakland on the evening of
August Sih, and met Justice Field on the
train on the other side of the bay. When
they met Justice Field passed the oompli
ments OF the day, and said that he believed
the witness journey was an unnecessary
one. Witness remarked that he was an
oflcer OF the Governmant and was obeying
his instruction, 10 which Justice Field adj
vised him to do his duty
The witness gave in detail the incidents
of the trip down 10 and the arrival al Los
Angeles, which have fully been published
On the day that Justice Field announced
his intention of returning to San Francisco
the witness received money from him and
secured berths on the train, and made all
necessary arrangements for the comfort of
the Justice.
When the train arrived at Fresno wit
ness got off and saw Terry and his wife
board the train. He returned to the car
and advised Justice Field of the fact The
Justice expressed wish that they would
sleep well and again disappeared behind
the curtains Of his berth.
The witness then sought ont the con-
ductor of the train and told him that Terry
and his wife had boarded the train and
that there might be trouble upon the arri-
val of the train at Lsthrop. He advised
the conductor to notify the constable of
Lathrop by telegraph to be on hand al the
station when the train arrived The con-
ductor promised TO do SO, and witness re-
turned 10 his berth