Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-08-21

shall Magic win come up before Justice 9
the peace at Stockton, Wednesday nexs
A strong effort will be made after the ex
animation to secure bail. II it 10 refuset
the matter win be appealed.
United States Marshal Franks q secured
from Maggie the details OF the affair. Nagis
says he is confident that Terry drew bach
his HAND after striking Field for the pur'
pose OF pulling from his coat . knife tnai
ne wa presumed to carry, % he ones maze
affidavit that he always vent armed. II
is the theory about the United States mar.
shals Office that Mrs. Terry, when she
threw herself upon her husbands body.
took q weapon from him, though when
the body was searched no weapon wal
found.
The warrant upon which the arrest Of
Justice Field il expected to be made was
issued by Justice Of the peace 81. J. Swayne
OF Stockton, which is addressed to the sherifI
oil the county. No course has been outlined
by the friends of Justice Field as to the
action he will take under the circumstances
beyond the statement made by the attor-
neys for Maggie in Stockton that Justics
Field would appear at any time ii desired.
The warrant for the arrest of Justice Field
was issued upon the complaint OF Mrs.
Terry, who did not witness the shooting. Z
So far as evidence given before the
coroner's jury showed, in fact no d
whatever was given connecting Justice
Field with the tragedy in any way beyond
the fact that he was assaulted by Terry.
The attorney who appeared for the state
in the absence OF the district attorney re-
fused to issue q warrant, and it was issued
on Mrs. Terry's complaint in consequences.
TERRE HAUTE, Ind, August EX-SENATOR
Voorhees, heartily sustains Attorney-Gen.
eral Miller in what he did to protect Justice
Field. He believes in the fact that Fields
life was threatened by such q man as
Terry. 1t was eminently proper OF the
attorney-general to see that no harm came
to him while in the discharge OF his duty.
SAN FRANCISCO, August 16.-The supreme
court of the state OF California OF which
the late David 8. Terry was formerly chief
justice, this morning refused to adjourn
ont OF respect to Terry's memory. The
decision was announced from the bench,
the reason given being that Terry resigned
his judicial position to fight q duel, and he
was killed while in the act OF assaulting a
justice OF the United States supreme court.
FUNERAL OF JUDGE FERRY.
STocKToN, California, August 16.-The
funeral Of David 8. Terry was held here to-
day. The body was removed from the
at noon and taken to the Episco-
pal church where it lay in state two hours,
viewed by a great number of people. Mrs.
Terry occupied a pew nea the casket and
watched it all the while. Several times she
left her seat and threw herself on ths cas-
ket. The service was read by one of the
OF the church. The body was
inferred in the cemetery in town.
.r
THE ARREST OF JUSTICE FIELD.
SAN FRANCISCO, CAL, August 16.-Justice
j. Field, OF the o. s. supreme court,
was arrested to-day, on charge Of being a
party to the killing of David s. Terry at
Lathrop, last Wednesday morning. An
was made at once for a writ of
1abeas corpus, and the matter was heard
oy Judge Sawyer of the U. s. circuit court,
Tho granted the writ and released Justice
Field on Sc, 900 bail.
The warrant for Justice Fields arrest
vas issued by a justice of the peace in
on complaint OF Mrs. Sarah
Althea Terry. Sheriff Cunningham arrived
lere with the warrant last night, and ap.
to Judge Rix of the police court.
his morning, to endorse it. Judge Rix
iook the matter under advisement and
.sked the advice of District Attorney
Page. The latter expressed the opinion
hat the warrant should have been en-
lorsed, that it was issued in regular form,
md the judge should not consider the in
lividuality OF the person against whom it
Vas directed.
The counsel who appeared for Justice
field, urged the judge to ascertain if a war
ant should have been issued. He declared
hat the issuance of the warrant was moth
ng more than an attempt to humilate JUS
ice OF the supreme court.