Nappanee Advance-News, Volume 11, Number 22, Nappanee, Elkhart County, 21 August 1889 — Page 2

JHE NAPPA£EE NEWS. BY G. N. MURRAY. NAPPANEE. * INDIANA. Epitome of the Wefck. INTERESTING NEWS COMPILATION. !^2Ssi=S=aß== Judge W. L. Pierce, of San Diego, CaL, was shot and seriously wounded on the afternoon of the 18th by W. Si Clendenin, against whom Judge Pierce had rendered an unfavorable judicial opinion. Repokts sent out of the damage done by floods at Lincoln, Neb., were on the 14th said to be great y exaggerated. The railroads have not suffered much, except the Burlington & Missouri, near Tecumseh, where nearly twenty miles of track must' be rebuilt. No houses were washed away. Bt the falling of a wall in. Chicago on tho 14th one man was killed and two others seriously injured. Indictments were found on the 14th at Purvis. Miss., against John L Sullivan and Jake Kilrain and eight others connected with the fight. Four more bodies—two women and two children—were unearthed at Johnstown. Pa, on the 14th. It was expected that more ghastly finds would be made during the next few days, until all the excavations were made. A fire at No. 73 Warren street, New York City, on the morning of the 14th caused a Joss of *60,000. The boiler of a threshing-machine exploded on the 14th eighteen miles southwest of Aberdeen, D. TANARUS, and caused the instant death of three men and injuring severely several othera A team of horses were also blown some distance and killed. The cause was the rotten condition of tho boiler, which had been in use five years. Three of thr river-land settlers were arrested at Fort lodge, la, on the 14th. They were charged with trespass, they having returned to the farms from which they were evicted and gathered in the hay crop. Ex- Judge David S. Terry was shot and killed by Deputy United States Marshal David Nagle on the 14th at Lathrop, Cal Justice Stephen J. Field, of the United Stated Supreme Court, and Deputy United States Marshal Nagle were sitting in the depot dining-room at hreakfust when Judge Terry oame in, walked over and slapped Justice Field in the face. Marshal Nagle fired two shots at Terry, one of the bullets going through his heart and the other through the floor. He never spoke after being shot The assault on Justice Field was provoked by Judge Terry being committed to jail for contempt of court in the celebrated Sharon-Hill divorce case, Justice Field presiding over the court at the time. Twelve persons were seriously injured on the 14th by the breaking through a trestle of a passenger train on the Evansville A Terre Haute railway twelve miles north of Mount Vernon, Ind On the 14th the Monon route granted a one cent a mile rate to veterans desiring to attend the G. A. R. encampment at Milwaukee, that being the first railroad to make that reduction. | Several thousand acres were on the. l4th ablaze in Montana. The timber north and ‘south of Miles City, it was thought, wac struck by lightning, starting the fire. A ;body of men had gone out to fight the /flames. ' Twenty persons were reported killed on the 14th in the district adjacent to Kansas ;City, Mo., by the storm which passed over that section on the night of the 13th. On the 14th the trustees of “E. and A H. ; Batchellor A 00., Boston's bankrupt leather 'firm which failed recently, issued a statement placing the liabilities at 11,300,000. ; The assets were sufficient to pay fifty cents 'on the dollar. Bridge builders at Cleveland, 0., contemplated on the 15th investing *6,000,000 in rolling mills for the manufacture of iron beams, as foundrymen charged such exorbitant prices. William Jones, for twenty years an urn. ploye of l H. Butler A Cos., of Philadelphia, disappeared on the 15th, leaving a shortage in his accounts of *40,000. A big company was formed on the 15tb for the purpose of boring for natural gas ~ Inside of Buffalo’s |N. Y.) city limits. The inquest over the remains of Judge Terry, who was shot by Deputy United States Marshal Nagle while in thtp act of committing an assault on Chief-'justice Field, of tho United States Supreme Court, was held at Stockton, CaL, on the 15th. The jury found that Judge’ Terry came to his death from a wound inflicted by David Nagle, and recommended that he be held in custody and tried for murder. Mrs. Terry swore out a warrant charging Justice Field and Deputy Marshal Nagle with the murder, and an officer was on his way to effect the arrest of the venerable' jurist, who was holding court in San Francisco. Frank Weller, a Federal officer, was killed in Holmes County, Fla , on the 15th while attempting to arrest moonshiners Washington advices of the 15th state that owing to the light offerings of bonds theTrensury surplus amounted to *70,800,000, being the highest point reached since last October. . • The Treasury Department at Washington issued an order on the 15th prohibiting the re-use 6f casks and barrels by distillers. Tho order does not apply to breweries. In view of a prospective advance in coke and freight rates Bessemer pig-iron advanced one dollar per ton in Pittsburgh, Pa, on the 15th, and trade is more encouraging than for some months. The North Dakota Constitutional convention on the 15th unanimously adopted a resolution favoring the holding of the World’s Fair in Chicago in 1893* At the Keokuk (la) races on the 15th Satellite trotted six miles in I0:589f, breaks ing all previous records for the distance. The works of the American Machine Company at Findlay, 0., were on the 15th placed in the handß of a receiver. The assets are *6,000 and the liabilities *50,000. P*A big demonstration was bold by Dr. Cronin sympathizers on the 15th at Cheltenham beach, Chicago, ten thousand to fifteen thousand persons attending. On the same day anti-Cronin sympathizers held a meeting at Ogden’s grove, Chicago, at which about seven thousand pers ns attended Snow fell on the 15th in the vicinity of Greensburg, Pa. J. F. Joy, of Detroit, and W. S. Scott, of Erie, arrived in Chicago on the 15th to confer with Governor Flfer and the arbitration committee with a view to the settlement of the strike in the coal-fields of Illinois. It was generally believed in Washington .on the 15th tbat an extra Bession of Congress would be held. *' American foresters on the 15th at Minneapolis, Mian., decide’d to withdraw from' the Euglish order, and form an independent order'of their own. It was brought about by the Euglish high court insisting on the admission of colored members. The acting Postmaster-General at Washington, Mr. Clarkson, on the ICth awarded the contract for furnishing postal cards to the department during the nest font years to Albert Daggett, of Brooklyn N Y for 4800.009. ’’

The Jury at Purvis, Mist., on the 16th returned a verdict finding John L. Sullivan guilty of prize-fighting. At Barver’s Station on the 16th train on the West Pennsylvania railroad was wrecked by the epreading of the rails. Three persons .were reported kiUed and twenty-five injured At New York City on the 16th an explosion of gas occurred in the basement of a three-story building. Some twenty persons were injured and one boy who was passing the building at the time was killed. J. Frank Cullom. the prominent lawyer sJieged'Aßave aoSMfittted geries, was released from jail at Minneapolis, Minn., on the 10th on *IOO,OOO baiL A vast amount of damagO was done on the 16th by a cloud-burst in South Carolina Dr, J. Milton Bowers, convloted and sentenced to death at San Francisco in 1886 for polsonirg his wife in order to obtain *17,000 life insurance, was released on the ,18th- ; : . \ , .~:r -:.r Early on the morning of the 16th a freight train was wrecked near Columbus, O. James Mears, a stock dealer of Steuben, ville, 0., who was in the caboose, had his neck broken. A Tennessee desperado wanted for moonshining shot his wife and her mother and then killed himself oil the 16th ten miles northeast of Jackson, Tenn. The Chicago, Burlington A Quincy railroad at Chicago on the 16th declared a dividend of one per cent. The conference between the Illinois mine operators and miners at Chicago on the 16th resulted in a compromise being practically effected The settlement was on the basis of a reduction of seven and one-half cents a ton, with two and one-half cents advance on October 1. Eben 8. Allen, the defaulting ex-presi-dent of the Forty-second and Grant Street Ferry Railroad, New York City, who pleaded guilty to two indictments charging him with the over issue of *IOO,OOO of the stockof the oompany, was sentenced on the 16th in that city to fourteen years’ imprisonment with hard labor. Louis Demarest (white) and Summer Miller (colored) were hanged at Lake Charles, La, on the 16th. North Dakotans in convention on the 16th at Bismarck decided on that city for the State capital. In the United States Court at Austin, Tex, on the 16th two employers pleaded guilty to the importation of skilled labor from Europe and were fined one thousand dollars and costs in each of sixty-four casea Several men were killed in a race war which took place at Richmond, Tex, on the 16th. Troops had/been called out. One girl was also accidentally killed. There were 181 business failures in the United States during the seven days ended on the 16th, against 173 the previous seven days.' The percentage of the base-ball clubs in the National League for the week ended,on the i7th was as follows: Boston, .636; New York, .630; Philadelphia, .556; Cleveland, ,531; Chicago, .535; Pittsburgh, 419; Indianapolis, .408; Washington, .837. American Association: St Louis. .673; Brooklyn, .653; Baltimore, .585; Athletic, .571; Cincinnati, .546; Kansas City, .410; Columbus, .863; Louisville. .306. Western Association: Omaha, .683; St Paul. .617; Minneapolis, 1517; Sioux City, .470; Denver, ,46>; St. Joseph, .456; Milwaukee. .404; Des Moines, 373. ' r-u Charles Wepley and Eddie Stuart, aged fourteen and sixteen years, respectively, were drowned on the 18th while bathing in the Ohio river five miles below Evansville, Ind. The forest fi es which were’raging on the 18th all over Montaua had destroyed hundreds of thousands of dollars’ worth of timber. A MAiL-roucH containing at least *IO,OOO was stolen from & train at IVrre Haute, Ind, on the 18th.' Walter Asbubg (colored) was lynched at Pooler, Ga, on the 18th for assaulting Lulu Kissman, aged seventeen years. A passenger train on the Burlington A Missouri road was wrecked on the 18th near Lincoln, Neb., and eighteen persons were injured. The exchanges at forty-two leading clearing houses in the United States during the week ended on the 17th aggregated *951,805),543, against *034,033,873 the previous week. As compared with the corresponding week of 1888 the increase amounted to 8 7. At Purvis, Mias,,. on the L7tb John L. Sullivan was sentenced to a year's imprisonment for prize-fighting, lie was released on bail until the motion for anew trial was "decided. Del Bazzett, a notorious burglar and swindler, hanged himself hi his cell at the jail at South Bend, Ind., on the 17th. The Postmaster-General directed on the 17th that’a pneumatic system of letter collecting be tested in the city of New York. English capitalists were on the 17th said to be seeking to form a trust for the purchase and control of all the cheap literature publishing houses of tho United States. Thirteen patients were poisoned on tho 17th at Atchison, Kan., by the ‘‘life elixer.” Parker Harris (colored) cut his wife’s throat in a fit of jealousy at Memphis, Tenn., on the 18th and then cut his own throat. . ■' . Rev. R. D, Robinson, D. p., one of the most prominent Methodist ministers of Indiana, dropped dead at his homo in Indianapolis on the 18th from apoplexy. On the 17th Conimander-in-Chiof Warner, of the Grand Army of the Republic, completed his report for the last year, which will be submitted-t© tho Milwaukee' encampment. The report shows a total membership of 413,338, an increase of 59,013 members during the year. PERSONAL AND POLITICAL. The executive committee of the National League of Republican Clubs met at Saratoga, N. Y., on the 1-fth, Vice-President James Blanchard, of New York, presiding. Rev. Dr. Bayliss, editor of the Western Christian Advocate, Hied at Bay View, Mich., oil the 14th. aged fifty-four yearn His remains would reach Chicago on the morning of the 16th and would be interred in Rose Hill Cemetery. Judge John Irwin, one of the oldest iron masters of Bellefonte, Pa., died in, that city on the 14th of paralysis, aged eighty-one years. Elias Loomis, LLD., Munson professor of natural philosophy and astronomy at Yale, died on the 15th at New Haven, Conn., aged seventy-eight years. President Harrison left the East for Washington on the 15th. lowa Republicans in State convention at Des Moines on the 15th nominated Captain J. G. Hutchison, of Mahaska, for Governor on the twenty-fifth ballot A platform was adopted indorsing the administration of President Harrison, a liberal construction of the pension laws, and demanding of Congress, the protection of American industry when it does not foster trusts or trade conspiracies, Tne convention then adjourned The New York Republican State Committee on the 15th decided to hold the State convention in Saratoga September 25. Cornelius W. Bliss resigned the chairmanship of the State -Committee, and General John N. Knapp was eleetedlto that office. The death at Madison, Wjft , of General William W. Treadway was announced oh the 15th. He served as Quartermaster-Gen-era4 of Wisconsin in 1801-2, *

At Richmond, Va., on. the 15th Captain Phil W. McKinney was nominated for Governor and John Hoge Tyler for LieutenantGovernor by Acclamation by the State Democratic convention “ Congressman James Laird, of the Beoond Nebraska district, was on the 16th reported dangerously ill at his home in Hastings. Mr. Laird’s death . was eqcjpeotad hourly. Pbesident Harrison and his private secretary arrived at Washington from the East on the afternoon of the 16th. Henry Weld Fuller, a prominent Boston bwnsmi guff m Mefr vilie W. Fuller, died at Boston Highlands on the night of the 16th. _ The original of the— song "Uid Black Joe" died on the 16th at Motint HoUy, N. J. His proper name was Joseph Queen, and he was one hundred and twelve years old. The Constitutional conventions of North Dakota and Montana finished their work on the 17th and adjourned tine dU. The one hundred and third anniversary of the birth of David Crockett was celebrated on the 17th at his birthplace, Strong's Springs. Tenn. The New Hampshire Legislature ad; journed sine die on the 17th. William Thaw, vice-president of the Pennsylvania Railway Company, died in Paris on tho 17th, aged seventy-one years. He was a prominent railroader and philanthropist, whose wealth was computed at *20,000,000. Colonel John M. Wilson was on the 17th appointed Superintendent of the United States Military Academy at West Point, N. Y. James Laird died at his home in Hastings, Neb., on the 17th, aged forty years. He served in the Army of the Potomac during the war, and was elected to the Forty-eighth and Forty-ninth Congresses and was re-elected to the Fiftieth Congress as a Republican. John C. Brown, who was Governor of Tennessee for four years from 1870, died 'on the 17th at Red Berlin Springs, Tenn., aged sixty-two years. FOREIGN. The steamship City of Paris, which left New York on the 7th, arrived at Queenstown, Ireland, on the 13th. She made the trip in five days, twenty-three hours, forty minutes, beating the best previous time made by forty-nine minutes. Cable dispatches to Washington from Russia on the 13th announced the death of Mme. De Struve, wife of the Russian Minister to the United States under President Arthur’s, administration. She was noted for the brilliant entertainments she gave. The court of inquiry at Paris on the 13th found MM. Dillon and Rochefort guilty oi complicity with M. Boulanger in his plots. Ha yuan reports on the 13th stated that the war in that country would be discontinued the summer. A decisive and bloody battle was fought there a few days ago. The loss was heavy on both sides, but it was believed that Hippolyte’s army was almost demoralized. Fifty-two members of the English House of Commons signed a petition on the 14tb urging clemency for Mrs. May brick, who was to be hanged oil the 26th inst Tho official executioner, Berry, declared he would not carry out the sentence. In the English House of Commons on the 15th Home Secretary Matthews denied emphatically having advised the opening of letters addressed to Parnell from America, and tampering with a letter addressed to Mr. Sexton, mayor of Dublin, by President Harrison. Two Americans lost their lives, it was reported on the loth from Mexico, in endeavoring to rescue eight Mexicans imprisoned in a mine at Triumfo. A conference was held in London. Eng., on the 16th between Home Secretary Matthews, Lord Salisbury, Justice Stephen , and a number of medical experts with regard to Mrs. Maybrick’s case, the American woman to be hanged on the 26th inst The result of the deliberations were, it is reported, a recommendation to the Queen for a commutation of sentence to imprisonment for life. Jacqt.es Damala, Sara Bernhardt’s husband, died suddenly on the 18th at a hotel JnPfljis. : 1 — Advices of the 17th say that an earthquake at Kummoto, Japan, killed forty per. sons and injured one hundred others. iatestVnews. _ A tenement-house ou West Seventh street, New York City, was burned on the 19th, and nine people lost their lives and three were seriously injuned. The reported robbery at Terre Haute, Ind., of a mail-hag containing *IO,OOO was on the 19th said to be false. At Dresden, Ont., A. McVean's huh and spoke factory was burned on, the 19th, causing a loss of *IOO,OOO. Four persons were seriously injured by the explosion, ol a boiler. The walls of a brewery at Fort Wayne, Ind., fell on the 19th, fatally injuring three men. About one hundred persons were poisoned by eating ice-cream at a picnic lieuj West St Paul, Minn., on the It)th, and many' were seriously 111. ■ Thomas A. EDisoN,tlie inventor, was on the 19th decorated by King Humbert, oi Italy, with the insignia of a grand officer of the crown of Italy, thus making him a Count and his wife a Countess. At Shanghai, China, the boiler of anew steamer burst on the 19th, killing thirty persons. Rev, Abraham Martin, the oldest Mennonite minister in this,-country, diedon the 19th neat Beartown, Pa, aged ninety-one years. r v Herr Lachmann, editor of the Londoner Journal, a weekly newspaper printed in London, fatally shot his wife and child on the 19th and then committed suicide. Eeward Conroy, United States Consul at Porto Rico, died on the 19th, aged about eighty years He was the oldest of United States Consuls. A statement issued on-the 19th day the Internal-Revenue Department at Washington showed that 2,397 distilleries were running and their product was nearly fifty thousand gallons a day in excess of last year. .j .■ ~ i James 8. Gordon, a well-known newspaper man of Chio, died on tfio 19th**t the Ford hospital in New York from consumption. Texas fever had on the 19th broken out among the cattle in several localities near Greensburg, Pa, and they were dying at an alarming rate. In five c mnties in Arkansas worm3 were on the 19th doing great damage to the cotton crop. 7 • The Government on the lOthisent a circular note to the Governors of provinces throughout Spain instructing them not to take part in the movement to induce the Pope to reside in Spain and to do every thing possible to discourage the project." The Pennsylvania Railroad Company was on the 19th arranging to establish among its employes a pension system, the first of the kind in the United States. Tiie forest fires in Montana were checked on the 19th by heavy rains. Hon. Charles. W. Clisrek. secretary of the National Republican conventions of 1889. 18* t and 1888, and Reading Clerk of * the National House of Representatives for six years, died at his home at Cassopolis, Mich., on the 19th, aged fifty-six years.

JUDGE TERRY SbAIN. 1 11 : The Turbulent Life of a Notorious .Californian Ended. t Meeting Justice Field at Lath**?* Cal., He Slaps tifls Face and Is Shot Through the Heart by Deputy Marshal Nagle. T CAUSI OF THE TRAOEDT. Court of § California, was shot and killed at 7:50 o’clock yesterday morning in a railway eating station at Lathrop, Cal, by Deputy United States Marshal David Nagle. The shooting was the result of a personal assault which Judge Terry was making upon Justice Stephen J. Field, of the United States Supreme Ex- judge terry, bench, while the latter was seated at tho breakfast table. Judge Terry had approached Justice Field from the rear and slapped the jurist in the face with his hand and was in the act of striking hijn a second time when Deputy Nagle, who had warned Judge Terry to stop, drew a revolver and shot the latter through the hoart, killing him instantly. Deputy Nagle was acting as bodyguard to Justice Field, under strict orders emanating from the Department of Justice - at Washington to protect the person of the jurist from personal assault at all hazards. The South-bound overland train arrived at Lathrop shortly after 7:30 o’clock and Justice Field entered tho- railway restaurant and took a seat a short distance from yxjmj. the main entrance. Deputy Nagle took a seat at his side. Judge Terry and wife en- k§§s|§j tered the room almost njr f immediately after- '}/ /jhi ward and took seats // * _ vM) at a table distant pos- q—sibly twenty feet from ~ that at which Justice Field was seated, Mrs. mbs. terry. Terry instantly recognized Judge Field and at once left the room, returning to the •leeping couch. She returned again toward the dining-room with a saohol in her hand, buL was met at the door by the proprietor of the restaurant, who knew all of the parties and who refused her admission. In the meantime Judge Terry sat at his table, never taking his eyes from- Justice Field, Finally he rose and walked toward the door, passing in the rear of Mr. Field. When opposite the latter he turned and struck him from the rear on the side of the face. Deputy Nagle rose and cried out, “Stop! Btop!” but Terry had raised his clenched fist for another blow when ike fatal shot was fired. A second shot jam* mediately followed, but the form of Teßjf had fallen to the floor. He did not utter% word. The alarmed people in the room immediately left, while Deputy Nagle announeed to every JfejL \ body that he was a \ United States officer in the performance of his duty, and warned evely one not to molest him. He and Justice Field then returued to the Bleep-ing-car. Iu the meanturned to the dining justice field, room, and, when made aware of the death of her husband, made an attempt to board the sieeping-cair con-' taining the Judge and deputy. Her sachel was taken away from her, and it was found to contain a revolver. She appealed to the crowd to make an attack on the car and to seize Judge Field, contending that he had killed Judge Terry. Terry struggled when the bullet struck him, and Nagle, fearing that he was about to draw a weapon, fired again and Terry tell to the floor dead. At this moment Mrs. Terry rushed up from -the- train - end bejan uttering loud cries and lamentations. “Let me in at him,” said she, “I’ll finish him.” She bore in her hand a hand sachel, which she had brought with her, and seemed to think that Judge Held had done the shootinsr. About 209 persons had by this time gathered from various places. Mrs. Terry ran in and saw the body of her huffiiand bathed in blood. “Kiss me, kiss me,” she cried, “can you notkiss me before you die?" and she put her arms under his head and stooped over him. Judge Terry opened his eyes, and, makijig a supreme effort, raised his head and shoulders toward her. Their lips met, and almost instantly after his head sank back, his splendid frame straightened ou.C, .and Judge Terry was dead,EXCITEMENT IN SAN FRANCISCO. San Francisco, Aug. 15. The announcement that Judge David S. Terry had been shot and killed in the railway depot at Lathrop, Cal., as the result of an attempt to provoke a personal encounter with Justice • Stephen J. Field, of the United States Supreme -Court, —caused extraordinary excitement in this city— The scene of the tragedy is eighty-three miles from this city, by rail, and is a breakfasting sfation' for the Southern Overlaud train The possibility of ati encounter between Terry and Justice Field has been recognized ever since the imprisonment of Terry for contempt of court, ten months ago, and owing to the known temper of the man who killed United States Senator Broderick in the early days of California ■■ Terry was married to Sarah Althea Hill, whd claimed to be the wife of ex-Senator Sharon, while prosecuting her claim against the Sharon estate. This brought him into a resentful attitude toward Justice field, who last year rendered a decision in the United States Circuit Court, in this city, denying her claim to be the wife of Sharon Mrs. Terry created .a scene in court during the reading of the decision, charging Justice Field with being corrupt, and as she refused to remain quiet Justice Field ordered that she lie removed from court. When -a deputy attempted to carry Ont 1 ' tho order of the court she became in vulved In a personal quarrel with the official, and Judge Terry in'terfered, drawing a dagger from his vest. He was disarmed, and both Terry and his wife adjudged in contempt and committed to jail ’ln the meantime Justice Field went to Washington to resume his duties on the bench, returning to this "city six weeks ago. Newspaper articles were printed intimating Shat it would he dangerous for Justice Field and Judge Terry to meet personally, as it was thought the lattdr might insult the former, whilofthw fact wan also recognized that Justice Field would be quick to resent an attack from Terry, knowing, it could only result fatally to one or the other, in view of the latter's record.

Whether Judge Terry had Intended to provoke Justice Field, and draw a weapon before the latter oould turn, to, of course, not known, as Deputy Nagle, who "sat op. peette, prevented this by firing his shot, resuiting in the Instant death of Terry. JUSTICE FIELD’S STOUT. ■a* Francisco, Aug. 15.—The Southern overland train arrived at the station in Oakland shortly after 11 o’olook a m. A great crowd had collected, telegraphic intelligence of tho Lathrop tragedy having preceded the arrival of the train, arql the sleeping-car in which Justice Field was sitofficials and newspaper men Justice RJjld maintained his quiet demeanor and narrated to a press representative the following particulars of the shooting: “I can tell you the story In a few words. For the last few months all manner of reports, both publio and personal, have reached me that Judge Terry had threatened to subject me to some 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, though I nly met him twice while away from Los Angeles. Ho asked me in that city when I intended to return and accompanied me, taking n seat in the sleeping-car opposite to me. Wo 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 statiqp to get breakfast. 1 took a seat at the end of the table. Nagle sat on one side of me. Terry and his wife came in the room soon after. As soon as Mrs. Terry saw me she went out of the room, as I afterward learned, returning .to the .ear for her sachel. Judge Terry rose, and I supposed he intended accompanying her. Instead of doing so he walked back of me and struok me a heavy slap in the face. I was completely astonished, and, seeing he was making ready to strike again, Nagl# cried out: ‘Stop, stop,’ but Terry did not desist, and as ho was raising his arm a second time Nagle shot at him, the bullet entering his heart. He fell to the floor, Nagle shoot ng a second time, but the second shot not sinking him. Nug.e was arrested at Tracy and Taken to Stockton to await the result of the inquest That is the complete story, so far as I am aware of ihe facts.” ORDERED TO PROTECT THF. JUSTICE, Protection was accorded to Justice Field, it is claimed, by authority of United States 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 whom 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 is 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 a second time. Justice Field left sthe overland train at the Oakland ferry and drove at once to the Palace- Hotel, where he was joined by his wife. He was not arrested, .and the notice to the chief of police, klaimed to have been sent by the district 'attorney of San Joaquin, if forwarded, was not acted upon. t Among the passengers on the Southern overland train was Colonel H. G. Otis, editor of the Los Angeles Timea After describing the shooting Mr. Otis says: “I happen to know that the deputy marshal was acting Under direct written instructions from the Attorney-General to protect the persons of J udges Field and Sawyer at all hazards. In conversation with me before. Justice Field had said he was not responsible for the constant attendance of the deputy, and was rather annoyed at it, but the officer insisted upon carrying out h;s instructions to the letter. Justice Field told me he was not armed; he was frequently urged to arm himself, but would never do so, and had declared that when it became necessary for a Justice of the Supreme Court to go about in the performance of his duty carrying fire-arms with which to protect his person, it would be time to abolish oftr courts.” Indianapolis, Ind, Aug. 15.—AttorneyGeneral Miller was found at his home on North Delaware street and asked eoucerniug the command which he was quoted as having made to the marshal at San Francisco, Said he: “ “It vyas given out under my direction. In June, I think it was, Justice Field and, I believe, some others brought to my mind the case, referring to the trouble there had been out there last summer: and saying that there would likely be trouble again this summer. There was danger that Judge Terry, who was stated to be a violent and desperate man, would very likely make a .deadly assault upon Judge Field and Judge Sajvyer—one or both of them—and that some precautions ought to be taken in the premises. I therefore called the attention of the marshal of that district ’to these statements, and told him that it was. due to the country and the courts that precautions should be taken to keep the peace and protect the courts and judges in the discharge of their duties; and that such a number of court officers should be employed as would accomplish this result; that the judges ought to be permitted to discharge their duties without danger and without malice. I also instructed him to consult the United States Attorney and Judges as to the course to be pursued in the premises. AN EVENTFUL LIFE. San Francisco, Aug. 15.—David S. Terry was born in Todd County, Ky., in 1823. He served in the Texas army under Sam Houston. He came to California in "49 and settled in Calaveras County. In 1855 he was elected Just’ce of the Supreme Court of California on the native American ticket, and upon the death of Chiaf Justice Murray, in 1857, Judge Terry became Chief Justice. lie was opposed to the vigilance committee of ’56, i and stabbed one of the members of the committee who had attempted to arrest Maloney, a friend J>f Terry. Terry was held by tee Vigilantes, but afterward released; He killed-Senator Broderick in 1839, as the result jof political differences. Terry belonged to what was known as the “chivalry” wmg of the Democratic party. In 1859, while a judge of one of the California courts, Terry engaged in an acrimonious de bate with David Colbreth Broderick, then United States Senator from that State, -over- the—latter’s —opposition to the attempt to force slavery upon Kansas. Broderick was making strong speeches against the adoption of the so-called Lecomption constitution, and to some of his expressions Judge Terry took exceptions. Hot language passed be tween them, and a meeting under “the code” was arranged which took place in September, 1859. In tbat duel Broderick's friends claim that he was foully murdered, Terry having taken an unfair advantage and fired before the word. Broderick was killed at the first shot, and for a long time public sentiment against the slayer was very strong, and be was tq a certain extent ostracised. .For some years afterward Judge Terry lived rather quietly, but his hot, impulsive nature led him at last into other escapades which did not help his name or reputation. ■ /■ 7 THE MURDERER’S RECORD. San Francisco, Aug. 15.—David Nagle; who killed Terry, is well-known here. In the latter part of the seventies he went to Arizona, and in 1881 was appointed chief of police of Tombstone. /While occupying that office he had frequent encounters with the criminal element and soon earned a reputation for bravery and daring. Among other exploits was his killing of a noted Mexican desperado a fierce personal; combat. Nagle was made deputy marshal here a year ago. It was he who disarmed Terry last September when the exJudge, assaulted Marshal Franks. When tt was determined to furnish Justice Field with body-guard Nagie was selected for the work, Nagle is 35 years old and has a wife and family here. Five hundred schools on the America* plan hold daily sessions in Turkey,

AFTER JUSTICE FIELD, Mrs, Terry Swears Out* Warrant Against the Venerable Jurist, Charging Hint with Complicity la Her Husband’s Mur. der. STOCKTOS, Cil, An* IK—A. wantf< wag Issued Thursday (or the arrest of Justice Field, on complaint of Mrs. Terry, who charges him with complicity in the killing of Terry. The sheriff has gone to San Francisco to serve the warrant. The warrant for the arrest of Justice Field was issued by Justice, of the Peace ft - r/'TTrfl’Wflin', df ScdfffCtofl.'hffd' 18' to the sheriff of the county in the following words: “Information on oath haring been this da; laid before me by Sarah A. Terry that the crime of murder, a felony, has been committed within said county of San Joaquin on the 14th day of August, 1889, In this, that one David S. Terry,, a human being, then and there was wilfully, unlawfully, feloniously and with malice aforethought shot, killed and murdered, and accused Stephen J. Field and David Nagle; therefore you are commanded forthwith to arrest the above-named Stephen J. Field and David Nagle and bring them before me at my office in the city of Stockton." No course has been outlined by the friends of Justice Field as to his action beyond the statement made "by the attorneys for Nagle iu Stockton that Justice Field would appear at any timo if desired. The wan ant for the arrest of Justice Field was issued solely upon the complaint of Mrs. Terry, who did . not witness the shooting, so far as the evidence given before the coroner’s jury showed. In fact, no evidence whatever was given connecting the Justice with the tragedy in any way, beyond the fact that he was assaulted by Terry. For this reason the attorney who appeared for the State in the absence of the district attorney refused to issue a warrant, and it was issued on Mrs Terry’s complaint in consequence. Stockton, Cal., Aug. 16.—An inquest was held over the remains of Judge Terry, who was killed by Deputy United States Marshal Nagle Wednesday, and ths following verdict was returned: “We, the jury, believe that David Terry came to his death from a gunshot wound inflicted by David Nagle, and recommend thaihe be held In custody and tried for murder ” San Francisco, Aug. 16.—The killing of David S. Terry by Deputy Marshal Nagle is still the chief topic of discussion here, though no developments have arisen beyond what was outlined in the dispatches. Justice Field resumed his judicial duties Thursday and sat in the citcuit court with Judge Sawyer and Judge D. J. Brewer, of Kansas. He referred freely in conversation with attorneys and his associates to the exciting incidents of Thursday’s tragedy. He is still constantly under protection of a deputy marshal as is also Judge Sawyer. The preliminary hearing of Deputy Marshal Nagle will bo held before a justice of the peace at Stockton Wednesday next, and a > strong effort will be made after the examination to secure his release on bait If it is refused an appeal will be taken. The instructions of Marshal Franks from Attorney-General Miller to protect both Judges Field and Sawyer were in some detail. The Attorney General referred in his letter of instruction to the rumors that had reached Washington, and said: “I shall expect you, as marshal of the district, to protect them.” United States Marshal Frank says that notwithstanding Judge Field’s objection to protection he felt himself subject to the order of the Attorney-General, and appointed Nagle to keep within reach of Justice Field ready to carry out the orders of the Department of justice. ■ - Marshal Franks has received fron Nagle the details of the affair. Nagle says he is confident that Terry drew back his hand, after striking Justice Field, for the purpose of pulling from his coat a knife he was presumed to have carried, as he once made affidavit that he always went armed. It is the theory of those about the United States Marshal’s office that Mrs. Terry, when she threw herself on body, took the weapon from him. TO MEET IN NOVEMBER. General Belief That the President Has Determined to Call an Uxtra Session of .... Congress.-—-: / Washington, Aug. 16.—Ibis novv generally conceded on all sides that there will be an extra session of Congress It is believed that the President has at last made up his mind definitely to call both houses together by the first week in November. Those who pretend to kuow say that the one thing which made the President hesitate so long before coming to a determination was the uncertainty which existed as to the position which might be assumed by some of tho Southern Republicans in the organization of the House. There is no longer any doubt on this score, if there ever was any at all. Each and every Republican from the Southern States has been heard from. F.very man among them has expressed his determination to work for tho caucus nominees. , There is hardly any chance that the contested election cases can be settled before the holiday recess The Democrats have already announced their determination to filibuster,’ and unless there are radical changes in the rules of procedure the filibusters will, be able to prevent final action for many * weeks, and perhaps they may be able to keep some of the contests on the docket during the entire session in spite of the extra days which will be gained by a call for the meeting of Congress In November. SECESSION. American Foresters Withdraw from tho English Order. Minneapolis, Minn., Aug. 16.—The subsidiary high court of the Ancient Order of Foresters on Thursday voted to sever all connection with the high court of England and organize as an American high court The differences arose over the admission of colored men to the order, the English high court insisting on it and the Americans objecting. The vote on the declaration of independence developed a half dozen opponents, but it was carried. On the opening of the afternoon session the six who voted against the declaration of independence withdrew their votes and made it unanimous. It was voted not to send any notification of their action to England There was some discussion over the adoption of a name for the new order, but finally agreed upon the “Ancient Order of Foresters of America” TEN PERSONS PERISH. Two Americans Give Up Their Lives te - Rescue Men in a Burning Mine. San Francisco, Aug. 16.—The Mexican steamer Alejandro arrived from Guaymas, Mexico, bringing Word, that in the early part of July a fire broke out in the 1,500level of the Iriumfo mine near the town of the same name and ten men lost their lives. Eight Mexican miners were in the mine at the time of the fire and two unknown Americans, formerly of San Francisco, volunteered to go to theirrescue. The shaft was full of smoke and gases and when' the bucket was hauled to the top the Americans were found to be dead The fire lasted several days finally burned itself oak