dge Field. Judge Terry
threatened my life and attacked me, and the deputy marshal has
shot him.' The deputy marshal was perfectly cool and
collected, and stated: 'I am a deputy marshal, and I have shot
him to protect the life of Judge Field.' I cannot give you the
exact words, but I give them to you as near as I can remember
them. A few moments afterwards the deputy marshal said to me:
'Judge, I think you had better go to the car.' I said, 'Very
well.' Then this gentleman, Mr. Lidgerwood, said: 'I think you
had better.' And with the two I went to the car. I asked Mr.
Lidgerwood to go back and get my hat and cane, which he did.
The marshal went with me, remained some time, and then left
his seat in the car, and, as I thought, went back to the
dining-room. (This is, however, I am told, a mistake, and that
he only went to the end of the car.) He returned, and either
he or some one else stated that there was great excitement;
that Mrs. Terry was calling for some violent proceedings. I
must say here that, dreadful as it is to take life, it was
only a question of seconds whether my life or Judge Terry's
life should be taken. I am firmly convinced that had the
marshal delayed two seconds both he and myself would have been
the victims of Terry.

"In answer to a question whether he had a pistol or other
weapon on the occasion of the homicide, Justice Field replied:
'No, sir. I have never had on my person or used a weapon since
I went on the bench of the Supreme Court of this State, on the
13th of October, 1857, except once, when, years ago, I rode
over the Sierra Nevada mountains in a buggy with General
Hutchinson, and at that time I took a pistol with me for
protection in the mountains. With that exception, I have not
had on my person, or used, any pistol or other deadly
weapon.'"

Judge Terry had fallen very near the place where he first stopped,
near the seat occupied by Justice Field at the table.

Neagle testified that if Justice Field had had a weapon, and been
active in using it, he was at such a disadvantage, seated as he was,
with Terry standing over him, that he would have been unable to raise
his hand in his own defense.

A large number of witnesses were examined, all of whom agreed upon the
main facts as above stated. Some of them distinctly heard the
blows administered by Terry upon Ju