The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-08-25
His Letter to Zach Montgomery
On His Contempt Case,
CHARGES AGAINST JUDGE FIELD.
They Originated In Politics Waterman to AZ
ney-General JOhnstOn-The Charles
toms Trial-Thc Texas.

Montgomery. and the latter, while fully
aware Of the faults of the Judge, speaks OF
him as one whom he would have implicitly
trusted. He regarded him as thoroughly
honest man incapable of subterfuge for the
sake of carrying point.
You will see," said Mr., Montgomery,
that this letter gives calm, dlspasslOn-
ate view of the relations at that time, and
prior thereto, existing between the writer
and Mr. Justice Field, as he evidently
understood them to be. While the state
ments contained in the letter do not con
tain a legal justification for the assault said
to have been recently made by Judge Terry
upon Mr. Justice Field, they nevertheless
throw flood of light upon series OF eX-
traordinary events leading to that assault,
well calculated to modify the harshness of
public opinion as to its supposed unmltl-
gated enormity." 80,
Oakland, Cal, September 5, 1888. Hon
Zach Montgomery, Washington, ID. Z.
Dear Sir: You have doubtless seen the
newspaper account of the matters which
occurred in the United States circuit court
on Monday but of course you have not seen
or heard the truth. BY an arbitrary eXer-
else of power by the circuit court sup
ported by false record, l was adludged
guilty of contempt and sentenced TO I'M
Drisonment for six months. | have made
Cured in the court and upon that propose
10 ask heintervention of the President, and
request YOU to see the President and tell
him all you know of me and what degree OF
credit should be given to statement made
by me upon M own knowledge OF the facts.
''If by resisting the execution OF the
order l could have brought myself into
physical contact with Field and Sawyer,
ghen it might be believed by sane man
that had resisted or attempted to do so;
but to those who know me, can they be-
ieye that | would voluntarily provoke
contest with the marshal and his deputies
in which could not succeed, but must in
evitably be Overpowered by numbers! Be
sides, / was not at all surprised by the dc
cision, for | was satitied that Field had
been sent to California by NeWlands to de-
eide as he did with the idea that decision
by Field would have more weight with the
state courts than one by Sawyer, and there
rs no use owning judge unless you make
use of him.
LAS to the question of assault, did not
assault the marshal; he without reason or
excuse, assaulted me, and while struggling
with him and two of his deputies, l struck
him. There was no weapon drawn or at
tempted to be drawn in the courtroom,
except by the marshal's deputies, several
of whom flOurished their pistols. Several
persons present did as much as / did. /
was very anxious to have an opportunity
of proving that the Judge of the circuit
court had spread falshood on the records
OF the court l meant to prove itsby Judge
Field himself, and in order to do this
commenced an action in the superior court
OF the city and county of San Francisco
against Franks for false Imprisonment,
and got an order to take the deposition of
Judge Field before a judge of the superior
court.
''Great difficulty was eXperiencedin serv-
ing a subpoena on Field. Immediately
that it was served Judge Field, as l am
informed, went to the Office of Wilson &
Wilson, who are the attorneys for New
lands and Sharon in the case in the circuit
court, and the same day, upon the petition
of the defendant, signed by Wilson & Viii
son, r. S. Messic and w. F. Herrin, the
sttornC"s who appeared for Sharon and
Ne17lanos in the circuit court, the case
was transferred to the United States cir
scuit court, over which Field presides, and,
OF course, by this move Field avoided being
examined as a witness in proceeding in
which he would have been obliged to
sell the truth or take the chance of pros
ecution for perjury.
''The whole cause of Fields enmity was
incurred BY my refusal 10 support his as
piratiOns for the presidency. Field imag
med that he was a prominent candidate for
the presidency, in 1880, nothwithstand-
Ing the TACT that the convention which
met at Ga land, had a roll called at which
each me- YER was required as his name
was Gale give an expression of his
choice I \ candidate, and that out of
more { four hundred delegates, Field
only r .Sed three votes. Yet certain
lawyer who were elected delegates to the
national convention were induced to vote
FOR Field against the expressed will of
those who elected them, because they |
practiced before Field and wished to stand |
well with the court.
SIN March, 1884, ! was solicited to use !
my influence to obtain for Field the vote |
of California in the Democratic National /
convention. He believed, it was said, that /
with it he could secure the nomination. |
owing to the power of his family i'll the |
east. I replied that Judge Field and his |
friends greatly Overestimated my influence |
if they wished me to give him the vote of |
California in the national convention, but |
that if / could / would not. that Judge |
Fields judicial record would absolutely |
prevent my giving him any support. The /
state convention met that year in Stockton, |
my place Of residence, and Judge Field had |
in that convention no supporters.
II am not guilty of any,contempt. ] did |
not attempt to prevent or Obstruct the exc
cution of Fields order. My only desire |
was that it should be executed without I'M
necessary violence and wished myself to
remove my wife ffo-l the court room when
she was certainly committing very grave
of court, though firmly believe
she was telling the truth, which, as you
know, was an aggravation to the offense
O''If l had had desire to resist the exc
cution of the order / well knew l was pow
erless to do so, as every deputy marshal |
and secret service agent of the United i
States was in the court room, and the only |
result Of any attempt at resistance would |
be struggle with those persons who were |
not responsible for the opinion or decision |
Of the court but were its mere servi- |
tors.
: "Field, as am told, is violently enraged
1gainst the Stockton convention Democrats,
Vi Wnom / am one, and ne may have been /
by this feeling in his conduct on
Monday. l don't want TO stay in prison
six months for an offense of which am not
guilty There is no way left except to ap-
peal to the President. The record of the
court imports absolute verify so l am not
allowed to show that the record of the cir
cult court is absolutely false.
IF you can help me in this matter, you
will confer on me the greatest possible
favor Yours truly, D. s. TERRY.
Relating to the action of Judge Field in
the matter Judge Terry said in letter to
che deputy marshal for the southern
district of California:
! 81 think Judge can commit no higher
crime than making a false record. That
the circuitjudge did so l can prove beyond
81 doubt. This evidence win be presented
p the President, and upon it he will be !