Crawford avalanche. (Grayling, Mich.) 1879-19??, 1889-08-29
JUDGE FIELD ARRESTED
TUE SUPREME coURT JUsrftE 4;
TAKEN MIRO CDsfopx ~ q

- fftt 4illt pI|i ". ~
Quickly Released by HaBeas Corpus Pro-
ceedings ON Bonds OF $4,000 Marshal
Nagle Also Freed from the Stockton
jail Burial of Judge Terry.
A San Francisco dispatch says: JUS
tice Stephen j. Field of the United States
Supreme court was arrested here Friday
on a charge of being party to the killing
OF David s. Terry at Lathrop last Wednes-
day morning. The application for 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 s., 900 bail. The. warrant for
Justice Fields arrest was issued by JUS.
tice of the peace in Stockton, On the com.
plant of Mrs. Sarah Althea Terry.
Sheriff Cunningham of Stockton arrived
here with the warrant fThursday night
and he applied to Judge Rix OF
the police court to indorse 1t.
Judge Rix took the matter under advise
ment and consulted with District Attorney
Page, who expressed the opinion that the
warrant should be Endorsed, as it was is
sued in the regular form and tho 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 ascer-
tain n the warrant had been issued. He
declared that the issuance of the warrant
was nothing more than an attempt to
humiliate Justice of the Supreme court.
Judge Rix finally indorsed the warrant
and placed it in the hands Of Sheriff Cum
ningham, who went to the United States
appraisers building, whore Fields cham
bers and located.
Justice Field arrived at his chambers
about noon, and with Judge Brewer OF
Kansas and Judge Sawyer awaited the ar
rival of the sheriff. Sheriff Cunnin CHAM
went first to the marshal's Office, and then,
accompanied By Chief Of Police Crowley,
| Capt. Lees and United States Marsha
| Franks, proceeded to Justice Fields cham
| Der. Justice Field arose to receive the
party and sheriff v Gnaningham e pr presented nss
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 an
nounced that Sheriff Cunningham had
| obeyed the 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
| for next Thursday morning and ordered
Justice Fields release, fixing the bail at
$1,000.
The petition for the writ of habeas COR
pus was made by Justice Field himself,
aud is very long document. Itsets forth
| in detail the facts of the case already
| known, and declares that at the breakfast
table at Lathrop Justice Field was ma
| liciously and wickedly assaulted from be-
hind 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 in the Cir
int hs pstn sGHF 2SR s rn afp SsE d t9FSR
time of the shooting Justice Field was ac-
companied by David Nagle, deputy
| United States marshal who was acting
| under instructions from the Attorney
General of the United States and Marshal
| Franks. The petitioner declares that he
in no way or manner defended or protect
cd 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, ii
obeyed, the deputy will.be brought to this
city.
Application was made by Attor-
ney Crittenden to the Supreme conrt or
tSs eor5 % dPr9 81 9dSEs a mark sfFy Of
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:
at is a very unpleasant affair, but the
court has fully considered the same and
deems il the wisest mode of treating the
subject in silence. The sudden death OF
David S. Terry is notorious and 1T Is the
decision Of this court that it takes no FUR
ther action in the matter"
The funeral of Judge Terry was held al
Stockton Friday. The body was removed
from the morgue at noon and taken to the
Episcopal church, where it lay in state fol
two hours and was viewed by agreat mum
ber of people. Mrs. Terry occupied pew
near the casket and watched the face o
the dead all the while Several times sh'
left the seat and threw herself upon th'
casket. The service was read by one o.
the yestrymen of the church. The body
was buried in cemetery in the town.
Deputy United States MAJ shal-Nagle, VIII
: shot and killed David s. Terry, was release'
from jail at Stockton at 8 o. clock Saturda,
morning on writ of habeas corpus issue
by Judge Sawyer of the United State
Circuit court He passed through here er
route for San Franciso, accompanied b,
: Marshal Franks
) United States Attorney Cary o
San Francisco received Telegram
from the Department. OF Justice a
, Washington instructing him to assume
, on behalf OF the United States govern
meat, the defense of Deputy United Stape
, | Marshal David Nagle.