The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1889-08-22

the last few months all manner OF reports,
both public and personal. have reached mo
that Judge Terry had threatened to subject mo
TO some indignity II he should happen to meet
me. This fact caused the United States Mar.
shall to decide to provide such protection as he
could during my stay In this state When /
started for Los Angeles TO hold court Deputy
Nagle accompanied me. he seemed 10
be q quiet, gontlemanly oficial, though ]
only met him twice while away from Los
Angeles He asked me In that city when l in.
tended 10 return and accompanied M, taking
q seat in the slceping-car opposite to me. We
heard that Judge Terry and his wife were on
the train but paid no attention TO the fact.
When we arrived AT Lathrop we entered the
eating station TO get breakfast. took seat at
the end OF the table. Naglc sat on one side OF
me- Terry and his wife came in the room soon
after As soon rs Mrs. Terry saw me she
went out OF the room, as I afterward learned,
returning to the car for her sachel Judge
Terry rose, and Isupposed he intended accom-.
panyinU her. Instead Of doing SO he walked
back OF me and struck me heavy slap in tho
face. was completely astonished. and, seeing
he was making ready to strike again, Magic
cried out: STOP, stop hut Terry did not dc.
sist and rs he was raising his arm second
time Magic shot at him, the bullet entering his
heart He fell to the floor, Nagie shoot ng
second time, but the second shot not striking
him. Maggie was arrested ut Tracy and taken
to Stockton to await the result OF the inquest.
That is the complcte story, 50 far as | am
aware OF the facts"
ORDERED TO PROTECT THE JUSTICE.
Protection was accovled to Justice Field,
it is claimed, by authority OF United states
Attorney General Miller, who telegraphed
from Washington to the marshal of the dis
trict to see that the person Of the Justice
was protected at any hazard. The order ex-
1cA Tad 81 - tAr y,~;& &nA
States Circuit Court, in this city, upon whom
Mrs. Terry made q personal assault last
year while on railway train accompanied
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 Nagle was directed
to accompany Justico Field under this or
der, and IL said to have given Judge Terry
full warning to stop when the latter began
his attack on Justice Field, and fired at
Terry as the latter was about to strike .
second time Justice Field left the over
land train Mt the Oakland ferry and drovs
at once to the Palace Hotel, where he IVES
joined by his wife, He was not arrested,
and the notice to the chief of police e,
claimed to have been sent by the distri It
attorney OF San Joaquin, ii forwarded, wis
not acted upon.
INpIANAPoLIs. Ind. Aug l5 Attorney
General Miller was found at his home on
North Delaware street and asked conce..n-
ing the command which he was quoted a.
having made to the marshal at San Fran.
CISCO Said he:
1T was given out under my direction. In
June, think IL was, justice Field and be.
lievc, some others brought 10 my mind the
case, referring TO the trouble there had been
mt thar In - Suu rnop nd hat hAr
would likely be trouble again this summer.
There IVES danger that Judge Terry. who was
stated 70 be u violent and desperate man,
would very likely make y deadly assault uEOn
Judge Field and judge Sawyer one or both ol
them and that some precautions ought 10 be
taken in the premises. therefore called the
attention of the marshal OF that district tc
these statements. and told him that II was due
TO the country and the courts that precautions
should be taken TO keep the peace ard protect
the courts and judges in the discharge OF thcil
duties, and that such q mum Der OF court officers
should be employed as would acs Omplish this
result that the judges ought to be permitted
| 10 discharge their duties without danger ard
without malice. also instructed him to con.
suit the United States Attorney and Judges a,
TO the course to be pursued in the premises.
JUSTICE FIELD TO BE ARRESTED
STOCKTON, Cal, Aug. 1..--1he district at
torncy OF San Joaquin County says he will
have warrant issued for the arrest ol
Judge Field as accessory to the killing oi
Terry
Mrs. Terry says that when she left thu
dining-ro she supposed her husband
| would follow. As he did SO she went t.
! the train 10 get q pistol which she had taker
| from him before entering the dining room
When she entered the dining room her hus
band was dead Her husband did not III
tend to do any thing more than slap Judg,
Field.
AN EvENTFUL LIFE.
| SAN FRANCISCO. Aug. l5.-David S. Terr,
| was born in Todd County, KY, in 1921
| He served in the Texas army unde
| Sam Houston. He camc TO Calfor
| MIA in 40 and settled in cAlavera
County. In 1855 he was elected justice Of tn
| Supreme Court Of California on the natiy
1 American ticket and upon the death o
Chiof Justice Murray. in 1851 Judg
Terry became Chief Justice. He wa
opposed TO the vigilance committee Q
1 SO, and stabbed one OF the member
OF the committee who had attempted to Al
| rest Maloney, friend OF Terry. Terry wa
held by the Vigilantes, but afterward re
leased. He killed Senator Broderick in 1856
as the result OF political differences. Terr
belonged to what was known as the chi,
airy wing OF the Democratic party.
| In 1859, while q judge OF one OF the CaliforLi
courts. Terry engaged In an acrimonious de
| bate with David Colbrcth Brodcrick, tie
| United States Senator from that StSts
\ over the latter's opposition to the Al
tempt to force slavery upon Kansas. Broderic
| was making strong speeches against the adol
tiou OF the so-callcd Lecomption constitution
and 10 some Of his expressions Judge Terr
| took exceptions Hot Language passed b
tween them, and q meeting under .'the code
~s.,t.
| 1852 In that duel Rroderick's friends clair
that he was foully murdered, Terry hav.n
| taken an unfair advantage and fired before tn
word. Broderick was killed at the first sho
ana for long time public sentimcI
| against the slayer was very strong, and he wa
| to . certain extent 0stracised. For som
years afterward Judge Terry lived rathe
quietly, but his hot, impulsire nature led HI,
at last into other cscapades which did not hcl
his name or reputation.
THE MURDERER's RECORD.
SAN FRANCISCO. Aug. Ia David Magic, VIII
! killed Terry, is wcll-known here. In the la
| ter part OF the seventies he went to Arzon,
and in 1881 was appointed chief OF police {
| Tombstone. While Occupying that Office b
| had frequent encounters with the criminal cl,
ment and soon earned y reputat on for braser
and daring. Among other exploits was hi
killing OF noted Mexican desperate after
fierce personal combat Nagle was made del
uty niarsharhere year ago. II was nc VIII
dsarmed Terry last September when the e,
Judge assaulted Marshal Franks. When
was determined to furnish Justice Field with
body guard Nagle was selected for the worl
Nagls Is 35 years old and has wife and FAM
here.
Owen Mcdonald and JAMES Connolly, l,
borers, were killed by sn engine IN th
South Omaha tNsh,) steok yEsds TsesdaI