The
Justice and the Lady
ROBERT
KRONINGER
San Franciscans
during the gilded era of the 1880's were entertained
by a spectacular and mystifying divorce suit against
one of the city's richest men. William Sharon, Comstock
mining multimillionaire, owner of the Palace and Grand
Hotels, entertainer of royalty, and former United States
Senator from Nevada, was generally thought to be a widower,
who avoided loneliness with a succession of young companions.
Suddenly there appeared the beautiful Sarah Althea Hill,
claiming rights as his wife. She had a purported contract
bearing what appeared to be his signature. Charging
him with adultery, she sought a divorce.
This action
was to spawn a great tangle of state and federal legal
complications throughout the decade. As one segment
of the larger story, Sarah's concern for her honor as
a lady was to precipitate a constitutional teapot tempest.
But she was little more than the final catalyst. The
explosive brew had been simmering for three decades
in the malevolently intertwining lives and passions
of two brilliant but irascible men of the West, Supreme
Court Justice Stephen J. Field and former state judge
David S. Terry.
Both men
had been trained in the law but were drawn to California
by the gold fever of 1849, Field from New England, and
Terry from the South. Stephen J. Field, on his arrival
in California, was almost immediately elected alcalde,
or judge, of the town of Marysville, which he helped
to found at the foot of the Sierras. By his own account,
he amassed over $100,000 in less than six months in
that office. With the state's admission to the Union
in 1850 another man was made judge of the Marysville
district, to Field's chagrin. Field soon found himself
in contempt of court and disbarred by his successor.
He quickly got the rulings set aside on appeal but,
not satisfied, he sought election to the state's legislature
and there attempted to have the new judge removed from
office. In the process, Field became embroiled in a
challenge to a duel and a few days later was the object
of an attempted saloon ambush. David Broderick, a fellow
member of the legislature, consented to be his second
in the contemplated but never- consummated duel and
was his protector in foiling the ambush. Thus Field
was doubly indebted to Broderick.
Terry, seven
years Field's junior, was elected to the state Supreme
Court in 1855 and became its Chief Justice two years
later at the age of 34. Field joined him on the Court
in that year, Terry as Chief Justice swearing him into
office.
Field, Terry
and Broderick were all Democrats. But the tensions leading
to the Civil War were keenly felt in California, whose
people had come from widely disparate backgrounds. The
party developed a bitter schism, out of which arose
strong personal animosity between the Terry and Broderick
factions. Determined to settle the matter according
to the code by which he had been raised, Terry resigned
his position as the state's highest judicial officer
and two days later challenged Broderick, then United
States Senator from California, to a duel. At dawn on
September 13, 1859, amid sand dunes and cypresses, the
two met beside a small lake on the outskirts of San
Francisco. They faced each other, each gripping a pistol,
and both fired. Broderick fell, mortally wounded.
Terry had
avenged his honor according to his code, but had permanently
damaged his reputation and career. He had also gained
the enduring enmity of Stephen Field. Some years later
Field was to write, "I could never forget his [Broderick's]
generous conduct to me; and for his sad death there
was no more sincere mourner in the state." Three
decades later Field was to prove how truly he meant
it.
Ironically,
Field reaped a substantial windfall from Terry's quarrel
with Broderick. Upon Terry's resignation, Field was
made Chief Justice of the California Supreme Court.
And, four years later in 1863 when the United States
Supreme Court was expanded from nine to ten members,
Field, as Chief Justice of the burgeoning West's largest
state, was President Lincoln's natural choice to fill
the post. He ultimately served longer than any other
man before or since (until the recent conclusion of
William 0. Douglas' tenure) and was therefore still
on the United States Supreme Court twenty-five years
after his appointment when in 1888 one convolution of
Sarah's litigation with Senator Sharon came before the
federal Circuit Court in San Francisco.
Terry had
conducted a lucrative law practice since resigning his
high judicial office, and as Sarah Althea Hill's divorce
case beat its tortuous path through state and federal
courts he became one of her attorneys. Senator Sharon,
Sarah's alleged husband, had died meanwhile, and Terry,
as captivated by Sarah's charms as were most men, married
her. Thereafter as her attorney and as her husband he
championed Sarah's cause and defended her honor against
the claim that she had merely been another in the Senator's
long succession of mistresses.
By one of
the many quirks of fate in the long litigation, Field,
riding circuit as a member of the United States Supreme
Court, was to preside at one of the most important hearings
in the case. Before that date came, however, the lives
of Terry and Field were to undergo several more rasping
crossings.
The Civil
War had settled the free soil-slavery issue. But the
completion of the transcontinental railroad provided
an issue which perpetuated the split in the Democratic
party in California. Rate manipulation and land speculation
by rail monopolists brought quick disillusionment to
Western farmers and merchants. Terry became one of the
most vocal of those who felt that the West's survival
required regulation of the railroads.
Field, on
the other hand, announced early in his judicial career
his subsequently unswerving belief that "property
is as sacred as the laws of God." He was rarely
known to render a decision against the railroads. When
the federal government undertook to regulate them he
argued for states' rights. When states attempted to
tax or regulate railroads he argued that, being engaged
in interstate commerce, they were amenable only to the
federal government. His close association with railroad
magnates and their attorneys was much criticized. Reporting
one of his decisions, the San Francisco Chronicle
said, "Justice Field has peculiar opinions
regarding the Constitution, which, if they cannot be
said to be his own, are certainly those of certain interests
in whose cause he is engaged." The Senator's attorneys
in the Sharon divorce litigation were almost all prominent
railroad lawyers, while Terry, Sarah's advocate and
husband, was an outspoken opponent of the railroads.
Presidential
aspirations helped define the battle lines. In 1880,
Field, most political of Supreme Court Justices, unsuccessfully
sought the Democratic presidential nomination. In 1884,
as the Sharon divorce litigation was getting under full
steam, he again sought the nomination, attempting first
to gain the endorsement of his own California delegation.
But despite determined efforts by a number of wealthy
friends, including several of Senator Sharon's attorneys,
he was repudiated by a vote of 453 to 19. Prominent
among his opponents were Terry and his law associates.
Reportedly, Field thereafter carried in his hat a list
of the several hundred California "communists,"
as he characterized them, who had frustrated his ambitions,
tirelessly seeking revenge even to the extent of importuning
President Cleveland to deny petty post masterships to
their friends and relatives.
With this
background, the Circuit Court room in San Francisco's
old Appraiser's Building was crowded on the morning
of September 3, 1888, to hear the court's decision on
an important federal aspect of the by-then notorious
Sharon divorce case. Justice Field, in California on
circuit, read the decision. It involved exhaustive legal
argument, but Sarah Althea Terry, seated at the counsel
table with her husband and attorney, understood all
too well the effect of Field's words: She was being
ordered to turn over to the court, for cancellation,
the marriage contract.
She interrupted
Field's reading of his decision to ask, "Are you
going to take it upon yourself to order me to give up
that contract?"
Field, momentarily
disconcerted, finally said, "Sit down, madam."
"I
will . . .," she began, apparently intending to
get in one last word, but Field interrupted.
"Marshal,
put that woman out!" he directed U. S. Marshal
J. C. Franks.
"Judge
Field, how much have you been paid for that decision?
I know it was bought," Sarah cried as the marshal
strode toward her.
"Marshal,
put that woman out," Field repeated evenly.
No one but
Sarah seemed perturbed. Some spectators in the back
of the courtroom stood up to gain a better view. Terry,
still seated at the counsel table, told the marshal
to stand back. "Don't put a finger on my wife,"
he warned, adding that he would take her out himself,
some witnesses later said.
The marshal
hesitated, then attempted to push past. Terry jumped
to his feet and struck him in the face. As the marshal
fell to the floor, deputies, assisted by several attorneys
and spectators, leaped on Terry, threw him to the floor,
and pinned his arms down when he appeared to be trying
to get his hand inside his coat. Sarah tried to rescue
Terry, asking a bystander to hold her reticule. After
being buffeted to the floor she was drawn to her feet
and led away.
"Let
me go," said Terry, ceasing his struggle as Sarah
left. "I only want to accompany my wife and I'll
go quietly." Released, he turned and walked out
of the courtroom, straightening his clothing. The deputy
marshals fell back. Half of those in attendance pushed
out after Terry.
During the
entire brief affair neither Field nor his associates
had visibly reacted. After a sip of water, Field finished
reading his decision without change of tone or demeanor.
Sarah was
taken to the marshal's anteroom off the corridor adjacent
to the courtroom. Terry followed and, finding the door
barred by a deputy, drew a bowie knife. The fighting
resumed and a bystander named David Neagle wrenched
the knife from Terry while he was held by several deputies.
An order came from the courtroom to place both Sarah
and Terry under arrest, and marshals easily executed
the order by permitting Terry to join Sarah, after which
the door was placed under guard.
They were
held in the anteroom for several hours. Terry was heard
to ask, "My Dear, why did you bring on all this
trouble?" She replied that her case and the corruption
of the court "must at all cost be kept before the
public." Transcontinental newswires were soon humming
as they had not been since the days of the divorce trial
itself, four years earlier.
Field ordered
court reconvened that afternoon to consider what should
be done about the morning's altercation. Sarah and Terry
were not brought into court, only learning of the proceeding
at its conclusion, when reporters were admitted to the
anteroom to interview them. They told Terry that Sarah
had been sentenced to thirty days in the Alameda County
jail, across the bay in Oakland. "I'll go with
you," said Terry, gently stroking her cheek. He
would indeed, as he was then told he had been sentenced
to six months.
Later that
afternoon Sarah and Terry were ferried across the bay
to jail in Oakland. Permitted to share a cell, they
often received friends and gifts of flowers and fruit,
and both seemed to be in good spirits throughout the
month of Sarah's stay. At the completion of her term
she hired a room nearby. She continued to spend long
hours with Terry, for whom time now began to drag.
Friends
suggested that Terry petition Field for remission of
the sentence. They probably remembered that Field himself
as an attorney had avoided punishment under similar
circumstances in 1850 when he had successfully urged
that a judge should not use a contempt order to vindicate
his own character. Terry loathed the role of supplicant
and doubted its success, in view of their longstanding
mutual antipathy. Nevertheless, he did prepare an affidavit
disclaiming any intention of disrespect. As he had feared,
Field saw no analogy with his own 1850 experience. Terry's
penance was used to scourge him further. Field ordered
that Terry serve the entire six months, for the conduct
was too offensive to be purged by mere apology.
Terry occupied
himself in reading, legal research and writing on various
pending aspects of the cases, meanwhile brooding on
the injustices of which he felt Field guilty. He continued
to joke with visitors, but also uttered threats toward
Field. Many of these found their way to Washington.
The Justice remarked that Terry was "under great
excitement and unless he cools down before his
term of imprisonment is finished, he may attempt
to wreak bodily vengeance upon the judges and officers
of the court." He said he would not be deterred
by Terry from doing his duty.
Both federal
and state criminal law provided for time off for good
behavior, amounting to cancellation of five days per
month of one's sentence. Terry was a federal prisoner
but he was in a state jail, and Federal Judge Lorenzo
Sawyer, Field's protege (toady, some said), decreed
that Terry was therefore ineligible for credit under
either law. He served the complete term to the last
hour. The full six months, Field predicted, would give
Terry time to "cool down." If Field actually
believed it would achieve that purpose, he did not know
Terry.
Field returned
to California that summer to sit on federal cases in
the Ninth Circuit, with a bodyguard ordered by U.S.
Attorney General William H. Miller as a result of Terry's
various threats. U.S. Marshal Franks in San Francisco
gave David Neagle the assignment.
Neagle had
tried his hand at a number of occupations with indifferent
success. He had been a migratory mine worker, a saloon
operator and police chief in Tombstone, Arizona Territory,
where he ran unsuccessfully for sheriff. He then drifted
on to Montana Territory, before returning to San Francisco
in 1883. There he became active in politics and was
soon appointed deputy sheriff. While on city business,
September 3, 1888, he had chanced to enter the Appraiser's
Building just in time to disarm Terry in the melee of
that day. His valor in that encounter earned him the
role as Field's bodyguard.
Field held
court in Los Angeles in early August, and on the evening
of the 13th entrained, with Neagle at his side, to return
to San Francisco. Always apprised of Terry's whereabouts,
Neagle knew that he and Sarah had been at their home
near Fresno. Consequently he stayed up to see the train
through its Fresno stop. As he stood talking with the
train conductor in the shadow of Field's sleeping-car,
he noticed Sarah and Terry boarding a day coach a few
cars away. They were required to appear in Federal Court
in San Francisco the next morning on pending criminal
charges arising out of the court incident the previous
year. Neagle reported the new passengers to the judge.
Field instructed him not to be rash, but said that if
any incident took place he wanted to be protected at
all hazards.
Early the
next morning the train stopped for breakfast at Lathrop,
near Stockton, as Field completed his morning toilet.
Neagle suggested that he eat at the buffet on board
the train but Field insisted that he had had good breakfasts
in the station dining room and preferred to eat there.
Neagle shrugged and followed him into the dining room,
where the two men took a table near the middle of the
room and seated themselves facing the door.
In a few
minutes they saw David Terry enter with Sarah. She wheeled
in the doorway and returned to the train. The dining
room operator, who knew Terry, escorted him to a table
near one corner of the room, and asked if he thought
his wife planned anything desperate.
"Why?"
asked Terry. "Who is here?" Seeing Field,
he said, "Well, you had better go and watch her."
He sat for a moment, then rose and with deliberation
walked to Field's table. The restaurateur, at the door
to intercept Sarah on her return, watched helplessly
as Terry stopped and paused behind Field's chair while
Neagle eyed him warily. Standing in back of Field at
one side, Terry leaned over him and struck him twice--lightly,
the restaurateur said later--on the cheek with the back
of his hand, or with a clenched fist, depending on the
observer.
Neagle immediately
jumped up, wheeled, and drew a revolver. Thrusting its
barrel against Terry's chest at the heart, he fired.
Terry stood motionless for a moment; then his legs began
to give way. As he fell, Neagle fired again, at his
head.
Most of
the restaurant's guests were unaware of the identity
of the participants in silence, the room erupted in
great confusion. the violence. After a moment's shocked
Some tried to leave while others began to crowd around
Terry's body. A bystander mechanically straightened
a leg which was bent under it. Terry was obviously dead.
Some of
the dining room guests tentatively moved toward Neagle
to restrain him. He backed against a wall and, fanning
his gun at the hundred-odd people still in the room,
declared that he was an officer of the United States
and no one should touch him.
Sarah arrived
at that moment, tore her way through the cluster of
people standing around Terry and dropped to the floor
at his side. Ignoring the great mass of blood she cradled
his head in her lap. Alternately she caressed and kissed
his face, moaning, "Oh, my darling! Oh, my sweetheart!"
Then she noticed those who stood silently about. "Why
don't they hang the man? The cowardly murderer! He was
too cowardly to be given a trial, but hired an assassin.
They shot him down like a dog in the road. He was the
soul of honor."
Sarah was
drawn away from Terry's body long enough to permit several
men to carry it to a barber shop next door. Her clothing
was covered with blood. Running from train to dining
room to barber shop, she imploringly accosted first
one person, then another. At one moment concerned with
Terry, at the next she demanded revenge on his "murderers."
Field and
Neagle had withdrawn to their railway carriage and locked
the door. Sarah approached it a time or two and Neagle
warned that if she was not kept out he would kill her,
too. The town constable boarded the train and, pledging
impartiality, was permitted to talk with Field and Neagle
in their carriage. Lengthy negotiations ensued, the
trainmaster acting as arbitrator. They finally agreed
that Neagle would submit to detention pending the coroner's
inquest. In Lathrop sentiment was already hardening
against Neagle, so as a precaution against possible
mob violence the train would first proceed to Tracy,
the next stop on the way to San Francisco.
There Neagle would be removed for delivery to the San
Joaquin County sheriff in Stockton, the county seat.
Many who
had witnessed the incident felt that Terry had intended
the slaps as the first step toward a challenge to a
duel. He had several times hinted at such an intention
when he was in jail that spring. He had said he would
slap Field or twist his nose the next time he saw him.
Many assumed that he would have been satisfied merely
to humiliate Field. To a man who lived by Terry's code
it made no difference whether the challenge resulted
in a duel. Exposing a man as a coward was quite as good
as killing him.
Others among
Terry's acquaintances remembered his background and
violent temper. Such a man, goaded by the events of
the past year and importuned by Sarah, could easily
become desperate enough to kill a man in cold blood,
they thought.
Most people
felt that Neagle had acted more precipitately than necessary.
This impression was reinforced when a search of Terry's
clothing revealed that he had been unarmed. And when
it was learned that Field had not been scheduled to
travel to California on circuit that year, but had intended
to spend the summer in Europe, changing his plans only
after a delegation of well-intentioned friends told
him of Terry's grumbling and cautioned him against coming
to California, some even charged that Field had deliberately
created the incident.
The Lathrop
constable took Neagle from the train at Tracy and delivered
him to the sheriff in Stockton, while Field proceeded
to San Francisco. The Stockton district attorney was
incensed upon learning that Field had not been arrested,
asserting that every person, "no matter how exalted
his position and not excluding the President of the
United States," must be amenable to the criminal
laws. He vowed to go personally to San Francisco, if
necessary, to arrest Field.
Every daily
newspaper in the country carried accounts of the killing.
It provided grist for editorials descrying a wide variety
of moral truths. The New York Herald interviewed
a number of "Washington lawyers" and reported
their general feeling to be that Neagle's conduct had
been unjustified. They thought it beyond the necessary
and reasonable bounds of his authority. "Here in
the East," one was quoted as saying, "we look
on matters of this sort in a different light from that
in which they are seen by people west of the Rocky Mountains.
Out there they kill a man and explain or apologize afterward."
Most papers,
particularly in the Midwest, emphasized Terry's life
of violence and arrogance toward law. However questionable
the particular circumstances under which he met his
death, such a man could expect to die as he had lived,
they felt. The New York Star saw in
his death "a useful lesson," that even in
the West a man may not go through life lawlessly with
impunity. The New York Sun declared that David
Broderick was after thirty years avenged. The paper
did not intimate, if it knew, how appropriate was Field's
role as avenger.
Sarah signed
complaints in Stockton the day after the killing, charging
Neagle with murder and Field as an accomplice. With
Neagle already in custody, the San Joaquin county sheriff
immediately took the train from Stockton to San Francisco
to serve the warrant of arrest on Field. Field received
the diffident sheriff in his rooms in the Palace Hotel
by appointment, urged him to be at his ease, and agreed
to accompany him back to Stockton the following afternoon,
asking the sheriff to call for him in his court chambers
at the Appraiser's Building.
A great
crowd had collected in the courtroom and outside the
chambers as the hour for Field's surrender arrived the
following day. Eyeing the press, Field said to the sheriff,
"I am glad to see you, sir, and wish you to perform
your duty." The sheriff hesitated, intimidated
as much by the large audience as by Field. "Because
I may be a judge," Field encouraged him, "I
am not excused from the proper processes of law. Judges
should be all the more amenable to the laws which they
are selected to maintain."
The sheriff
mumbled that it was an unpleasant duty he had to perform.
"I
am in your custody," prompted Field. Satisfied
that form had been honored, Field immediately called
Circuit Judge Lorenzo Sawyer's waiting clerk, and handed
him a previously prepared petition for a writ of habeas
corpus. Judge Sawyer, waiting a few steps away,
promptly signed an order, also previously prepared,
requiring the sheriff to produce Field before Sawyer
forthwith and prohibiting him from taking Field to Stockton.
The United States District Attorney offered to prepare
a written response for the sheriff so that the matter
could proceed quickly yet legally. Everyone waited briefly
while he prepared a return consisting simply of an admission
that Field had been placed under arrest. The trustful
sheriff signed it, assuming that someone present must
know what was taking place.
Judge Sawyer
then set the following Thursday for the hearing of Field's
petition. This meant, as was explained to him a few
minutes later, that in the meantime the sheriff could
not hold Field nor take him to Stockton for the preliminary
hearing which was scheduled to take place in Stockton
on Wednesday. The Stockton district attorney was angry
when the empty-handed sheriff returned that evening.
He was still more incensed upon learning that the sheriff
was accompanied by an attorney carrying a writ of habeas
corpus to remove Neagle to the jurisdiction
of the federal court in San Francisco.
A subscription
was well under way in Stockton to provide funds for
Neagle's prosecution. Great feeling was immediately
aroused at the prospect of having to surrender him without
a trial. The subscription committee, attorneys, and
citizen groups conferred to discuss the legality and
necessity of relinquishing the prisoner. Many simply
were disappointed at losing the spectacle of having
Neagle prosecuted and punished in their presence. Others
saw it as a much larger question of the division of
powers between state and federal authorities. What right,
asked they, had the federal government to take a man
from the custody of state officers while a charge of
violating state law was pending against him?
The arguments
continued throughout the night, but the disputants might
have saved their energy. A special train had been quietly
chartered by Neagle's protectors to take him to San
Francisco without delay, and in the dead of night it
pulled out of the deserted Stockton station. A reporter
happened to be at the station while the special train
was being made up. He was invited aboard, perhaps to
keep him from spreading an untimely alarm, and accompanied
the small party to San Francisco. Later he reported
that Neagle was in fine spirits and not at all reticent
about the killing, relating it as though it had been
a bear hunt.
Friends,
associates, and federal officials hastened to visit
and encourage Neagle in jail in San Francisco, but the
general feeling in California was of shock and impotent
rage. As far away as New York, the Mercury Sunday
in a lengthy editorial demanded that United States
Attorney General Miller be immediately arrested and
indicted as an accessory to murder.
The hearing
in Stockton, with no defendants present, was put off
from day to day, awaiting their return. The Governor
of California had meanwhile been subjected to much pressure
on Field's behalf. He in turn requested the state attorney
general to do what he could to halt the prosecution
of Field. The Stockton district attorney remained adamant
for several days, but finally yielded to the charge
that his county and state were being made to appear
ridiculous throughout the country and consented to dismiss
the case against Field.
When Neagle's
habeas corpus hearings finally convened
in San Francisco, it was announced that proceedings
against Field had been dropped. One of Neagle's six
lawyers immediately arose and said they were prepared
to waive irregularities and submit directly to a trial
of the facts by the federal court. The Stockton district
attorney protested that it was the people of Stockton
and not Neagle who were complaining of irregularities.
He said the state objected to the jurisdiction of the
federal court, which he charged had no power to act
and no purpose in hearing evidence while the state prosecution
was pending.
Judge Sawyer
said he wanted to know the facts and would later consider
whether he had jurisdiction. The state attorneys thereupon
withdrew from the case, declaring that they had never
heard of a court considering a case without first determining
whether it had power to do so.
Newspapers
around the country were now regularly editorializing
on the affair. A majority still sided with Field and
Neagle but the federal government's intervention caused
a great many to join the New York Mercury
in expressions of alarm and disapproval. While
the general view was still that in meeting his death
Terry "married his tragic fate," it was also
felt that this cavalier rejection of the state's right
to pursue its regular procedure set a baleful precedent.
Neagle's
habeas corpus hearing finally began
several days later and, though no state attorneys were
present to oppose it, the amicable hearing lasted two
full weeks. Justice Field, the case against him dismissed,
sat in the unused jury box, making of it a sort of reserved
spectator's gallery, and sauntered into chambers with
Judge Sawyer at each recess. A parade of witnesses testified
to Sarah's and Terry's antagonism and threats against
Field. The spectators had heard all this many times
before, and for a time public interest flagged.
When it
was time for Field's testimony, the courtroom was again
crowded in anticipation. He walked briskly from the
jury box when called and, after a few introductory questions,
was permitted to give his testimony in narrative form.
He first reviewed his judicial career, recalling that
Terry as Chief Justice had sworn him in as associate
on the state Supreme Court. He said that by reason of
their early association, "No one knew better than
Judge Terry that I would resent any personal indignity."
Apparently aware of the charge that he had deliberately
brought on the confrontation, Field detailed the important
cases which had brought him to California that summer.
The suspicion was not allayed when he admitted that
he had gone to the dining room at Lathrop in the face
of Neagle's efforts to dissuade him from leaving the
train, adding, "I did not think what he was driving
at."
He said
he saw Terry rise from his table in the dining room
but did not bother to watch him further, being busy
eating. The next thing he was aware of was two violent
blows to his head. Remaining seated, he looked around
to see Terry looming over him with his fist crashing
down for a third blow. He said Neagle cried, "Stop!
Stop! I am an officer! Stop!"
Two shots
followed instantly, Field testified, and Terry fell.
"I am firmly convinced that had the marshal delayed
two seconds, both he and myself would have been the
victim of Terry. It was only a question of seconds whether
my life or Judge Terry's life should be taken."
The next
day, Neagle testified to a packed courtroom. Reviewing
his childhood and early career, he recalled that Terry's
exploits of the late 1850's were a common topic of his
youthful conversations. He then related the events at
Lathrop much as Field had, but curiously their testimony
diverged at the most crucial point. Field had said that
Terry was in the act of launching another blow at him,
his fist crashing down, averted only by Neagle's shots.
Neagle now said that he had jumped between the men as
Terry was reaching for a knife to attack him.
Unfortunately, with no opposing attorneys present
to raise embarrassing questions, the spectators were
given no explanation of the conflict in the testimony
or of the absence of a knife. Both Judge Sawyer and
defense counsel were too circumspect to allude to it.
Field and
several other witnesses had explained the necessity
for Neagle's second shot by saying that Terry appeared
to be unaffected by the first. Neagle's attorney, leading
him toward the same explanation, asked what had happened
after the first shot. Terry started to sink, said Neagle.
Though his attorney hastily dropped the subject, Neagle
volunteered a few minutes later that he had been shooting
to kill.
At the conclusion
of testimony, the Stockton district attorney reappeared
to argue the federal court's lack of jurisdiction. Pondering
the matter for several days, Judge Sawyer then rendered
a lengthy decision in which he first declared that the
federal court had jurisdiction of the matter and the
state had no right to prosecute Neagle. Then, reviewing
the testimony, he concluded that, aside from questions
of jurisdiction, Neagle's killing of Terry was not merely
justified, it was commendable. "Let him be discharged."
Field sprang
from the jury box to shake hands with Neagle and, having
foreseen the outcome, presented him with a gold watch
bearing an engraved inscription reading in part, "With
appreciation in great peril."
Neagle was
free. Terry was no more. Broderick was avenged. Sarah
Althea Terry soon thereafter was committed to the state
asylum for the insane, in Stockton, where she spent
the remaining forty-five years of her life.
Copyright 1976, Supreme Court Historical Society