Democratic Sentinel, Volume 13, Number 32, Rensselaer, Jasper County, 30 August 1889 — JUDGE FIELD ARRESTED [ARTICLE]

JUDGE FIELD ARRESTED

THE SUPREME COURT JUSTICE IS TAKEN INTO CUSTODY Quickly Released by Habeas Corpus Proceedings on Bonds of 85,000—Marshal Nagle Also Freed from the Stockton Jail- Burial of Judge Terry. A San Francisco dispatch says: Justice Stephen J. Field of the United States Supreme court was arrested here Fri lay on a charge of being a party to the killing of David S. Terry at Lathrop last Wednesday morning. The application for a writ of habeas corpus was at once made, and the matter was heard by Judge Sawyer of the United States Circuit court, who granted the writ and released Justice Field on $5,000 bail. The warrant for Justice Field’s arrest was issued by a justice of the peace in Stockton, on the complaint of Mrs. Sarah Althea Terry. Sheriff Cunningham of Stockton arrived here with the warrant night, and he applied to Judge Rix of the police court to indorse it. Judge Rix took the matter under advisement and consulted with District ("“Forney Page, who expressed the opinion that the warrant should be indorsed, as it was issued in the regular form and the judge should not consider the individuality of the person against whom it was directed. Counsel who appeared for Justice Field, urged the judge to take testimony to ascertain if the warrant had been issued. He declared that the issuance of the warrant was nothing more than an attempt to humiliate a justice of the Supreme court. Judge Rix finally indorsed the warrant and placed it in the hands of Sheriff Cunningham, who went to the United States appraiser’s building, where Field’s chambers and located. Justice Field arrived at his chambers about noon, and with Judge Brewer of Kansas and Judge Sawyer awaited the arrival of the sheriff. Sheriff Cunningham went first to the marshal’s office, and then, accompanied by Chief of Police Crowley, Capt. Lees, and United States Marshal Franks, proceeded to Justice Field’s chamber. Justice Field arose to receive the party and Sheriff Cunningham presented the warrant and formally made the arrest. An application was made at once for a writ of habeas corpus. Judge Sawyer granted the writ and retired to the Circuit court room. District Attorney Carey announced that Sheriff Cunningham had obeyed the writ of habeas corpus and produced the prisoner, and that he now awaited the further pleasure of the court. Judge Sawyer set the case for a hearing for next Thursday morning and ordered Justice Field’s release, fixing the bail at $5,000. The petition for the writ of habeas corpus was made by Justice Field himself, and is a very long document. It sets forth in detail the facts of the case already known, and declares that at the breakfast table at Lathrop, Justice Field was maliciously and wickedly assaulted from behind without any forewarning by David S. Terry, which assault was not provoked by any act, word, or deed of the petitioner. The details of the contempt proceedings of September last, when Mrs. Terry caused the sensational scene iu the Circuit court room, are then set forth. The petition next sets forth that at the time of the shooting Justice Field was accompanied by David Nagle, deputy United States marshal who was acting under instructions from the AttorneyGeneral of the United States and Marshal Franks. The petitioner declares that be in no way or manner defended or protected himself, and was in no way responsible for any directions given Nagle or any other person, and that he was merely present at the place of shooting while en route from Los Angeles to San Francisco while in discharge of his official duties. He further declares that he was not then nor has he been at any time for many years armed with any weapon whatever, nor has he used any weapon whatever. Action will be taken seeking for an order from the United States court upon Sheriff Cunningham to at once deliver Deputy Marshal Nagle into the custody of the United States Marshal. Upon which, if obeyed, the deputy will be brought to this city. Application was made by Attorney Crittenden to the Supreme conrt of California to adjourn as a]mark of respect to the memory of Judge Terry, ex-chief justice. Chief Justice Beatty declined to entertain the motion in the following language, after remarking that he was sorry that the motion has been made: “It is a very unpleasant affair, but the court has fully considered the same and deems it the wisest mode of treating the subject in silence. The sudden death of 1 David S. Terry is notorious and it is the decision of this court that it takes no further action in the matter.” The funeral of Judge Terry was held at Stockton Friday. The body was removed from the morgue at noon and taken to the Episcopal church, where it lay in state for two hours and was viewed by a great number of people. Mrs. Terry occupied a pew near the casket and watched the face of the dead all the while. Several times she left the seat and threw herself upon the casket. The service was read by one of the vestrymen of the church. The body was buried in a cemetery in the town. Deputy United States Mai shat Nagle, who shot and killed David S. Terry, was released from jail at Stockton at 5 o’clock Saturday morning on a writ of habeas corpus issued by Judge Sawyer of the United States Circuit court. He passed through here en route for San Franciso, accompanied by Marshal Franks. United States Attorney Cary of San Francisco received a telegram from the Department of Justice at Washington instructing him to assume, on behalf of the United States government, the defense of Deputy United States Marshal David Nagle.