Los Angeles daily herald., 1889-08-16

rest of Justice Field. 1t was issued by
District Attorney White on complaint of
Mrs. Terry, who charges Judge Field
with com plicity in the killing of her hus-
band.
Sheriff Cunningham left here at
O'Clock this afternoon for San Francisco
with the warrant to arrest Judge Field.
The attorneys representing the defense
promised that Field would appear when
wanted, but the complaint in the case
was made against Nagle and Field.
HOW 1T CANE To BE ISSUED.
The orders to Sheriff Cunningham to
arrest Justice Field were issued by Dis
trict Attorney White, who is a young
lawyer with but brief experience, against
the advice of his assistant, w. FL. Glib
son, an experienced prosecutor under
several Dist let Attorneys, and also At
torneys W. E. Turner and w. D. Grady,
close friends of the deceased, as we'll as
Clinton Terry, the only son of the de-
ceased. The District Attorney says he
did not want to take the responsibility of
dismissing the complaint against Field.
WORDING OF THE WARRANT.
Following is the wording of the war.
rant issued by Justice of the Peace
Swain, for the arrest of Justice Field:
Information on oath having been this
day laid before me by Sarah A. Terry,
that the crime of murder, felony, has
been committed within the said county
of San Josquin, on the 14'h day of
August, 1889, in this, that one David S.
Terry, human being, then and there
was wilfully, unlawfully and feloniously,
and with malice aforethought, shot,
killed and murdered, and accuses
Stephen Field and David Nagle, there
fore you are commanded forthwith to
arrest the above named Stephen Field
and David Nagle. and bring them before
me, at my office, in the city of Stockton.
(Signed) ii. V. SWAIN.
NOT YET ARRESTED.
SAN Francisco, August 15.-Sheriff
Cunningham, of San Joaquin county, ar
rived here from Stockton at 9 O'Clock to-
Justice Field. AS, howe er, the hour
was late and the warrant had TO be en-
dorsed by some magis trate of this city,
before it could be served, Cunningham
decided to wait until tomorrow morning
DclOIc bGs VINE IL
quietly at the Palace Hotel, this evening,
and received few callers.
Judge Terry's death yesterday and the
scenes surrounding it have been the
principal topic of conversation here to-
upon Justice Field congratulsting him
sending kilograms are his three brothers,
Cyrus W. Field, David Lindley Field,
| Henry NJ Field, Judge NJ. P. Deadly, OF
| Oregon. and Jas. Fl. Choate, President
Of the New York Bar Association.
HOW FIELD PASSED THE MORNING.
Justice Field, shortly before IL o clock,
drove TO the Appraisers building. He
went Immediately to the Circuit Court
cham bers, where he was soon joined by
Judge Sawyer and Judge D. j. Brewer,
of the Eighth Illinois Circuit, and the
three proceeded Immediately to hear the
argument in a habeas corpus case. Jus
tice Field referred freely, in conversation
with the attorneys and his associates, TO
the. exciting incidents of yesterday. He
is still under the protection OF Deputy
Marshal, as is also Judge Sawyer.
HEARING Set FOR WEDNESDAY.
STOCKTON, CAL, August l5.-Deputy
Marshal Nsgle was brought into court
this afternoon to have his preliminary
examination set. He wanted sn early
hearing, but it was decided to set the ex
animation for next Wednesday at 10
o'clock.
Messrs. Dudley, Campbell, Budd, Nc
Elrath and McPike have already offered
their services as counsel. Strong efforts
will be made after the examination to se,
cure bail. If it is refused the matter will
be appealed.
ARRANGEMENTS FOR THE FUNERAL.
STOCK TON, August 15.-The remains of
Judge Terry will be taken to the Epis-
copal church at noon tomorrow, and lie
in state till two O'Clock, when the ser.
vices of the church will be rendered by
a Sacramento choir. The pail bearers
selected are: Henry @. Wilson, of Te-
hama B. F. Langford, Senator from the
county j. @. Smith, farmer; Paul W.
Bennett, formerly Terry's law partner
General Edward Canavan and
Captain Murray, Mexican war
veterans; E. j. Colnon, journalist
James A. Morrissey, capitalist ex Mayor
Welsh. Judge ]. H. Budd, of the Supe.
rior Court; Judge Porter, formerly of
Chuth hUed, HOW JuStlC6 Oh tU6 supreme
Court of Arizona; s. D. Woods, attorney
of Stockton; Mayor Rubensteip, G. w.
rrahern, capitalist, an old-time friend of
the. deceased; Major ]. D Peters, grain
dealer; W. E. Turner and w. D. Grady,
lawyers.
These pall-bearers were selected by
Mrs. Terry and Clinton Terry, som e
names being suggested by friends.
Judge Porter is expected to make an
address at the grave, but friends will
urge him not to do so.
Morgan Hill, brother OF Mrs. Terry.
arrived today and had an affecting meet.
ing with his sister beside the bier. Mrs.
Terry has remained at the morgue ever
since the body was taken there, and says
she will remain with her husband as long
as he is above ground.
The body will be inferred in the rural
cemetery in the family plot, where lie
The remains of Terry's first wife, who
died in December, 1884, and his two
sons.
GATHERING EVIDENCE FOR THE DEFENSE.
LATHRoP, CAL, August 15.-About 8
O'Clock this morning, ex-Assistant
United States District Attorney McPike
and Attorneys Campbell and Dudley ar
rived in a carriage for the purpose of
getting the facts and instances connected
with the great tragedy of yesterday. F.
J. Lincoln, of the firm of Stack pole &
Lincoln, the only reliable WitneRa known