Rensselaer Republican, Volume 21, Number 51, Rensselaer, Jasper County, 22 August 1889 — AN EX-JUDGE KILLED. [ARTICLE]

AN EX-JUDGE KILLED.

JUDGE TERRY SHOT FOR INSULTING: {JUSTICE FIELD. A United States Marshal Kills a Jadgs Who Insalts a Jaap as of the Highest Coarc in the Land—Quick Vengeance. Upon the arrival of the southern overland train at Lathrop, Cal., at7:2o, Wednesday morning, 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 Jndga David S. Terry and his wife came in also. They were proceeding to another table when Mrs. Terry, evidently reccwnizing Justice Field, did not sit down,is|it retired to the train for some uiiiinflp purpos. Before she reached it, however, and as sooAps she had left the dining room Judge TerTy 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, ,4he bullet going through the floor. Both shots were fired in very quick succession. The Judge never uttered a sound after being shot. He had hardly fallen when Mrs. Terry rnshed to the side of his body and threw herself upon it. Then ensued a scene of the wildest excitement People rushed from the dining room aud others rushed in. During this time Justice Field and Deputy Marshal Nagle retreated to a sleeping car where they were securely locked within. At times Mrs. Terry would call 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 party 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, demanding admittance, that she might slap Justice Fields’ face, and, at the same time begging that they be detained and have their examination. Previous to the entrance of Constable Walker into the sleeper, Sheriff Purvis and deputy, of Stanislaus county, had already taken charge of Deputy United States Marsha!. Nagle. “Ex-Judge David S. Terry was one of the best known men on the Pacific coast. The famous case of Miss Sarah Althea Hill was tried before Justice Field, who gave the final judgment that she was not the wife of Senator Sharon. Judge Terry had warmly espoused her cause, and married her two years ago, before the court had adversely ruled. He had been counsel for Miss Hill since early in the proceedings against Sharon, and has been assiduous in his intention to the plaintiff during his connection with the case. In the days of the gold fever, when the pro and anti-slavery parties were struggling for the mastery, Judge Terry, who came from the South, was an ardent slavery man. Senator Broderick was just as determined in his anti-slavery views. The natural result was that the two men became bitter enemies, and as “the code” held sway in those days, a duel resulted in which Terry killod Broderick. Terry escaped punishment. During the war he a Texas regiment, and upon the cessation of hostilities returned to California and entered polities. He was made a member of the Democratic State Committee in 1875, and in 1879 was nominated for Attorney General by a branch of the Workingman’s party. In 1880 he was a Presidential Elector on the Democratic ticket, hut although all the other Electors received majorities ranging from 87 to 143, Terry was defeated by over 500 votes. Since then Terry had retired from politics. The following facts were submitted to Justice Field Wednesday afternoon, and declared by him to be a correct statement of the circumstances that led up to the shooting: During Judge Terry’s confinement in the county jail he threatened,upon his release, to take the lives of Judges Field and Sawyer. Prior to the contempt of court for which he was in prison, Mrs. Terry, in his presence, had made an assault on Judge Sawyer in a Pullman car. It is believed that had Sawyer resisted the insult Terry would have killed him. Terry’s threats were so publicly made that they reached ’.the ears of Justice Field’s colleagues on the Supreme Bench, and were made known to the Department of Justice in Washington, whereupon Mr. Miller, At-torney-General of the United States, head of the Department of Justico, and as the superior of the United States Marshal Franks, ordered the latter to take whatever measures were necessary to protect the persons of Justice Field and Judge Sawyer from assault by Judge Terry. Ou his ar-» rival in California to hold court in this part of his circuit, Justice Field objected to being put under the protection of the marshal’s officers. When asked if he intended to carry arms to defend himself, he said: “No; I do not and will not carry arms, for when it is known that judges of the courts are compelled to arm themselves for defense of assaults offered in consequence of their judicial action, it will be time to dissolve the courts, consider the government as a failure and let society lapse into barbarism.” Notwithstanding his objection to protection, the marshal declared himself subject to the order of his superior officer, Attorney-general Miller, and; deputized Mr. Nagle to keep within reach of Justice Field, ready to carry out the orders of the Department of Justice. In an interview in tho Indianapolis Sentinel, Attorney-general Miller confirms tho statement that Nagle was acting under federal authority. Nagle was arrested by the State authorities and placed hi Jail. The shooting is considered justifiable. An attack had been deemed probable, frequent threats attributed to Judge Terry and owing to the latter’s known temper and the fierce quarrels which had marked his public career in California. He was known to entertain a | deadly hatred toward Justice Field, which feeling was supposed to have been spurred by his wife, Sarah Althea Terry, who claims to be the widow of the JiiteTT. 8. Senator Sharon and who has been en dcavoring to prosecute her claim to his I estate in State and Federal courts. A

decision rendered by Justice Field, sitting in banc with two other federal Judges {last September, was adverse to her interests, and she was the means of cheating a scene tin the U. S. c&rart room on that occasion, which threatened td terminate in a tragedy. She was ordered into custody by toe court for contempt, after interrupting Judge Field when delivering his decision, charging him with being corrupt She struggled with the bailiffs when they attempted to remove her by force, and had an active gjiy in Judge Terry, who drew a dagger, .but was disarmed by toe same deputy at whose hands he met his death. For this act Judge Terry was sent to jail fdr six montoß for contempt, When this occurred statements were publicly attributed to Judge Terry, declaring that he I would have a personal settlement with | Judge Field if he ever had occasion to meet him when released from arrest These statements coming from toe man who had killed U. S. Senator Broderick in a duel, who was popularly supposed to be constantly armed and marvelously proficient in the use of weapons, was regarded as no light statement The remark was certainly current throughout California that if Judge Terry met Justice Field in public a tragic scene would undoubtedly follow. Whether Judge Terry was aware of the presence of toe deputy is not known. Although warned to not strike again by Nagle, he had aimed a second powerful blow at Justice Field, who was still sitting in his chair i but before the blow could be delivered he fell to the floor a dead man. A warrant was issued, Thursday, for the arrest of Justice Field, on complaint of Mrs. Sarah Althea Terry, who charges him with complicity in the killing of her husband, David S. Terry, at Lathrop. Sheriff Cunningham will arrest Justice Field. The attorneys who have been engaged to conduct the defense of Deputy Marshal Nagle, who shot Terry, promised | that Justice Field would appear when wanted, but Mrs. Terry’s complaint was made against both. The warrant was issued by a justice of the peace of Stockton, and is addressed to the sheriff of the county in the following words : “Information, on oath, having been this day 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 aforthought 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.” Justice Field was arrested, Friday, on a warrant sworn out by Sarah Althea Terry before a Sacramento Justice of the Peace. He was immediately released by Judge Sawyer on a writ of habeas corpus.