In re Neagle

Both Mr. and Mrs. Terry were sentenced to imprisonment for contempt. From then on, they were frequently heard to make open threats against Justice Field. The threats seemed so genuine that when Field was planning to return to California to resume his duties as Circuit Court Judge, David Neagle was appointed a deputy marshall for the Northern District of California and was assigned to protect Justice Field.

One early morning, while Field's train had stopped at Fresno, the Terrys boarded the train. Although Neagle suggested to Justice Field that he have breakfast in his own sleeping car, Field insisted on going to eat in the regular breakfast car. When the Terrys entered the car, Mrs. Terry saw Field and ran quickly out of the room. Terry, on the contrary, took his seat. Soon, however, he came to stand behind Field and began to beat him on both sides of his face. As Miller described it:

He also had his arm drawn back and his fist doubled up, apparently to strike a third blow, when Neagle, who had been observing him all this time, arose from his seat with his revolver in his hand, and in a very loud voice shouted out: "Stop! Stop! I am an officer!" Upon this Terry turned his attention to Neagle, and, as Neagle testifies, seemed to recognize him, and immediately turned his hand to thrust it in his bosom, as Neagle felt sure, with the purpose of drawing a bowie-knife. At this instant Neagle fired two shots from his revolver into the body of Terry, who immediately sank down and died in a few minutes.

Immediately afterwards, Mrs. Terry rushed in, her satchel in her hand. She threw herself on Terry's body--some say, to remove his bowie knife, for when Terry was later examined, he was found to be unarmed.