told
the deputy marshal that he was going to take his breakfast in the
dining-room at that place. The following is his statement of what took
place:

"He said to me, 'Judge, you can get a good breakfast at the buffet on
board.' I did not think at the time what he was driving at, though I
am now satisfied that he wanted me to take breakfast on the car and
not get off. I said I prefer to have my breakfast at this station. I
think I said I had come down from the Yosemite Valley a few days
before, and got a good breakfast there, and was going there for that
purpose.

"He replied: 'I will go with you.' We were among the first to get off
from the train."

As soon as the train arrived, Justice Field, leaning on the arm of
Neagle, because of his lameness, proceeded to the dining-room, where
they took seats for breakfast.

There were in this dining-room fifteen tables, each one of which was
ten feet long and four feet wide. They were arranged in three rows of
five each, the tables running lengthwise with each other, with spaces
between them of four feet. The aisles between the two rows were about
seven feet apart, the rows running north and south.

Justice Field and Neagle were seated on the west side of the middle
table in the middle row, the Justice being nearer the lower corner of
the table, and Neagle at his left. Very soon after--Justice Field says
"a few minutes," while Neagle says "it may be a minute or so"--Judge
Terry and his wife entered the dining-room from the east. They walked
up the aisle, between the east and middle rows of tables, so that
Justice Field and Neagle were faced towards them. Judge Terry preceded
his wife. Justice Field saw them and called Neagle's attention to
them. He had already seen them.

As soon as Mrs. Terry had reached a point nearly in front of Justice
Field, she turned suddenly around, and scowling viciously, went in
great haste out of the door at which she had come in. This was for the
purpose, as it afterwards appeared, of getting her satchel with the
pistol in it, which she had left in the car. Judge Terry apparently
paid no attention to this movement, but proceeded to the next table
above and seated himself at the upper end of it, facing the table at
which Justice Field was seated. Thus there were between
the two men as they sat at the tables a distance equal to two
table-lengths and one space of four feet, making about twenty-four
feet. Terry had been seated but a very short ti