Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-17
JUSTICE FIELD ARRESTED.
Writ OF Habeas Corpus Sued Out and
He IL Released on Bail.

n writ OF Habeas Corpus sued Out and
He IL Released on Bail.
Justice Stephen J. Field Of the United States
supreme Court was arrested in San Francisco
Yesterday on the charge Of being q party 10 the
killing oflex-Judgs David 8. Terry at Lathrop
last wednesday morning. Application was
made at once for writ Of habeas corpus aud
the matter was heard by Judge Sawyer OF the
United States circuit court, who granted the
writ and released Justice Field on 5000 bail.
The warrant for Justice Fields' arrest was
issued by Justice Of the Peace Swain In Stock
ton on complaint Of Sarah Althea Terry. sheriff
Cunningham Of Stockton arrived with the war
rant and applied TO Judge Rir Of the police
court 10 indorse il Judge Rix took the matter
under consideration and asked the advice OF
District Attorney Page. The latter expressed
the opinion that the warrant should be indorsed
he said that IL was issued in regular form and
that the judge should not consider the individu-
atty Of the person sgainstwhom twas directed
Counsel who appeared for Justice Field urged
the judge 10 take testimony 10 ascertain II the
warrant should have been issued He declared
that the issuance OF the warrant nothing
more than an attempt 10 humiliate
a justice Of the Supreme Court Judge
RiI finally Endorsed the warrant and
placed IL in the hands OF sheriff Cunning
ham, who went at once to the United States
chambers are located.
THE WARRANT SERVED.
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 10 the
marshals office, and then, accompanied by
Chief OF Police Crowley, Capt Lees and United
states Marshal Franks. proceeded TO Justice
Fields chambers. Justice Field arose 90 receive
the party and Sheriff Cunningham presented
the warrant and formally made the arrest.
Application was made at once for a writ OF
habeas corpus. Judge Sawyer granted the writ
and the party retired 10 the circuit court room
Application was made by Attorney Critten-
Den to the supreme court 10 adjourn yesterday
as mark Of respect 10 the memory Of Judge
Terry.
Chief Justice Beatty declined to entertain
tne motion. After remarking that he was sorry
the motion had been urged he added:
1T Is very unpleasant affair, but the court
has fully considered the same and deems il the
wisest course 20 treat the subject In silence.
The sudden death of David s. Terry il notori-
Gus and it is the decision OF this court that Il
take no further action in the matter"
TIE WARRANT OF ARREST.
The warrant for Justice Fields arrest was
not granted by District Attorney White Of San
Joaquin county, Sarah Althea Hill Terry hav-
ing sworn 10 it before Justice of the Peace
swain. Mrs. Terry appeared greatly excited
at the time and even maintained that she saw
Justice Field fire shot at her husband after
he fell. The text Of the warrant upon which
Justice Fields arrest was ordered is a. follows:
| Information on oath having been this dAy
laid before me by Sarah A. Terry that the
crime OF murder, q felony, has been committed
within said county Of San Joaquin on the lsth
| day OF August, 1883, in this, that one David s.
Terry, human being, then and there was will
fully, unlawfully, feloniously and with malice
aforethought shot, killed and murdered, and
accused Stephen Field and David Maggie, there
fore you are commanded forthwith 10 arrest
the above-named Stephen Field and David
Maggie and bring them before me at my Office
In the city Of Stockton. H v. ]. SWAIN.
MRS. TERRY STILL vINprcTIvE
Mrs. Terry seems determined 10 hold Justice
Field morally not legally responsible for
her husbands death, and she loses no oppor-
tunity in the midst of her rawlings 10 criticise
the course Of Justice Field toward her and
Judge Terry She said to newspaper man:
Judge Field not only sent my husband 10
jail for six months but got out q circular 90
prejudice people against him, and some Of
these circulars were sent to me with the COM
pliments Of Judge Field OF course such
things as that aggravated Judge Terry. Why
should judge issue public circular 70 preju-
| dice the people IL his acts on the bench were
right and iust And have proof that he sent
privileged communication 10 the grand Jury
saying that Judge Terry must be indicted
|
the bench and this is the thanks he got from
| the coward / want Judge Field arrested rs
| accessory 10 my husbands murder"
Such utterances as these she continually
gives vent TO between her alternate fts Of pas
sion and hysterical grief.
DEPUTY EAoLE's HEARING.
The preliminary hearing Of Deputy Marshal
Maggie will come up before the justice Of the
peace at Stockton on Wednesday next Messrs.
Dudley, Campbell. Badd, McElrath and McPike
have already offered their services o. counsel
strong effort will be made after the examine
| ton TO secure bail. III il is refused the matter
will be taken to the highest court
United States Marshal Franks praises Naele's
conduct and will do all in his power 10 secure
him proper legal defense aud bail Mr.. Franks
has secured from Maggie details Of the affair all
substantially as published. Maggie was conf
dent that Terry drew back his hand after strik-
ing Justice Field the second time for the pur-
pose Of pulling from his coat the knife he is
presumed to have carried II IL remembered
that he once made affidavit that be always
went armed IL is the theory of those about
the United States marshars Office that Mrs
Terry, when she threw herself on her bus-
bands body, took a weapon from him.
JUDGE TERRY's FUNERAL
The funeral OF David s. Terry was held at
Stockton yesterday. The body was removed
from the morgue at noon and taken 10 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 al the
while. Several times she left her seat and
threw herself upon the casket. The service
was read by one Of the vestrymen Of the
church. The body was inferred in the ceme-
terry in stockton
What Terry's Partner SAYS.
A special to the Philadelphia Times from
Saratoga say; r. Porter Ash, who is here at
tending the races in which his two horses, Ger
aldine and Floodtide, have won in every race
they entered, was q law partner Of the late
Judge Terry and has been Tor many years. Mr..
Ash's father, graduate Of West Point, was a
Texas ranger with Terry in the Mexican war
and they were fast friends, and the son studied
law with rx-Judge Terry and became associated
with him in business.
"As TO this killing" said Mr.. Ash, ''all have
TO say 10 that instant death is q pretty severe
punishment Tor slapping a man on the face.
have no suspicion that Judge Terry meant to
kill Justice Field or do him any harm further
than TO humble him. He was a very passionate
man. never knew one more So and be felt
very bitte~ against Field, whom he regarded a.
his enemy.
THE row IN TIE COURT
81 shall never forget the scene in court when