The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1889-09-13
DAVID T~ERRYyTaREAB
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tOst1m0oH 0o&ng ~ 0A0W 3A0e IL Hos
bAnA 81 Sarah Althss We . Aaa - u
Feared ~ Justles Esesa-E1s WA fullsd
jsdge sawyer's naar.
San Francisco tCAl.) dispatch: III
taking Of tsstinony n H. habsas corpua
proceedings II ~ cass Of Deputy Masshal
David Magic. who shot and killed David
Terry st Lathrop recently, was CON-
msnosd IL ths Unitsd States Circuis cosrs
before Jadss Sawyer Tuesday. The eoun.
ssl Tor the defense In opening the cass
made . long statement Of the circumstances
which led to the killing OF Judge Terry,
and gave . synopsis OF what the defense
proposed 70 prove BY Witnesses who wsrs
to b examined. He seid Il would b
proved that The LIE Of Justice Field had
bsen tArsetsnsd long prior to the assault
In the dining SALOON at LAthrop, and that
Magic In shooting Terry bad every reason
to beltsve that unless b. did 90 thsss threats
would 10 carried out. In acting ~ hs did
Il would b shown that hs merely did hi
duty ~ . sworn odlcer Of the Law.
Witnesses were then called who rscitod
the details Of the attack made upon Judge
Sawyer By 1rs. Terry on The train -
tween Los Angeles and Gan Francisco
over . year ago. Judgs Van Dyke Of
Los Angeles testified that b wa Q pas.
ssngsr in the sems car with Judge Saw
yer, and that David Terry and his wife
entered the car at Fresno. Boon after the
train started Mrs.. Terry arose and passed
up the car. glazing at Judge Sawyer q
she passed him, and then returned 20 her
ssat. A few minutes later Judge Terry
aroes and took's seat at the forward end
Of the car, facing Judge Sawyer. Mrs.
Terry b joined him, and % she passed
Judgs Sawyer she reached ovsr and pulled
hts hatr. 6hs afterward took Q seat
thought she intended to attack him with
her parasol, but In . few moments she
Joined her husband and no further trouble
occurred.
w. y. Coles Of this city, who was also q
passenger on the car, coEroborated Judga
Van DYKES account Of the affair, and said
that after Mrs. Terry made the attack abe
J lined her husband In . seat near him and
related what had occurred with Q great
deal Of glee. ct which Judge Terry
laughed. The witness heard Nrs, Terry
say II will give him . tasts Of what hs i
to get hereafter; let him render that deci-
sion u he dares He heard Judge Terry
say that the ..4ly thing at to do with
Judge sawyer would b to take him out "a
the bay and drown him.
Marshal Franks was then called and n.
lated the incident In the Circuit court
room last September when Mrs.. Terry In.
terruptsd the reading Of Justice Field's
decision. He aid that he attempted ID
remove her from tho room, whom she made
. violent attack upon him and Judge Terry
intsrfered and drew . knife. A pistol wa
afterwards taken from Mrs. Terry's
sachel The marshal further stated that
whom he presented to Terry the order com.
hitting him and his wife to jail both b..
came very abusive and Terry said;
when I get out Of jail and Judge Nsld
returns to California I will meet him and
Il will not be . very pleasant meeting fol
him."
A number Of other Witnesses also testi.
fed asto the affair In the courtroom,
Deputy Sheriff Woolsey, who had chsrgs
OF the Alameda county jail while Terry
and his wife were confined there, testified
that he often conversed with Terry and
the latter told him that no always carried
. knife. He called the judges and mar.
shall 'curs' and said be would yet live K
see them in their graves He was very
abusive Of Judge Field.
An Oakland newspaper rsportsr tssti
fled that Mrs. Terry had once told him
that she would probably kill Judge Field
some 0av.