The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-08-17
Justice Field Habaas Corpused.

Stephen j. Field, of the United
States supreme court, was arrested
to-day On the charge of being party
to the killing of David S. Terry at Lathror
last Wednesday morning. Application was
made at once for writ of habeas corpus
and the matter was heard by Judge Sawyer,
of the United States circuit court, who
granted the writ and released Justice
Field on s., 900 bail
The warrant for Justice FIELDS arrest was
issued by justice of the peace in Stockton,
on the complaint of Mrs. Sarah Althea
Terry. Sheriff Cunningham, of Stockton.
arrived here with the warrant last night,
and applied to Judge Rix, of the police
court, this morning to endorse 1t. Judge
| Rix took the matter under advisement and
asked the advice of District Attorney Page.
The latter expressed the opinion that the
warrant should be endorsed as it was
issued in regular form, and the judge
should not consider the individuality of the
person against whom it was directed.
The counsel who appeared for Justice
Field urged the judge to take testimony to
ascertain if the warrant should have been
issued. He declared the issuance of the
warrant nothing more than an attempt to
humiliate a justice of the supreme court
Judge Rix finally endorsed the warrant
! anu JldCSu IL III ILlC l4elOo VI hOhCLlh SuAl-
ningham, who went at once to the United
States building where Justice Fields
chambers are located.
Justice Field arrived at his chambers
about noon, and with Judge Brewer, of
Kansas, and Judge Sawyer, greeted the
arrival of Sheriff Cunningham. They
went first to the marshal's office, and then
accompanied by Chief of Police Crowley,
Captain Lees and United Marshal Franks,
proceeded to Justice Fields chambers.
Justice Field rose to meet 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 retired into the circuit court
room and took a seat in the jury box.
District Attorney Carey announced that
writ of habeas corpus and pro-
duced the prisoner, and that
he now awaited the further pleasure of
the court. Judge Sawyer set the case for
hearing next Thursday before noon and
ordered Justice Fields release, fixing his
bail at 5000.
The petition for a writ of habeas
corpus was made by Justice Field
| himself 1t sets forth in detail the facts
of the case already known and declares
that at the breakfast table at Lathrop
| that Justice Field was maliciously
and wickedly assaulted from behind him,
without any Forwarding, by Judge Terry,
which assault was not provoked by any
act, word or deed of the petitioner. 1t de
tails the contempt proc e ID n of September
last when Mrs. Terry caused ascene in tie
forth and declares that at the
time of. said contempt by Terry
and his wife, and their arrest, con-
victions and sentences therefor, and that
at divers times and places since, as the pc
titioner is informed and believes, said
Terry and wife have respectively threat
ened that at the first opportunity they
would insult, assault and give the
petitioner accounts of the acts done in the
discharge of the duties devolving upon
him as associate justice of the United States
supreme court, and said Terry had repeat
edly and frequently declared and threatened
that he would "get event. with the petition
er. The petition next sets forth that at the
time of the shooting Justice Field was &C
companied by David Nagle, "a deputy United
States marshal, who was acting under in
structions from the attorney general of the
United States and Marshal Franks.
The petitioner declares that he in no way
or manner defended himself or protected
himself, and was in no way responsible for
any directions given Maggie, nor any other
person, and that he was merely present at
the place of the shooting while enroute
from Los Anfieles to San Francisco in the
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
The petitioner further alleges that Sarah
Althea Terry falsely and maliciously swore
out the warrant for the arrest of Justice
Field. He also sets forth in his petition
that he is now holding court in this city
and that his arrest and removal would
seriously interfere with and interrupt his
official duties, such interference being con-
trary to the provisions of the constitution.
Justice Field further asserts that in the
United States circuit court during the
hearing of the Sharon case issues, it was
proved and held that the complainant,
Sarah Althea Terry, was an abandoned
woman without veracity.