The San Francisco Examiner from San Francisco, California • 1

MM ffl ID! SUN WARD! For the nearest solution of the mystery of the North Case. See the reward offered on third page. Look out for a lively literary hubbub. Every one will be guessing. See the announcement on the third page.

NO. 46, SAST FRANCISCO THURSDAY MORXIXG, AUGUST 15, 1S89. VOL. XLIX. He did not apparently see Judge the table.

Field. THEY HAVE MET, doing so he passed in front of Field and Neagle, who ot cour at once saw Terry. Neither Terry nor his wife, however, saw the other arty until they had be. conducted to the end of the row and were about to sit down at the third table fiom that at which. Field sat.

Mrs. Terry then noticed 1 leld, and 1 1 once started out of with Field. Left on train for San Francisco, Via Martinez, due at 9:45 a. m. T.

Cunningham, Sheriff. The yellow envelope had barely been torn open before Captain Lees arrived, and he at once assumed charge, knowing that the Chief was detained by important business. Selecting Detective John Cofley as his assistant the Captain started for the next boat, arid was fortunate enough to encounter United States Marshal Franks waiting for the same lerriage to Oakland. The trio had sonie minutes to put in at the ferry landing, and while eagerly discussing events a messenger caught up with Franks with a dispatch stating that Neagle had fired the fatal shots and that Field had nothing whatever to do with it. At the same moment, if Lees had only known it, a dispatch was lying in his office from Cunningham setting the entire matter straight.

It ran as follows back into the crowd, reviling him bitterly as I have already told you. "Ididnotse Terry ehot. He was just falling to the floor as Mr. Lincoln and I entered. Field was standing close by.

So was Neagle. Terrv tell backward. After reaching the floor he didn't make a motion. I suppose it was only two minutes from then that he was dead. He lay almost in the center of the dining-room." "Had Mrs.

Terry been in the dining-room, previous to the shooting I could not say. I was told that she had been, and was returning with the rcti-cu when Mr. Lincoln and myself took it away from her. it was my impression that Mrs. Terry thought Field had killed her husbicd for sometime aficrthe shots were hied.

Except for Neag'e retting off of the train at Tracy with a Leputy Sheriff, there was nothing to attract attention after the train left Lathrop for ibis city." The Long-Expected Tragedy to search the bodv of her husband, but the traveler repulsed her on the ground that he did not desire to be involved in the mater. "Come with me," shrieked the frantic woman, seizing the emblem in question. "I appeal to you by virtue of this My father was a Mason, and you are sworn to protect your brethren. I want you to testify that my murdered husband had no weapon on his person. Come and search the body so that you will know the truth of what 1 say." The gentleman was momentatily impressed by her earnestness, but stopped her impetuous rfish to the waiting room, temporarily converted into a dead house, to inquire why she was so sure that her husband was unarmed.

"Why? Wrhy?" waa the excited response, because -when I learned ot the presence of Field, I coaxed my husband to give me his knife and revolver." Did yon anticipate trouble between the two men asked the cautious traveler. I did not care whether they came together or not," said Mrs. Terry. When I I ill A LilillUil 1U shot him. Just aa this was done I came in and.

saw Neagle stepping back after the shot. Field crouched back in his chair to give Neagle a chance to shoot. "I leaned over my husband as he lay there and had a chance to kiss him before he died. Oh, he looked up and smiled at me just as he was dying. Had he not done this I would not be able to l-e so calm now.

Was it not a consolation to me to see that smile on his lips and see his eves look in mine at the lat moment of his life the lat eyes he ever smiled ip? Look there, you can see the smile on his face yet. When I rose from his body, when I saw he was dead. I called on the crowd to arrest these men Field and Neagle. Those present had seen the murder and knew it was cold blooded. A man told me that Neagle fired so quick that he must have bad the pistol cocked in his lap.

Field did all he could to drive my husband to desperation. Not satisfiVd with sending him to jail, he went East and circulated pamphlets against him. My husband controlled his feelings all he could. It must have been a sudden impulse that caused him to slap Field. The siht of his face must have driven him like a Hash to otey an impulse he could not mas er.

I shall have him buried in Stockton by the side of his first wife, whom he 1 as wel. as he did me. It is only right that he should lie by his dead wite and his dead son. It is his place now." AS A WITNESS SAW IT. JUDGE TERRY KILLED.

FIELD EXCISES NEAGLE. The Jaattre's nictated Statement He Slap? Justice Field's Face and Is Sliot by a Marshal. by him to assassinate Judge but they let him escape. The Judge never intended to do anything more to Field than slap his face, 1 never allowed him to carry a pistol or knife for ar he might get into some trouble. I always took his arms away and carried them myself.

The Judge was to be tried before Field to-morrow on one of those indictments. Think of that in the light of what has happened. Intended to Avoid Field. For several days people had been coming and asking when Judge Terry was going to San Francisco. It seemed they had telegraphed to find out.

i suspected that some job was being put up on him, on account of these people asking that question, and I begged him to be careful and not go on the same train with Judge Field. We were to go to San Francisco yesterday, but the udge said he would wait until this morning, because he said Field would have tj travel over night in coming from San Francisco, and Field would not want to travel by night, so Judge Terry said he would wait until this morning to avoid meeting him. Judge Field not only sent my husband to jail for six months, but got out a circular to prejudice people against him, and some of these circulars were sent to me with the compliments of Judge Field. Of course such a thing as that exasperated Judge Terry. Whv should a JuJge issue a public circular to prejudice the peopde if his acts on the bench were right and just? I have proof that he sent a privileged communication to the Gran 1 Jury saying that Judge Terry must be indicted.

Judge Terry protected Field when he was on the bench, and this is the thanks he gets from the coward. I want Judge Field arrested as an accessory to my husband's murder." 1 Neagle Arrested at Tracy. Judge Field and Neagle left Lathrop on the train when it pulled out. No one offered to arrest them in the face of Neagle's threat to use his pistol and resist. But as soon as Mrs.

Terry could control herself she sent the following dispatch to Tracy to head off the slayer of her husband Constable Byrnes, Tracy: Arrest Deputy Cnited States Marshal Neagle and Stephen J. Field, on board of pacsencer train No. IS, for murder of Judge Terry at Lathrop this morning. Mrs. Teery.

The startling news soon spread through Tracy, and as the train drew up to the station Byrnes asked the conductor which csr-tb Judfe. 9nrfivJVfArshal ''x I went for a cup of tea for Field, then showed two gentlemen to a table and as I turned around I saw Judge Terry bonding over Judge Field. This was probably five or six minutes after Judge Terry sat down to the table. Mrs. Terrv was not in the room then.

As I turned about Judse Teny was bending over Judge Field and looked as if he was going to speak to him. Then he raised his hand as if to call his attention, not to hit him a blow, but just a sort of tap (illustrating on the right side of the face). Terry apparently iust brushed him with his open hand and did not strike him any place. I did not knjw whether he touched him or not. "When Terry did this hewasricht behind Field and a little to his right.

He used his right band in making this motion towards Field, but I c.uld see where his left hand was. He was bending over when he did this and just as he rose up Neaiile shot him. 1 was about four feet from Terry at the time this occurred. I think Terry was standing about twelve or fourUen inches from the chair of Judge Field. He was facing Neagle.

Immediately on the shot being fired he fell to the floor on his back with one foot under There was a second shot fired instantly after the first After the second shot Neacle said he was a United State officer. When the second shot was fired Terry was in the act of failing. I saw Terry give Field but one tap of that kind with his open hand, and I was looking at them all the time. His hand was not closed at all he just brushed the face, if he touched Field at all. "It couldn't have been more than two seconds from the time udge Terry raised h's hand until the lirst shot was fired.

I didn't have time to take a move or step towards them. I don't think there was any perceptible lape of time from when Judge Terry brushed his hand across Fields' face to the time of the first ot. A roan would have to have his hand on his pistol to draw it between the time I saw Judge Terry's hand brush Field's face and the shooting. I had a conversation with Neaple on the train and he told me that Judge Field had been that Terry was on tlie train. That was all he said to me about it." The Verdlrt.

The arresting officer. T. B. Walk-r, Constable of lathrop township, testified as to making the arrest of David Neairle and identified the revolver. It was a Colt's sin-Ele-action 45-caliber.

Other tes'imony established the fact that the bullet taken Stockton. August 14, 183 Chief Police. San Francisco: Have got Deputy United States Marshal Neagle for scooting. Don't w-nt Field. T.

Cckkinghax. Sheriff. Captain Lees, however, knew nothing of this last dispatch, and pushed on with Colfey on the chance that Franks dispatch might not be correct. THE Al'TOP9TAXU INQUEST. Neagle Charged With the Killing Course of the Ballet.

Stocktoic, August 14. At the inquest tonight no new facts were brought out, but a number of witnesses to the killing were examined, among them being the hotel proprietors who feared trouble and tried to prevent it. The jury, brought in a verdict that deceased was aged sixty-seven years, and came to his death from the effects of a gunshot wound inflicted by David Neagle at the room. Judge Terry remained, occupying a chtr at the head of the table, where he could look along the row and see his enemy. J.

E. Stackpole, one of the hotel proprietors, noticing Mrs. Terry's withdrawal from the din'ng room, stepped up to Judge Terry and whispered udge, I am afraid your wife has gone for a weapon. Do you think she would be so indiscreet as to do ans-thing Whv?" responded Judge Terry. "Who is here?" Judge Field," answered Mr.

Stackpole. Terry looked and his eves rested on Field. "Well," he turning to Stackpole, you had better go and watch her go and watch her." Stavkpole then went the length of the dining-room and met Mrs. Terry at the door i Jier return. She had a satchel in her hand.

He was restraining her from entering when the tragedy occurred. The Shootinjr. Proprietor Lincoln had in the mean time stationed himself at the foot of Judge Field's table for the purpose of interfering should hostilities begin, but the shooting was so sudden that he had no opportunity. While Mr. Stackpole was talking with Mrs.

Terry at the door Judge Terry arose and passed through the room. People supposed hti was going out to see his wife. When he was back of FieftTs chair he halted, and either sapped Field lightly on the face or was eaching for his whiske; at the same instant bending forward as if to speak to him. Instantly Neagle turned in his seat, partly rising at the same moment, thrust a revolver at Judge Terry's heart, and fired. Judge Terry licf not drop instantly, but stood facing Neagle with a savage glare.

Neagie's face was as white as a sheet. In a moment Terrv fell, sinking, Neagle at the same instant firing a second shot, which clipped his left ear. At the sound of the fatal shots his wife darted into the room. She flung herself on the dea dy and kissed the lifeless lips. Eighty or ninety persons were in the dining-room at the time, about half of whop xush was" made for THE MAN FROM TOMBSTONE.

David Neagle, tlie Slayer, Now in Jail at Stockton. Ti for. What Led to the Killing. Yesterday afternoon Judge Field carefully dictated to a shorthand reporter the following story of the killing, and the causes which led to it: During Jadee Terry's confinement ia the Alameda Jail, be threatened upon his release to kill both Justice Field and JuJre Sawyer. Prior to being committed for contempt of court.

Mrs. Terry, in bis presence, had tnaJe an assault oa Judce lawyer, on the lxs Angeles train. His friends and enemies at that time believed that bad Sawyer resented the Innult Terry would hsve killed him. Terry's threats raa during bis imprisonment and after his relea rvacbed the ears of Judge F.cld's colleagues, and wera, also, made known to the Department of Justica in WasDlngron. Mr.

Miller, the Attorney -Altera! of the foiled States, sa the superior ofheer of the t'nited states Marshal in California, ordered Marshal Franks to take whatever means were necessary to protect the persons of Justica Field and Judge sawyer from any attack by Terry. On bis arrival in California to hold court lit this part of his circuit. Justice Field objected to being put under the protection ot Marshal office. ben asked if ha intended can-ring arms to defend himself be said: "No, I do not and will not carry arms, because when it is known that the JoJees of our courts are compelled to am themselves for defense against assault ia con-aequence of their judicial action, it will be time to di-solre the courts, consider government a failure and let society lapse into Against his objection to protection. Franks declared himself subject to AtforufT-iiensrml Miller's orders, and deputized Mr.

Keagl to keep within react of Justice Field, ready to carry out tea or lers of that gentleman. Justice Field presided ia the Federal Court at Los Anceles until noon on Tuesdar, and then toot tne 1 tr in for San Fran-ico. Mr. Neagle occupied a section opposite to him ia tha Pullman ear. Some time late latt nlpht Justice Field beard THE HEART EBOKEN WIFE.

THE BrLtET-HOLE IX THE WALL. Mrs. Terry and the Little Satchel-How Terry Fell. "The first rush incidental to the meal hour at a railroad station being over and nearly everybody being seated," stated W. H.

Worswkk of the Ventura Asphaltum Company, 110 California street. "I found myself seated very near Justice Field, who had come in one of the first and was eating. A few moments later ex-Ju lge Terry and his wife passed in through the folding and, arm in arm, walked slowly down the aisle. They undoubtedly were looking for seats, and one of the waiters hurried to them, pointing in the direction of the ack part of the room, as though indicating that ihov cou'd be accommodated there. "Suddenly Mrs.

Terry kind of tugged at her husband's indicating to him that there were seats over in my direct on. From what has transpired I suppose that she was calling his attention to the presence of Justice Field. My eves were on them but rt moment after that, during which I 3he Cries for Vengeance and Stays by the Body of Her Dead. once obtained custody of the Judge's arms, it made no difference to me whether they fought or not. I knew that my husband could whip half a dozen like Stephen J.

if it came to a question of fists and cle. Now will you come?" The traveler declined and ten seconds later the train pulled out of the station. The body of Judse Terrv was taken into MY FATHER WAS A MASON. I the bnrbar shop off the it the doors, the women shrieking i J.vfit'i pvolver. Assistant District Justice Field Says "There Is Nothing; But tlie Inquest to Held Now." saw mo -eilr conversation.

ben looked up next Terry wajrlin alone, his wife, as it appears now, having out again to the train. AS TOLD BY EYE-WITNESSES. BTErilEN J. FIELD. being informed he proceeded to the door and met Tom Walker, Constable at Lathrop, coming out in the company of others and Neagle.

The Marshal stepped in the station, followed by the officers, where the arrest was quietly made, and as Byrnes had business in Livermore Walker got a horse and buggy at Byrnes' stable and departed for Stockton with his prisoner. Their Ways Diverged. The body of the dead man was taken to Stockton by Coroner Brede, there being no propter place for an inquest in Lathrop. Mrs. Terry remained by the body all the while, moaning and wailing most of the time.

She even rode her dead husband in the express wagon which took him to the Morgue. Publ opinion in Stockton is largely in favor of the Terrys. Many persons publicly characterized the kdling as a brutal murder. Judge Field proceeded on his way to San Francisco, after the arrest of Neagie. Judge Field's Story.

The Oakland boat that brought over the passengers on the down train was swarming with reporters. Manager Livingston of the Palace Hotel had been notified of the tragedy and had a carriage waiting at the Oakland mole when the train came in. Judge Field entered the carriage with Jud; ani nnn spoken to es-ele said that lerry and bis nail boarded be train at Fresno and had taken seats in the next car. On tbe arrirsl of the train at lathrop at about 7 o'clock this morning Janice Field, having completed his toilet, left tbe car to get breakfast in the public dining-room, lia took his seat near the head of tbe second table from the entrance, Mr. Nestle taking a seat near at baud.

While Field was eating Terry and his wife entered the room. As tbav bottt glanced at Field, apparently locatins him. Mrs. Terry returned to tbe car. aa it waa subsequently ascertained, forth purpose of securing her notorious satchel.

Terrv took a seat alone at another table, and la about fire minutes arose aud, approaching Justice Field from behind, struck him with half-closed band in the face. Neagle jumped to bis feet and commanded Terry to stop, lint Terry stepped back a half pace, clinched his titt hard and aimed a blow at Field, who as rising from hi seat, balf-facinr hi-r. he fore ibe blow fell men calling lor the capture of the assassin. Neagle's Defense. Neagle backed up against the west wall.

With his pistol still smoking in his trembling hand, he held it a little forward of his hip. as if ready to raise and tire. Facing the crowd he called out: "lam a United States Marshal, and I defy anybody to touch me." "i put in Justice Field, who stood over the body of the assassin's victim, "that man assaulted me, and my officer shot him." The crowd was in denbt. They thought that the slayer should be apprehended, but with an Associate Justice' of the United States Supreme Court standing there apparently discountenancing tlie a rest they hesitated. Neagle was accordingly allowed accompany Field to the irain.

Reaching the tr.dn they entered the sleeper. A few minutes afterward Constable Walker arrived at the scene and also entered the eeper. Sheriff Purvis of Stanislaus county, too, went into the car. Witnesses say that Neagle exhibited a document purporting to have been issued by the United States Supreme Court ap- i wanting him as a spec'al Marshal to escort 'Meld to San Francisco. This document, according to the witnesses, stated in effect that Field's l.fe had been threatened, and authorized Neagle to protect Field against all persons, and particularly against Judge Terry, even if it was necessary for him to take a life in so doing, i Their Lat Kiss.

that some one of the jury had expressed a desire to have David Neagle brought before them for the purpose of identification, as it would affect their verdict. He could not see how the presence of Mr. Neagle could affect the verdict. The object of the inquest was to ascertain the cause of the ot Wavid S. Terry.

If it was shown that he came to his d'eath from violence, then to inquire as to who committed the violence. If it was shown that he died from a gunshot wound, th it was the business of the jury to say at whose hands he met his death. L. Wolf, one of the jurymen, said he like to have the prisoner laced oa the stand. The jury might wish to exonerate the prisoner.

Mr. Gil son replied that if Mr. Neagle was brought before the jury and placed up the stand he woul I probably close his mouth aiid keep it closed. A few days' imprisonment for contempt would not make much difference to him, and in the end he would probably plead his statutory privilege on the ground that he would criminate himself if he testified. The matter was then subm tted to the jury, which retired at 10 o'clock to find a verdict.

At 10:15 the jury returned and banded In the following verd.ct: We. the Jury, find Hint the dereane named David S. Terry, that he was unlive of Kentucky seed about rixty-ievea years, lie came to bis death on the 14th of August, in this county. We further fiuJ that the said David a Terry came to his death from the effects of a gunshot wound inrlicte bv one The long-lookcd-for meeting between ex-Juricc David S. Terry and Justice Stephen J.

Field cceurred at a railway eating-house in San Joaquin county yesterday morning, and another, and the most tragic chapter thus far written, was recorded in the Hill-Sharon raise. The famous duelist, politician and lawyer who has been a prominent fisrurein California history for so many years died with a bullet through the heart in the arms of the wife whose cause he had so passionately espoused, while his heart's blood bespattered the feet of the Justice of the Supreme Court of the United States, to whom he had just offered a gross personal indignity. Neagle nreo. tna oau entering terry nearc, as be was fallinr to the floor Neagle second shot pierced his bead. Justice Field finished his coffee, paid for his breakfast and re-enterad hia car.

AN EVENT Ft LIFE. Sawyer, and. the two passed on to the boat SHOT KOK A BLOW. The Story of How and Why David Xeagle Killed S. Terry.

Justice Stephen J. Field of the United States Supreme Court boarded the Lns the shots were tired and Jud the shots were tired and After Judge Terry had sunk to the floor h's wife THE OATH AND BLOW. I was too busy eating to keep tr-k of all that was going on, and. besides. I never in the world dreamed that there was going to be some shooting.

What took place subsequently passed off so rapidly that I'm bewildered yet. I saw a tall form coming in my 1 1 was Terry, but I saw him indistinctly, only from the corner of my eye, and lieyond noticing his approach 1 paid liule attention to him. "The next moment I heard an indistinct grumble as though nome coarse voice was muttering a curse, and the smack of a slap resounded. I did not see the blow deliver, but from the attitude of evcrylody present it was evident who were the participants in the affair. The disinterested pieople seated at the table jut lelore the trouble no doubt anticipated some row when the blow was struck, because they all jumped up.

"Justice Field, who wa-t taken from the rear, was not expecting to le hit, and the dan neaily knocked him over, his glasses flying irom his nose to the table. If it had no; lieen for the man next to tne Ju-tice I feel tisiied that Terry's blow would have thrown the Justice to the Moor. THE LITTLE THIS MAS. It was at this juncture that I lirst saw a liille thin man whom 1 have le.irnl since is Neagle. He was at Justice Field's side in a moment, his left hand over the Justice's head as though he was endeavoring to protect him from the second blow that Terry was about to strike.

I did not see a pistol in Neagle's left hand, and as he had his Itaek to me I could not see what he held in his risht. I beard a shot, the smoke, fl.tsli and everything else indicative of the taking place from about the hight of a man's shoulders, between Neagle and Terry, right o.er t'-e body of the Justice, who had not yet recovered from the blow he had received on the side of the tace. There was a regular stampede for the outside hen the shot was tired, the hundred or more hungry men and women abandoning their meal, ured on by the danger of the situation. A table and many chairs upset in the ru-h did not help to qu et the panic while women, children and even men who should have een more cool made matters worse by screaming help and murder. The rush for the doors was terrific, actually lilting me oft my feet.

As I pas-od by so that 1 could see Terry be was on the door. Ids body being in a sitting position, resting on this right arm. He was not dead then, but before 1 could enter the dining-room again alter being David Neagle, at uie town of l.tdroi, ronnty oi Angeles (S press on Tuesday afternoon tranK nouir. He burst in upon the scene. was lying on a bier wuen an Examiner correspondent reached Lathrop by team an hour after ihe tragedy.

The Dead Body. The remains were directly beneath two windows opening on the platform, and in front of the w.ndows a crowd of twenty people had collected, peering in and listening to the lamentations of the widow who sat at the head of the corpse alternately kissing the blue lips and crying and wailing. A white sheet had been thrown over the corpse and a wet white napkin over the face. The left cheek and the left side of the forehead were specked black with powder marks. The second buliet cutting the lobe of the ear at the rim had caused blood to trickle down into the hair back of the ear, and at lirst it was thought that he ha 1 been shot there also, but an examination disclosed no wound.

The sheet being drawn down from the shoulders, a ma -s of thi -k blood was seen covering the entire lelt breast and extending around under the left arm. The shirt was opn and the sickening hole right over the center of the heart was exposed to view. The eyes had been closed and the wrists bound" together with a strip of cloth. The features seemed to be even lbroader than in life, and the upper lip was very thick and protruding, the mouth being slightly open. A Hole in the Floor.

Returning from the barber shop into the dining-room, the iejorter's attention was attracted by half a dczen people who were looking in at the north wall. Two holes could be seen in the iper-covered wooden partition. Each was about a foot above the floor. One, supposed to be the hole resulting from the "second shot, was near the west end of the wall, just back of the barroom door opening on the platform. The other was abiut twelve feet to the right of this, and near the door between the barroom and th dining-room.

On the floor of the and at a point some ten feet from the spot of theshooting. there was a mark made by the ball splintering the wood. This bull, which glanced up and went through the barroom partition, is supposed to have been the second fired. The reason for this supposition is two-fold. In the first place, it seems hardly reasonable that Neagle coulel have entirely risen from his chair, so quickly was the shooting done, and held his above Terry's beard while the muzzle was pointing forward in such a way that the ball would strike the floor only ten feet distant, after passing throuzh his body.

In the second place.it would hardly have had force enough if it passed tn rough the body to so splinter the floor and then perforate the wall. So it looks as if the ball wh'ch glanc. from the floor was the second tired, and if this bs so Terry must have been pretty well down when Neagle shot the second time, and he must hava been an excellent shot to come so near the head as to dip the car when he was falling. The Widow's Lamentations. Mrs.

Terry's eyes were red with crying, her hair was disheveled, her hands trembling and she paced the room in a fit of frantic grief, now and then to kiss the pale forehead and caress theclammy hands. "Oh, my darling," she moaned. "Oh. my sweetheart. Can yo.i realize that he is dead? Can vou rejlize it? Oh, my dar- Kiu Joaquin, State of California.

A. P. 'irefrr. F. M.

Kenne.lr. A. Leniiitu, in company with i nomas iisnop, the attorney, and Mr. Livingston. The reporters and friends of Field crowded about the carriage, and a mob of people went into the boat along with the carriage, despite the frantic efforts of the officials to collect tickets.

The gatekeeper followed the carriage into the boat and demanded the tickets, which were given up. Scores of picople did not give up their tickets, going in with the rush. Judge Field said toan Kxamisfr reporter: I was sitting at the table eating my breakfast when Terry came behind me and slapped my face. I turned round. asd sar Wolf, M.

LCady, Frank Madden. Ganiumirti, aud Msleolm Mac re A. L.Walker. James tor a L. UtDMl.

Seeing him lying near Field's chair. With the blood streaming from a wound in his head, she cried out: "Oh, God tl ey have killed my husband, thv have killed him." had heen holding court in that southern city. With him was Deputy Marshal David Ktagle, who had been detailed by Marshal Franks to accompany the Justice and protect him. The detailing: of this bodyguard STATEMENT. MICS.

TEKHVS Merti- She Denies That Iter Husband tated Any Harm. ISpeeisl to the Ex AMINES-I Stocktox, August IL The Examiner rcorter found Mrs. Terry at he Coroner's office. She was standing by the body of her hir-band, who wa lying in his coffin in the rear room. Her hair was fis' eveled and her face wore a look of settled wdma- Lathrop.

The autopsy was held this afternoon. The wound was a little below the level of the nipple, one inch to the left of the median line. The bullet went between the fifth and sxth ribs, cutting ie edge c.f the sternum on the left side and penetrating the pericardium. It passed through the right ventricle of the heart, perforated the diaphragm, passing down through the edge of the right lobe of the liver, to the riaihtof the spinal column about the tenth dorsal vertebra, shattering the body of vertebrae an imbedding itse.f in the bone. Ihe bullet was only slightly abraded by striking the bony structure.

Another slight wound in the upper of the left ear is supposed to have been caused by the second bullet. All the organs were healthy except the lungs, which were slightly congested. Mrs. Terry remains at the Morgue, refusing to leave there. She was urced to go to her room at the hotel, but refused.

The inquest was hold in the Superior Courtroom this evening, every availab'e seat reing occupied and a formidable array esent of legal talent representing the State as well as the prisov.er. District Attorney White was assisted by Deputy District Attorney William M. Gibson. Ituss Ward of Merced and W. 1.

Grady of Fresno. For Neaarle there were present J. C. Campbell, W. L.

Dudley. James H. Budd, Henry C. McPikeof San Francisco, formerly assistant United States District Attorney, and C. T.

Jones of Sacramento. R. 11. Ward was the first witness sworn. He is a lawyer practicing in Merced.

He identified the body at the Morgue as that of David S. Terry, aged sixty-seven years, a resident of Fresno. Dr. F. A.

Giesea testified as to the holding of an autopsy on the body, g.ving the result as published elsewhere. He gave it as his opinion that death was caused by a bullet wound, as described in the autopsy. Dr. II. Bulson testified as to tlie autopsy in substance the same as given by Dr.

Giesea. John Barrett. Deputy Coroner, testified that he examine I the Judge's body and clothine after his at Lathrop. He found iflfK) in gold. $5 75 in silver, some Capers and keys and a small pocket-knife, ut no weapKjn.

T. W. Stackpole testified that he was in the dining-room when the shotting occurred. He saw Judge Field come in. "Mr.

Lincoln told me that Judge Field and Judge Terry were on the train and that we might have trouble in the dining-room." he said. 1 told him ov all means put them at different tables." udge Field and a man I did not know came in first. Judge Terry and his wife came in a moment or two afterward. They got opposite Judge Field. rs.

Terry passed and looked at Judee Field, who partly rose from bis chair. He looked disturbed. Mrs. Trry Went Out. Mrs.

Terry turned and went out of the room. I stopped her and asked what she was iroing out for. She replied that it was no aff air of mine. "Then I went to Judge Terry and said to him that I hoped rs. Terry would not so indiscreet as to get a pistol and create a disturbance in the dining-room.

He replied: 'Why? Who is here?" I told him Judge Field was in the room. He looked disturbed, and said he hid not. know; that I had tetter look after ber and not let her return. Before she got back the shooting occurred. I could not tell who did the shooting.

When I heard the so.md of the first shot I hurried toward where the sound come from. There were three or four men together. One "of them was Judge Field. He was just rising from bis seat, lie loeked frightened and very much agitated, and I thought be was the person who had been shot. "I-went over to the spot-and asked what was tl matter.

Judae Field said: This man assaulted me and my officer shot A Brier SI etch the Teran staout Career EtJsdcs Terry. David Smith Terry was born in Todd county, Kentucky, March 8, 1823, of Scotch-Irish extraction. Terry's father was a cotton planter in Kentucky, and afterward in Mississippi, and when Texas was struggling fr independence he hast cned to that. State, where he died in IS35, leaVlng a widow and two sons. Mrs.

Terry died a year later, and a glimpse of David SL Terry's life is caught from a letter penned to his wife, printed in tlie Sm of July 2, By the death of my mother, I was left, at tbe ace of thirtoea years. t- my own guardianship, my only counselor Wing my brother, who was two years older than myself. From that age 1 counted myself a man. and with men aye. and played a man's part in the struggle which secured the independence of Texas." Terry served in the Texan army under the redoubtab'e Sam Houston and took part in the decisive battle at San Jacinto.

After peac and independence had been won for Tcxa he studied law and was admitted to the bar at Houston. Wheu the war with Mexico came tip be was one of the first to enlist, and he nerved with distinction under Hcneral Taylor at Monterey. HE CAM TO CALIFORNIA. In 1M' he crossed the plains with a company of Texai rangers and settled in Calaveras valley, where he followed mining for a short Uiu'e. Ile removed toSteckton and began law.

In IKjM he was defeated for Major of that city by Samuel Pnrdv. In the fall of he was elected on the Native American ticket a Justice of the Supreme Court for a tour-year term. He took bis seat in 1. and on September IS, ls.7, Chief Justice, vice Judge Murray, deceased. THE VbJlLAXCE COMMITTEE.

The first year of Judge Terry's judicial tenure was marked by an extraordinary event. It was tbe year of the famous Vipilance Committee. Terry was pronounced against tlie organization and declared that it should be suppressed by tbe military authority of the State and nation. tovernor Johnson proclaimed the city San Francisco in a state of insurrection. Arms had been shipped by State officials from Sacramento to be nsed by State troops in San Francisco, but a party of Vigilantes, under J.

L. Durfcee. seized Uie ves-ei in the strait between San Pablo and San Francisco bays. The committee, in investigating tbe matter, desired the evidence of Keuben Malonev, a 6trong enemy of the organization, but lie refused to testify. Force was determined on, and Serjeant S.

A. Hopkins and two men were ordered to attend to lringing Malonev before tbe committee. Malonev was fuund in a room with Judge Terry and another friend. Terry declare I that they could not take Maloney. Hopkins secured reinforcements, an I meeting his game on the streets proceeded to arrest him.

Arrest was resisU-d by Moloney and friend, and in tbe struirele Terry stabbed Hopkins in the neck. erry was overoowercl and imprisoned in Fort He was released after a close sei.t ut he bad exiired. I did not catch sight of Mrs. Terry after THE STATION BUILDING AT LATH ROP. she left her husband in the room, but 1 learn from my fellow-passengers that she had gone to the train and returned with a sruall satchel.

Before she could reach the the din.ng-roorn the shot mas tired and we were all rushing out She battled to stem DAVID S. TERRY. DARAII A. TERRY. the rush of people outward, shouting, Let me in: I'll finish him.

tion. She was as calm aa a woman could lin'-'. mv dar.ing! Oh, how can I live with- "I don't know what she meant by that be under the circumstances and refused to unless she thought that Terry had done the leave the coffin. shooting. Several friends and relatives were pres MRS.

TERRV'H SATCHEL, With this she fell upon his body moaning and crying. "Oh, kiss me before you die!" Those who stood near the body saw Terry open his "jes and, with a l.sst eff rt, raise his head toward the agonized face that bent over his. He only raised his head a few inches, with a physical effort that seemed to take from his body the last remnant of strength that he possessed. itis wife's hand glided under his head, and their faces met ai they kissed each other farewell. A moment later his head sank back, and he was a dead man.

Mrs. Terry continue I to bend over him and shower 'kisses and tears upon his face. An Appeal for Vengeance. This did not last long. Suddenly Mrs.

Terrv rose from her hus ent, to whom she was saying: "Oh. mv of the husband, my sweetheart! He was all I One or tbe Striking Incidents Tiagedy. bad. and they have murdered him. Shot E.

F. J. Ottarson, with Yate cor ner of Pine and Front streets, was tbe man who grabbed Mrs. Terry's reticule as she came rushing from tbe train aua uasuetf into the dining-room. In cominv with Mr.

IJncoln of the firm of Lincoln A Stackpole he was standing close to the entrance of the dining-room. Her eyes ablaze and her face white and set Mrs. Terry rushed toward them. As she came near her hand was on the lock of the famous him down in cold blood. Oh, my God, there is nothing left now for me, my last stay is gone." The Examiner reporter asked for an interview which was granted immediately.

She said: I heard yesterday that Judge Field was going up on the 12 o'clock train to sit in the indictment cates a jainst us in San Francisco and I begged the Judge not to go up on that train as there mhtht be trouble. He said that it would be too much for me to get dp at 3 o'clock in the morning but I told him I was quite willing to do so. and we left at that hour. Before leaving Fresno I begged him not carry any weapons, and he gave up his pistol to me and went into the train unarmed. I had his pistol in a handbag.

Just as we boarded the train at Fresno a man I had seen hanging around our house got on the train after we did, ami walking up to us said "Is this Judge Terry? Are you goin to get off at Lathrop? 4 Why do you want to know asked the reticule, as if to open it. "Catch old of her, Lincoln!" exclaimed Ottarson, as Mrs. Terry was about to pass into the eating-house. With this remark Ottarson himelf co i linemen of seven weeks, liopaona- was on account of instructions to that effect from United States Attorney-General Miller, who had heard in Washington of threats made by Judge David S. Terry and wife that they would kill him.

Justice' Field and Neagle occupied a section in the slceping-ca and about 3 o'clock yesterday mcming their train reached Fresno, the home of the Terrys. Was It Fate? While Justice Field and Neagle were speeding over the Tehachipi grade and down the San Joaquin valley, Judge Terry and his wife were bustling about their home near Fresno, preparing to board tiiat sell-same train. They had previously instructed Hackman Frank Wilson to call for them in time to take it. When the Terrys left their home Jud.e Terry carried a small gripsack and an overcoat. This was their only baggage.

They could not' obtain sleeping berths and so took seats in a day coach just ahead of the sleeper in which Justice Field was peacefully slumbering. Neagle See Terry. The train then pulled out on the run," north. Early in the morning Deputy Marshal Neag'e rose, dresed and went out. on the rear platform.

In a short time, and soon after the train left Field entered the lavatory and exchanged greetings with Neagle. Then the latter remarked, I will take a walk through the trail." In a moment he returned. lie had seen Judge and Mrs. Terry in the car immediately ahead of the one in which himself and the Justice were traveling. He said: "Judge, Mr.

and Mrs. Terry are in the next car." "Ahem! Is that so?" said Justice Field, and made no further comment. The two men then went to Justice Field's section and engaged in a quiet conversation. Neither seemed apprehensive of danger. When the train whistled for Lathrop Judge Field remarked that his appetite warranted him in going into the railroad eating-house for breakfast.

All right; I'll go, too," said Neagle. Judge Field and Marshal Neagle were among the first to enter the large dining-room. They took hairs at the second row of tables from the vest side of the room, sitting at the third table from the back end of the apartment. Field occupied the seat next to the foot and, the guard sat at his left. Coffee had just been served them when Judge Terry and his wife entered the room, escorted by Mr.

Lincoln, one of the proprietors of the eating-house. Lincoln knew of the presence of the United States Supreme JuJge, and accordingly led Judge Terry to another tabl distant from his seat. In wound not proving serious. PfEL WITH RODERICK. The Dcmocraticrartvof Californ'a.

which. him with his hand raised and a horrible expression on his face, preparing to strike again. Marshal Neagle rose and remonstrated him, but it as of no avail. He rushed tiward me again with his hand upraised, and Neaele, drawing his pistol. shot him dead.

That is the whole truth of the mat-tec, just as it occurred. Nothing more need be done except to have the inquest. liy Orders From Washington. "Some time ago the Attorney-Genera'! wrote to the United States Marshal th it he had cognizance of the threats against my life made by Judge Terry, and ordorcd a bodyguard to be placed at my disposal to protect me from assault. Terry was lient on publicly humiliating and insulting me." Judge Field seemeel in a happy frame of mind as re talked with the reporters and friends who gathered about the carriage, and answered all questions freely.

After boat landed he was driven to the Palace, accompanied by J. P. Irish and Judge Messick, and refused to allow any cards to be sent up. Judge Terry's C. IL Terry, the son of Judge Terry, was at the boat.

IIe said to an Liamivk reporter: It is a proposition tlHifc 'bodyguards can shoot down unarmed men. My father, I understand, had no weapons. He never made anv threa'ts against Field. rs Terry did make threats, but my father never did. I often asked him what he was going to do after lie was imprisoned by Field, and he never would pay.

He never allowed a syllabi escape him which could be construed into a threat. If he would not confide his ideal to me, his son, he was not likely to communicate them to other people." Field Not Arretted. The Old City Hall was the scene of considerable excitement when Captain Lees arrived at 8:30 a. m. Detectives Bainbridge and Colby, who have charge in the "absence of the heads of the department, had received a telegram announcing the tragedjr and requesting that Justice Field and Deputy Marshal Neagle be arrested on the arrival of the train.

The dispatches were dated Stockton, and show.i. in the light of subsequent data, that Sheriff Tom un-ningham of Sin Joaquin, who sent the message, had been misinformed -as to the identity of the pistol-wielder, or; rather, had received a misleading dispatch. The Sheriff's message was as follows: RTOCRTOJJ. Atlg'ISt 14. P.

Crowley. Chief of Polie. Sam Francisco Arrest Field, States officer, for murder of Judge Terry, at Lathrop. T. Cusmsgham, Sheriff.

Ten minutes later came a second wire aa follows: Stocktox. August 14. P. Crouiley, Chief of Police. San t'rnncuco: Arrest United States Deputy Marshal, also on train out yon! Oh, to think I just been asleep in his arms on the train and then to awakt to tuis! Oh, those dear hands.

My God, mv God! why don't they hang that man tlie cowardly murderer! He's too cowardly to be given a trial, the lurid a-sassin! Oh, that my husband should cjme back to his own county to be shot like a dog! Oh. my sweetheart, if I could have offered up my life for him." I want you to arrest Judge Field," she finally said, turning to District Attorney White. "I want you to arrest him. as an accessory. Don't let hitn get to San Francisco.

I was a cold-blooded murder, and the Marshal was hired by Field to do it, that's all. But I want you to know that Judae Terry had the satisfaction of slapping Judge Field. Thev shot him down like a dog in the road, ile was the soul of honor. He wouldn't tell a lie to sav; his life. Oh, if I cou be in your place, my love," she cried.

Oh, if I could bs here in your pilace. If it was only I instead of you, who nave so many to love you. Sweet, sweet lips, and he "died for me. My God, my God, and he felt it so, too, to think that he was thrown into jail for protecting his wife. And if he hadn't protected me you would have called him a coward.

If he could only have been sick, and you'd have had the satisfaction of caring for him. He was such a gonl, kind husband. Nobody ever had a better; nobody ever a more loving husband. Oh, how can I give him up mv love. Oh, my love, may God take your soul and protect you, and take you to his heavenly home." Terry Had No Pistol.

In resronse to a question by the reporter Mrs. Terry quieted down somewhat and told the of the shooting, and also what had preceded it. Her left cheek was with blood from the dead man's wound, and her eyes were wild with nervousness. She said that Field raised up his head when he saw her in the dining-room. She did not see him until she was about to sit down; then she started out of the thinking that Judge Terry would follow her.

When she saw that he was coming she thought she would continue on and get his pistol, which, together with his his knife, she hael taken from him. Before she got back into the room the shots were hred. She entered and saw Neagle with a smoking revolver- in his hand. Field also had a. pistol drawn, said Mrs.

Terry, and was standing above the dying man with a triumphant grin on his face. My husband" she continued, "said not a word. He didn't opien his eyes. Then I called on the men to detain the murderer, but instead of that they held me and let him go. I said, I want you to hold Field here as a witness.

The Marshal was paid had a'wavs been violently disturbed by factional strife, split entirely in two in The Douglas, or anti-Ijecompton wing, was led by Senator David C. Broderick. while Terry was a warm supporter of the Bu prasped her by the wrist. Lincoln seized the reticule. Mrs.

Terrv struggled with them. What do you mean by touching me Let me go!" she shrieked in detqra iorrT It all happened in a moment. Ottarson, with a sudden jerk, secured the handbag out of her hands and gave it to Lincoln, teliimr him to put it away. When I heard the ehot in the dining-room, saw Terry lying on the floor and then saw Mrs. Terrv coming on a run with the reticule in her hands it flashed across my mind that it might contain-a gun," said Mr.

Ottarson. "For this reason I seized it. Whether it contained any weapon I can't say. It was not opened in my presence. My action, however, were on the supposition that there was a gun in it, and I simply wanted to prevent Mrs.

Terry from doing any harm in case there was. The satchel was taken from her iust as she saw her husband laying prostrate on tbe floor. Sue was in a frenzy of passion-Anger and fury were depicted in her face. Unlike most women the sight did not make her the least bit hysterical. Catching sight chanan Administration.

On the 2.n or. June. Judge Terry delivered a speech band 'a corpse and, rushing through the door, began a passionate appeal to the crowd to avenjie her husband's death. She seemed to labor under the impression that her husband had been killed by Field, and strode up and down the platform like a tigress, saying that she was a Mason's daughter, and aked if there wee any Masons in the crowd who would take vengeance on Field. There was intense excitement in the crowd, and one man, stepping out, said that he was unarmed, but if he could get a gun he would go inside and call Field out.

Several more people "brcame excited an 1 sided with Mrs. Terry, when an old lady stepped up and remonstrated with her anU endeavored -to quiet her. She called the excited woman's attention to the fact that no act ot hers could bring her husband back, to life, and that the best policy was silence. Her counsel seemed to haw considerable effect on Mrs. Terry, and after she had quieted her the excitement calmed and better counsel prevailed.

Field Departs. When Judge Field came out of the din-ing-liHll the landlord of the place was on his left and Neagle on his right, still holding his pistol. There was a smile on Field's face as he saw the crowd. The mass of people made way for the trio as they moved toward the train, and to one man who said What's the matter? Field replied, "Terry slapped my face and he shot him." This remark was misunderstood by the crowd, and the report waa circulated that Field had killed Terry. Parties who saw Terry leave the train to go into the dining-room say that Mrs.

Terry asked the Judge to give her his weapons, remarking: "Don't let it be any more than a fisticuff fight." Terry then passed over his knife and pistol to his wife, who put them in her big in the car. My Father Waa a Mason." One passenger on the train wa3 the object of most of Mrs. Terry's attention. He wore a conspicuous Masonic emblem on his atch chain. Her lirst appeal to him was at Stent mento, in muicu ne reicrrea to Broderick and the Douglas par as A miserable remnant of a faction sailing under false colors, and the followers of one man the personal chattels of a single individual whom they are ashamed of.

They belong-, bodv and breeches, to David C. lirodenck. Broderick, on reading tbe published speech, gave way to a burst of bitterness, in which he alluded to Terry as follows: The officer he was a Deputy Marshal and had shot the man in pursuance of his duty. I could not see who did the shooting. The man was in the act of setting the trigger of his pistol, preparatory to shooting it off when I reached the spot.

Judge Fiel I and the officer then went out and got on the train. When the second hot was fired I saw some one in the act ot falling, but could not tell who it When I got to the spot Judge Terry was lying oa the floor an seemed to be nearly dead. It Was Not a Blow. F. J.

Lincoln, the hotel-kc-pe' at Lathrop. testified that he met Neagle on the tram comins tip from Bakcrsfield. I saw Justice Field this morninsr at 7 o'clock on the train." he testified. When the train reached Lathrop, Field and Neagle got off for breakfast ami tok their seats at a table near the door. Field was sitting at the end.

Neagle next to him on the lelt side. There were ten more people sitting at the same table. "I saw Judge Terry come in the door of the dining-room about two minutes after Field. I went to him and took him to the table furthest from Field and turned up a seat on the right for his wile, but his wife when she went down the dining-room turned and went back. Terry was about two feet behind me in going down to the table and Mrs.

Terry was about four feet behind. I heard no remarks made as we were passing down the dining-room. When she went out Judge Terry went along with me and pasied Judge Field and sat down to Judge. Jnst wanted to know if you were going to Stockton. 'So, I am going to Ssn Francisco, but I may go to Stockton in a few As the man walked off I said to my husband: 'That man is a He laughed and thought no more of it.

We did not see Field on the train and bad no idea he was there. My husband and 1 went into the dining-room and I saw Field. Mr. Terry passed his table without noticing him. I don't think he saw him.

As Field saw me he rose half up, aud I turned and left the room, thinking the Judge would follow. He evidently did not see me leave, but sat down at the table. Mr. Stackpole, the proprietor, said to me, Where are you 1 said. I am just going out.

Mr. Stackpole then went over to the Judce slapping him on the shoulder, said, 'J udge Field is sitting at a table back of you, anil your wife has left the room. Do you think she will come back aud make a scene? "The Judge said: You go out and see that she don't come back, and 1 will come right How do you know this?" asked the reporter. Mrs. Terry replied Mr.

Stack pole told it to me this evening before the Coroner. He also Mated that the Judge started past Field's table, when Field half raised and the Judge slapped his face, when Neagle rose up aud, placing a pistol to his breast, I have here ana spoaen of Judse Terry us the only honest man ort Supreme Court ocncu, oui a now vawc it of Justice Field she was under the impression that he bai done the shooting. She a.l uaeK. I. IVrlrv, a partner ot terry ae- had heard the shot while coming irom tne fended the abcnt Judge and challenged r.i-od.-rick to listit a uuci.

lirouenca oe- car. Oh, tne villain i ne inuraenr i ie has killed my husband, she screamed. Running out on the platform she cried. c.ined to meet 1'crUr, -r any one else, until the of the political campaign. Field has murdered my busbano Mob him.

Why don't you men mob him? fhe On th day a.Ter ihe ledum. September i leirv rt-i ic seal on lli Ml- .1 'f a letter it. ii pieme la 111:11.. ge did not speak to anv one in particular, but stood among the excited -crawd near the dining room. "Just after the shots were hred Field and Neagle walked into their Pullman car and the doors were locked.

Mrs. Terry followed them and tried in vain to get in their N' ret: i. 1. tc retracion of the I lv l. i.t.

ie. Judge Terry ti-ual among a iitHin r.c-nharu u- Hayes as his bccwuda dem .11 gflil Co.vliel car. iter eijoxis were juuiy. cu vv.