a circuit riding judge for the 9th Circuit Court again the next year, U.S. Attorney General William Miller instructed Marshal Franks to appoint Neagle as a Marshal with the responsibility to protect Field. Terry killed When Terry and Hill were released, they returned to Fresno. On August 14, 1889, they boarded a train in Fresno on which Field and Neagle were returning from Los Angeles. At 7:10 am, all of the passengers disembarked the train to eat breakfast in the railroad station dining room at Lathrop, California. The conductor immediately sent word to Constable Walker that both men were on board and requested that he come at once to the railroad station, but he couldn't be found right away. When Terry saw Field, he slowly came across the dining room and approached Field from the rear. The account in the San Francisco Chronicle the next day reported that Terry slapped Field on his cheek. Other reports said Terry attempted to slap Field, or to grab him by the whiskers. Neagle, who was 5'7" tall and weighed 145 pounds, testified that the 6'3", 250-pound Terry recognized Neagle from the earlier confrontation in the courtroom. Neagle rose from his chair and said, "Stop that! I am an officer." When Terry drew back his fist to deliver another blow, Neagle shot Terry in the heart at point-blank range with a 45 caliber revolver. As Terry fell backward, Neagle fired again, nicking his ear. Neagle announced to the 80 to 100 people in the dining room, "I am a United States Marshal and I defy anyone to touch me!" Field told them that Terry had assaulted him "and my officer shot him." Neagle and Field reboarded the train and locked themselves in their cabin. Sarah Terry attempted tried to enter their car, saying she wished to slap Field. Neagle insisted that she be kept out or he would kill her too. The satchel she had fetched from the train was searched and a pistol was found within it. A few minutes later Constable Walker of Lathrop and Stanislaus County Sheriff Purvis arrived. Neagle provided a document issued by the U.S. Attorney General appointing him as a special Marshal to protect Field. Walker arrested Neagle and took him to the county jail in Stockton. Neagle refused to say anything about the shooting. San Joaquin County Sheriff Thomas Cunningham telegrammed San Francisco officers and sought Field's