to draw, but raised
his six-shooter with his left hand (he is left-handed) and holding
the barrel of it with his right hand, to prevent the pistol from
being knocked out of his hands, he shot twice; the first shot into
Terry's body and the second at his head. Terry immediately commenced
sinking very slowly. Knowing by experience that men mortally wounded
have been often known to kill those with whom they were engaged in
such an encounter, Neagle fired the second shot to defend himself and
Justice Field against such a possibility.

The following is an extract from Justice Field's testimony, commencing
at the point where Judge Terry rose from his seat at the breakfast
table:

"I supposed, at the time, he was going out to meet his wife,
as she had not returned, so I went on with my breakfast. It
seems, however, that he came around back of me. I did not see
him, and he struck me a violent blow in the face, followed
instantaneously by another blow. Coming so immediately
together, the two blows seemed like one assault. I heard
'Stop, stop,' cried by Neagle. Of course I was for a moment
dazed by the blows. I turned my head around and saw that great
form of Terry's with his arm raised and fist clinched to
strike me. I felt that a terrific blow was coming, and his arm
was descending in a curved way as though to strike the side of
my temple, when I heard Neagle cry out: 'Stop, stop, I am an
officer.' Instantly two shots followed. I can only explain the
second shot from the fact that he did not fall instantly. I
did not get up from my seat, although it is proper for me to
say that a friend of mine thinks I did, but I did not. I
looked around and saw Terry on the floor. I looked at him and
saw that particular movement of the eyes that indicates the
presence of death. Of course it was a great shock to me. It is
impossible for any one to see a man in the full vigor of life,
with all those faculties that constitute life instantly
extinguished without being affected, and I was. I looked at
him for a moment, then went around and looked at him again,
and passed on. Great excitement followed. A gentleman came to
me, whom I did not know, but I think it was Mr. Lidgerwood,
who has been examined as a witness in this case, and said:
'What is this?' I said: 'I am a Justice of the Supreme Court
of the United States. My name is Ju