take to himself the defenses of a bully or a brigand;
and in doing so, how immeasurably has he placed himself
above the vile creature that sought his life, and all
others who resort to deeds of violence. “They
that take the sword shall perish with the sword,”
is a saying of wide application, and had it been
so in this case; had this brave and self-possessed
man been moved from his high purpose by the importunity
of friends, and when slain by his enemy, had been
found armed in like manner with the murderer himself,
what a stain would it have been upon his name
and honor? And how would our whole country
have been disgraced in the eyes of the civilized
world, that her highest ministers of justice must be
armed as highwaymen as they go about their daily
duties!
Well said this undaunted servant of the state: “Then will it be time to close the courts themselves.” May we not hope, Mr. Editor, that this example of one occupying this high place in our country may have some influence in staying the spirit and deeds of violence now so rife, and that they who are so ready to resort to the rifle and revolver may learn to regard them only as the instruments of the coward or the scoundrel?
B. WISTAK MORRIS.
The citations given below from different journals, published at the time, indicated the general opinion of the country. With rare exceptions it approved of the action of the Government, the conduct of Neagle, and the bearing of Justice Field.
The Alta California, a leading paper in California, had, on August 15, 1889, the day following the tragedy, the following article:
THE TERRY TRAGEDY.
The killing of David S. Terry by the United States Marshal David Neagle yesterday was an unfortunate affair, regretted, we believe, by no one more than by Justice Field, in whose defense the fatal shot was fired. There seems, however, to be an almost undivided sentiment that the killing was justifiable. Every circumstance attending the tragedy points to the irresistible conclusion that there was a premeditated determination on the part of Terry and his wife to provoke Justice Field to an encounter, in which Terry might either find an excuse for killing the man against whom he had threatened vengeance, or in which his wife might use the pistol which she always carries, in the pretended defense of her husband. For some time past it has been feared that a meeting between Terry and Justice Field would result in bloodshed. There is now indisputable proof that Terry had made repeated threats that he would assault Justice Field the first time he met him off the bench, and that if the Judge resisted he would kill him. Viewed in the light of these threats, Terry’s presence on the same train with Justice Field will hardly be regarded as accidental, and his actions in the breakfast-room at Lathrop were directly in line with the intentions he had previously expressed. Neagle’s prompt and deadly