Democratic Sentinel, Volume 13, Number 31, Rensselaer, Jasper County, 23 August 1889 — DIED WITH HISBOOTS ON [ARTICLE+ILLUSTRATION]

DIED WITH HISBOOTS ON

INDIGNITY TO JUSTICE FIELD RESULTS IN DAVID TERRY'S DEATH. Sarah Althea Hill’s Husband Killed in California .by a Deputy Marshal While Attacking the Uni’ed States Supreme Court Justice —The Slayer Under Arrest. Upon the arrival of the Southern overland tra’n at Lathrop, Cal., on the morning of the 14th, United States Supreme

Judge Stephen J. Field and Deputy United States Marshal David Nagle walked into the depot dining-room for breakfast, and sat down side by side. Soon after judge jiDavid Terry and his '/wife came in also. They were proceeding to another table when Mrs. Terry, evidently recognizing Justice Field, did not

sit down, but retired to the train for some unknown purpose. Before she reached it, however, and as soon as she had left the dining-room, Judge Terry approached Justice Field and, stooping over him, slapped his face. At this juncture Deputy Marshal Nagle arose from his seat and shot Judge Terry through the heart. As he was falling the Deputy Marshal shot again, but missed him, the bullet going through the floor. Both shots were fired in very quick succession. The Judge never uttered a sound after being shot. Judge Terry had hardly fallen when Mrs. Terry rushed to the side of his body and threw herself upon it. Then ensued a scene of wildest excitement, People rushed from the din-ing-room and others rushed in. During this time Justice Field and Deputy Marshal Nagle retreated to the sleeping-car, where they were securely locked within, while Mrs. Terry called upon the citizens to arrest them. Before the train pulled out Constable Walker entered the sleeper, and was carried away on board the train. He informed the spectators that he knew his duty and would perform it. During the time the train was standing at the depot Mrs. Terry was running wildly alternately from the body of her husband to the sleeper, and demanding admittance that she might slap Justice Field’s face, and at the same time begging that they might be detained and have their examination there. Previous to the entrance of Constable Walker into the sleeper. Sheriff Purvis and a Deputy of Stanislaus County had already taken charge of Deputy United States Marshal Nagle. After the shooting Deputy Marshal Nagle backed up against the wall of the dining-room and warned every one not to arrest him, saying he was a United States officer in discharge of his duty. There was no semblance of an attempt to molest him at any time. Constable Walker took Deputy Nagle from the train at Tracy and proceeded with him to Stockton, where he now is in jail. On the arrival ot the Southern overland train at Oakland a great crowd had collected, telegraphic intelligence having preceded the arrival of the train, and the sleeping car in which Justice Field was sitting was at once besieged by United States officialsand newspapermen. Justice Field maintained a qui t demeanor, and replied to a press representative when asked to narrate particulars of the shooting: “For the last few months all manner of reports have reached me that Judge Terry had threatened to subject me to some form of indignity if he should happen to meet me. This fact caused the United States marshal to decide to provide such protection as he could during my stay in this State. When I started for Los Angeles to hold court Deputy Nagle accompanied me. He seemed to be a quiet, gentlemanly official. Returning, he accompanied me; taking a seat in the sleeping 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 for« breakfast. I took a seat at the end of a table, while Nagle sat on one side of me. Terry and his wife came in the room soon after me. As soon as she saw me she went out of the room, as I afterward learned, returning to the car for her satchel. Judge Terry rose and I supposed he intended accompanying her. Instead of doing so he walked back to me and struck me a heavy blow on the face. I was completely astonished and saw he was making ready to strike again. Nagle cried out ‘Stop! Stop!’ but Terry did not desist, and as he was raising his arm the second time Nagle shot at him, the bullet entering his heart. He fell on the floor. Nagle shot a second time, but the second shot did not strike him. Nagle was arrested at Tracy and taken to Stockton to await the result of the inquest, That is the complete story, so far as 1 am aware of the facts. ’ ’ Justice Field left the overland train at Oakland ferry and drove to the Palace hotel,’ where he was joined by his wife.

He was not accosted, and if the notice of the chief of police, claimed to have been sent by the district attorney of San Joaquin, was forwarded in that form it was not heeded. A passenger on the train at Lathrop says that when he heard the shooting he rushed out of the car and saw Mrs. Terry with a sachel in her hand. She was trying to open it and he took it from her. She tried to regain possession of it but failed.

When the Rachel was opened afterward a pistol was found in it. It is claimed that protection by the federal officers was given Justice Field by authority of Attorney-General Miller, who telegraphed from Washington to the marshal of the district to see that the person of the justice was protected at any hazard. The order extended also to Judge Sawyer of the United States Circuit court in this city, upon wnom Mrs. Terry made a personal assault last year while on a 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 Justice Field under this order, and he is said to have given Judge Terry full warning to stop when the latter began his attack upon Justice Field, and only fired at Terry as the latter was about to strike a second time. Among the passengers on the Southern overland train was Col. H. G. Otis, editor of the Los Angeles Times. He was standing outside of the depot dining-room when the shooting of Judge Terry occurred, and was at the scene of the tragedy a moment later. In an interview he said: “The train arrived at Lathrop at 7:10. Justice Field was among the first of the passengers to enter the dining-room He took a seat at a table facing the door. United States Deputy Marshal Nagie sat at his side. Soon after they sat down David S. Terry and his wife entered the. room. When Mrs. Terry saw Justice Field sheturned and hurriedly went out of the room to the train, the supposition being that she went after a pistol or a bottle of vitriol. Terry sat down at a table further upthe dining-room. Presently he arose and. walked over to the latter's chair. Judce Field was leaning over his plateat the time and Terry approached him. from behind, and without a word of warning dealt him a blow on the side of the face. At that instant Nagle cried: “Hold, hands off that man!” Terry did not heed the marshal’s warning and raised his clinched fist to deliver a second blow. Quick as a flash Nagle drew a pistol and sent a bullet through his heart and then another not over an inch from where the first one struck him. “I happened to Know rnat the deputymarshal was acting under direct written instructions from the attorney-general toprotect the persons of Judges Field and Sawyer at all hazards. In conversation with me Justice Field said he was not responsible for the constant attendance of the deputy, and was rather annoyed at it. The officer went on the same train with the Justice to Los Angeles, and had faithfully guarded his person up to the moment of the tragedy. He was in the faithful discharge of his sworn duty when he killed

Terry. Justice Field told me he was not armed.” The body of Terry was taken to Stockton by the coroner. Mrs. Terry rode in the express ear with the remains. Deputy Marshal Nagle was also taken there by Constable Walker of Lathrop. He refused to be interview’d, but said: “1 am a deputy United States marshal and .simply did my duty as an officer.” His pistol is a 44-caliber Colt’s revolver with two charges exploded. Nagle was very cool, but looked pale and determined. David Nagle, who killed Terry, is wel known in this city. In the latter part of the ’7os he went to Arizona and in 1881 he received the appointment of chief of police of Tombstone. While occupying that position he had frequent encounters with criminals, and by his behavior he soon earned for himself the reputation of j being a man of indisputable courage and bravery. He shot and killed a Mexican desperado in Tombstone after a fierce encounter. Nagle was appointed a deputy marshal here a year ago and when Terry made his assault on Marshal Franks last September Nagle disarmed him. Nagle is about 35 years old and has a wife and family living in this city. Judge David S. Terry was a Kentuckian by birth. He was a California forty-niner. In 1855 he was elected to he bench of the Supreme court of California, and in 1857 succeeded to the chief justiceship. He was a brilliant lawyer but a violent temper led him into a series of escapades which have blemished his reputation. In 1856 he stabbed one of the vigilance committee of that year as the committee was attempting to arrest one of Terry’s friends. In 185& he got into an altercation with United States Senator David C. Broderick, and the result was a duel in which Broderick fell dead at the first fire. Broderick’s friends claimed that Terry fired upon his antagonist before the word was given. The news of the shooting of Jud go Terry was received in Washington with one general remark, and that was that the man had received his deserts. It is said at the capitol that a number of letters have recently been received which warned the officers of the Supreme court that it was the intention of Terry to make an attempt upon the life of Justice Field. It is understood that this information led to an official communication to the marshal for California, in which it was suggested that precautions should be taken to prevent the carrying out of his design. ' A warrant was issued at Stockton for the arrest of Justice Stephen J. Field on complaint of Mrs. Sarah Althea Terry,, who charges him with complicity in the killing of her husband, David S. Terry, at Lathrop.

JUDGE TERRY

SABAH ALTHEA HILL.

ASSOCIATE JUSTICE FIELD.