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Thus was a deputy marshal of the United States withdrawn from the
service of his Government while engaged in a most important and as
yet unfinished duty because he had with rigid faithfulness performed
that duty.
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