Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-09-05
NAGLE'S TIMELY PISTOL SHOT.
Had 1t Delayed Two Seconds Justice
Field Would Have Been Murdered
THE LETTER or ATTORNEY GENERAL MILLEB
AUTHORIZING MARSHAL. FRANKS TO PROTECT
JUSTICE FIELD AND JUDGE SAWYER FROM AS
sAULT-THE MARsHAL's REPORT.

General Miller to Marshal Franks of California
authorizing him to protect Justice Field and
Judge Sawyer from assault by Judge Terry or
wife, which was introduced yesterday in the
hearing Of the case against Deputy Marshal
Nsgle:
WASHINGTON, DC, April "a, 1ss9
JOHN q. FRANKS, US. Marshal, San Francisco:
Sir: The proceedings which have heretofore
been had In connection with the case of Mr. and
have become matter Of public nosoriety, and 1
deem II my duty TO call your attention to the pro-
prlety OF exercising unusual caution in case fur
ther proceedings shall be had in that case for
the protection Of his honor Justice Field
or whoever may be called upon to hear
ana determine the matter. OF course
40 not know what may be the feeling purpose
OF Mr.. and Mrs. Terry In the premises, but many
things that have happened indicate that violence
on their part may not be impossible. 1t is due to
the dignity and independence of the court and the
character of its judges that effort on the part of
the government shall be spared to make them feel
entirely safe and free from anxiety in the dis
charge of their high duties. You will understand
OF course that this letter is for the public
to put you upon your guard. II will be proper for
best Yours truly, W. II. H. MILLER,
Attorney General
MARSHAL FRAMES REPORT OF THE SHOOTING.
Subsequently Marshal Franks asked and was
granted permission to employ special deputies
to protect the judges. In his official report to
the department, under date Of August 21, Mar
shal Franks says that in obedience to the in
structions Of the department he had constantly
exercised the utmost caution for the protec-
ton OF Justice Field and Judge Sawyer from
violence BY ID. s. Terry and wife. OF the as
sault IN the dining room at Lathrop Marshal
Franks says that Terry struck Justice Field
twice before Deputy Marshal Nagle interfered.
He continues: Terry was a man OF very
large physique and of great strength. His
n Ill 4.
troll, and he Vs most ready with a knife, a
weapon which he himself declared he had
habitually carried for thirty years. Nagle is a
man of slight build and he well knew Terry's
violent character and skill with weapons.
When he saw good reason to believe that
by his official warning to stop
was desperately determined to take the life Of
Justice Field and his (Nagle's) own life Nagle
prevented it in the only way any reasonable
pernon conversant with the facts will pretend
ne could have done. 1t will be clearly shown
that there were not two seconds between JUS
tice Fields life and the shot from Nagles pistol
that saved it."
TERRYs VIOLENCE IN JUDGE sxwYERs COURT.
Accompanying the report are q number Of
exhibits containing information in connection
with the tragedy and subsequent proceedings.
One of them is pamphlet giving an account
OF the contempt proceedings before Judge
Sawyer in September, 1888, when Marshal
Franks says: Terry desperately resisted my
officers. fourishing his knife and endeavoring
to do violence. notwithstanding the pistol Of
Deputy Taggart leveled at his head. He was
then overpowered by a number of men. At
Lathrop he had every advantage, and was on
the point of completing his desperate enter
prise. with only Nagle and Justice Field to op-
pose him."
MRS. TERRY's INSULT 10 JUDGE SAWYER.
: Another exhibit is Judge sawyer's narration
of the facts attending the gross insult to him by
Mrs. Terry on the train between Los Angeles
and San Francisco, August IA, 1888, while in
company with her husband, which has been
greatly exaggerated by Mrs. Terry's accounts
OF 1t. the judge says. Mrs. Terry, he says,
merely twitched his hair where it was short,
as she passed him in the aisle Of the car. He
hardly felt it, and no one but him
self, Mr.. and Mrs. Terry and Mr.. Cowles
noticed the action. Later on the
trip, the judge says, Mrs. Terry contemplated
an assault upon him with her parasol, but was
deferred from attempting it by the presence
and attitude Of two passengers to whom Judge
Sawyer had spoken Of the hair-pulling incident,
and requested them to observe the future
actions of the Terrys closely.
NAaLE's GOOD REPUTATION.
In subsequent letter to the department
Marshal Franks denies the statements of GER
tain papers that Nagle was killer of the
border-rufian type, and asserts that his repu-
tation was that Of q peaceable, law-abiding
man, but OF much courage, which had been
proved on several occasions