Telegram-herald., 1889-08-17
SPITEFUL SARAH.
te<rys WIDOW swoars Ous =
WsTTsss Against justice E1sld
SCI CHlRCES Elk HlIH MURDER
tns f%a~<4sis Jartss Attsaaiag - Has
s-atea-l D4siss - s@a kra@elsso. s2a
c<-1y - Appear a. Asy Tnns-
A@Ssst D~Fs-sR@s4tA


- fAAAcis<Cs 49,, Ak = reported
u@t Us ~4srslat for Jls-lcs lie ri ares.
a. served a. ( sSlcek . IL
st~eAtos, c.. Az IA warrant w&s
lss~s@ = say Tor ths arrest u justice
kis4a ~ eola slaint q Ars Terry wao
81 se- AHA via compAciIy IN ths Alling
y 2suy Ihs sheriff Las gone - SAa
FT4nelsco - s~rYs tie warrant
The warrant Tor the arrest Of Justice
f1sld va Issued - Justice u Us Peace II
VI Sssia, Of Stockton ana = add esssd
T. ths sAsrir " Tie c0Gaty II TIA follow
trg w0Eds,
-lsfornastioa o. oath having oesa th.s DAY
lsld bssers ne - saras =. Terry IA-t sae
sTiLns Of murder. fsls1y. haa been COM
kaittec r,thsn sale OssEsy ~ san Joaquin ca
ths Ath car OF August, lsss IN tsis tasi
e1s DAVID > Terry. huEsu beng, then
ssc tAsrs Wufaly. unlG~taily. fei0uiOus
~ znd with 1alice sf0r7tEoaght shol allied
aai murdered. 4Re accused stephen J. Field
aud Davla Nak.s, theretoEu you are command
Cd fortBslth 10 arrest TIC aogye-a anled Ste
2asa J. Elsld aHd D4y1 SEgis and Oriag lie II
before ms a. ny orco q tEs ely % Slocx-
ten
No course has been outlined bY the
friends Of Justice Field as - ais action be-
you'd the statement made by TIE attorneys
FOX Magic Ia Stockton that Justice field
would appear AZ shy time II desired Tho
warrant Tor tho arrest or Justice
Field was issued solely upon the
complaint % Mrs Terry, who did
net witness the shooting. 50 far as tho
evidences given before the cor0ners jury
showed IL fact. 40 evidence whatever
was given connecting the Justice with the
tragedy IN any way, beyond tho fact that
ne was assaulted by Terry For this
reason the attorney wAo appeared for the
State In tho absence OF the district at
torney refused 70 issue q warrant. and il
was issued on Mira Terry's complaint in
consequences.
san FxAscssco. Aug l6.-The killing OF
David S. Terry by Deputy Marshal Nagle is
still the chief topic OF discussion here,
though no developmentsh have arisen beyond
what was outlined in the dispatches Jus
tlce Field resumed his judicial duties Thurs
day and eat in the circuit court with
Judge Sawyar and Judge d. J. Brewer. OF
Kansas lie referred freely in converse
ton with attorneys and bis associate 10
the exciting incidents OF Thursdays traG-
edy BE is stu constantly under protec-
ton OF a deputy marshal as IS also Judge
Sawyer
The instructions OF Marshal Franks from
Attorney General Miller 10 protect both
Judges Field ana Sawyer were in some de-
tail The Attorney General referred In his
letter OF instruction 10 the runors that had
reached Washington and said: Il shall ex-
poet you e. marshal Of the district, 20 pro-
tect them"
Marshal Franks has received from Maggie
the details of the affair. Maggie Saws he IS
confident that Terry drew back his hand,
after striking Justice Field, for the purpose
OF pulling from his coat knife he Was
presumed to nave carried, IS be once made
affidavit that he always went armed II is
the theory Of those about the United
States Marshars Office that Mrs. Terry,
when she threw hen self on hor husbands
body. took the weapon from him When
the body was searched no weapon was
found
Justice Field, under the State Law, must
b. treated Ike al ord nary citlzen- he
WI nave TO go with the sheriff 70 Stockton
and undergo examination II the justice
o. the peace concludes to hold Field he
can not grant bail. but Field can al once
appeal 20 either the Superior or the Su-
prene Court, and the judges Of either have
power 10 grsns bail Several prominent
lawyers declared that Fie could not bs
held and also that Nagle is sure TO be nc
Quilted a section of tae California
penal code makes homicide justidable
when it Is committed in defense OF
wife or husband parent child master,
mistress or servant when there is reason
aole ground To appreaend a design 8 COM
d felony O. d. some great bodily injury
and Imminent danger OK such design being
accom lsihed The best Jurors here assert
that Sagle can claim he was a servant Ct
Field. and the clause about great bodily
fni "" certainly covers the assault 50
gu an authority as Justice Thornton Of
the State Supreme Court. declares tina.
Nagle will r t be indicted as he acted
strictly within the code.
Among those who arrived late Wednes-
6ay night was Clinton II ! ny. only son OF
tn Judge In talking OF the shooting he
said substantially that all bis fathers re-
cent tso1b es grew out OF the evil influence
o. sarah Althsa She seemed 20 hate the
son aud TO try 10 prejudice bis father
a. sinst hin Terry lett an estate OF not
Ger e.. 600. incumbered With some mort
cages Young Terry thinks that when his
Esther married Sarah be mrde a viii giving
her the property but - most Of his estate
vas made before marriage the son will
contest the will. and sarah viii have plenty
OF litigation on her hands a soon a. she has
buried Terry.
INDIkslPoLIs Ind. Aug 10. Attorney
General Miller was seen again az his resi-
Cence Thursday. and asked IL he had any
thing Ia Jher to say about the shooting OF
Judge Terry By Deputy Marshal Aagie. He
replied:
81 see from The papers that the acton OF the
deputy prstty generally naorsei. r. appears
% Be considered that Nsgls's presence WAS
necessary and rs sct On lasufaole. 10
not care 10 sps * Of the leEai aspects o. The
case 90 not snow any cass
analogous 20 10 In our history, and 7
Do no recall tia, = las ever ben nee ssary
before % provide protection for "a ted
States 5ndgs n me cs.e comes 20 triai sop
pcss -ll b called 70 testify. tut qnessisn
whether ths-s q ever oe t~a- The grand
tu-y may r.faSs - a.; or she cor01er. jar
nav arsl s. case - jasrasble hon eide.
have not x raine1 tas legal sds -
the question. kowever houzht tne
protector o. fse o0-~e-s ~ the i~
n rht BE- necsssarF id knew sonsth NJ
aornt tha fespe-sfe cha-s~tor ~ he RI a. " a
wbon Jnsacs els Tad % deal Tthousht %
irousis wa.n SIZE trai nera-- nut ~ course I
id aut look 'or % sta wy sta'io1 OF upou tas
tan ~ Fusrt-e iif@ vas ir ds1Esr.
thossS - rss a. mach erttied % protec' on
o. -hf -eic-r st a. @af.-g house - % court
roe- % uge1 -eare-
Thrnzh taa AttaTnsv General vas very
guarded n hls uttersncss as mannsr n1i-
cssed vsrv plainly thaf - believed DeFatY
Nag.e fally is-tiisA IN -aoo''z7 Terry
strsek ness IN f.. Tee
Hacrpsrovx. NJ Ssr r. Frsns
ssevenssr eo orsd 7oufh e iNaaspors
vas o~srrsk.u b. Storm Wednesday even
frr ard took refuge IN hollow tree