Show items cf interest in the deputy eaegle proceedings taik spottie caw threaten a the old collmon 1 by western guiod freu to THE fachal franls ilerda conduct sept 6 in an official report to the department of justice under date of aug 21 marshal franks says that in obedience to the instructions of abo department be has constantly exercised the utmost for the protection of judge field and sawyer from violence by D S terry of the assault in the dining room at lathrop marshal franks bays terry struck justice field twice before deputy marshal interfered he continues terry was a inan of very large physique and of reat strength his pa feigns were apparently beyond ins own control and he was roost neaily with a knife a weapon which he himself he had habitually carried for 30 years nagle is a man of slight build and well knew terrys violent character and skill with weapons when be saw a good reason to believe that terry so far from being deterred by the official warning to was desperately determined to take the life of justice field and his nagles own life prevented it in the only way any reasonable person conversant with the facts will pretend he could have done it will be clearly shown there were not two seconds between justice fields life and the shot from nagles pistol that paved it accompanying the report are a number of exhibits containing information in connection wilh the tragedy and the subsequent proceedings one of them is a pamphlet div ing an account of the contempt proceedings before judge sawyer in september when bays marshal franks terry desperately resisted my officers flourishing a knife and endeavoring to do violence notwithstanding the pistol of deputy taggart was bevelled levelled level led at bis bead lie was then overpowered bya number of men at lathrop lie had every advantage and was on the point of completing liis desperate enterprise with only nagle and justice field to oppose him another exhibit is judge sawyers narration of the facts attending the gross insult to him by mrs terry on the train between los angeles and san francisco august 1883 chile in company with her husband which had been greatly exaggerated by mrs terrys accounts of it the judge says that mrs terry merely twitched his hair w here it w as short as she passed him in the aisle of the car he hardly felt it and no one but himself mr and mrs terry and a mrs cowles noticed the action later on the trip the judge says sTerry Mr contemplated an assault upon him with her parasol but was deterred from attempting it by the presence and attitude of two passenger to whom judge sawyer had spoken of the p ill ing incident and requested them to observe the future actions of the terrys closely in a subsequent letter marshal franks claims ahe statements was a killer of border type and asserts that his reputation was that of a peaceable law abiding man but of much courage which bad been proven on several occasions |