if necessary, in the murderous work, had all the time and
opportunity necessary for taking the knife from its resting-place
under his vest, smearing one of her hands with his blood, which
plainly showed where it had been and what she had been doing. Neagle
could not search the body, for his whole attention was directed to
the protection of Justice Field. Mrs. Terry repeated the challenge to
search the body for the knife after it had been removed. This showed
clearly that the idea uppermost in her mind was to then and there
manufacture testimony that he had not been armed at all. Her
eagerness on this subject betrayed her. Had she herself then been
searched, after rising from Terry's body, the knife would doubtless
have been found concealed upon her person. A number of witnesses
testified to her conduct as above described. She said also: "You will
find that he has no arms, for I took them from him in the car, and I
said to him that I did not want him to shoot Justice Field, but I did
not object to a fist bout."

This reference to a fist bout was, of course, an admission that they
had premeditated the assault. It was Judge Terry's knife and not a
pistol that Judge Field had to fear. Terry's threats had always
pointed to some gross indignity that he would put upon Justice Field,
and then kill him if he resented or resisted it. One of his threats
was that he would horsewhip Judge Field, and that if he resented it
he would kill him. In short, his intentions seem to have been to
commit an assassination in alleged self-defense.

The train soon left the station for San Francisco. A constable of
Lathrop had taken the train, and addressing Neagle told him that he
would have to arrest him. This officer had no warrant and did not
himself witness the homicide. Justice Field told him that he ought to
have a warrant before making the arrest, remarking, if a man should
shoot another when he was about to commit a felony, such as setting
fire to your house, you would not arrest him for a murder; or if a
highwayman got on the train to plunder. The officer replied very
courteously by the suggestion that there would have to be an inquest.
Neagle at once said, "I am ready to go," thinking it better to avoid
all controversy, and being perfectly willing to answer anywhere for
what he had done. Arriving at the next station (Tracy), Neagle and
the officer took a buggy and went to the county jail at Stockton.
Thus was a deputy marshal of the Un