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 Justice Field's face and head. All
testified to the loud warning given Terry by Neagle that he was an
officer of the law, accompanied by his command that Terry should
desist. It was all the work of a few seconds. Terry's sudden attack,
the quick progress of which, from the first blow, was neither arrested
nor slackened until he was disabled by the bullet from Neagle's
pistol, could have been dealt with in no other way.
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