As Justice Field was proceeding north from Los Angeles to San Francisco
to hold court there, he got out for breakfast at Fresno. Unfortunately
the Terrys reached the same station on another train at the same time.
Justice Field and Neagle, the deputy marshal, got out of the train, went
into the restaurant and sat down. When Judge and Mrs. Terry came in and
Mrs. Terry saw Justice Field, she ran out to the car to get a revolver
she had left in her satchel by an oversight. In the meantime Judge Terry
went up to Justice Field, denounced him and struck him from behind.
Thereupon Neagle arose, saying, "I am an officer, keep off," but Judge
Terry continued to assault Justice Field. Neagle said he thought Judge
Terry reached for a knife. At any rate, Neagle shot, and Terry fell dead
at the feet of Justice Field.
Neagle was at once indicted by a state jury for murder. He went into the
Federal Court and got a writ of _habeas corpus_, asking to be released
on the ground that he was discharging a duty under the government of the
United States.
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