Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-28
He Asks the Court to Give Him Speedy
Trial.

Trial.
SAN Francisco, August 27th.-Judges
Sawyer and Sabin, sitting on the United
States Circuit bench, probably never looked
down upon larger representation of the
legal profession than that which gathered
in the United States Circuit Court this
morning to listen to the legal arguments
upon the question of Jurisdiction in the
Nagle case.
Anticipating long argument the Court
room tables had been arranged into long
continuous one, to accommodate the pile
OF legal documents and authorities which
are always necessary in such cases. But,
contrary to expectations, although both
sides of the case were represented bv a
dozen or so of the best of the profession,
there was nothing to indicate a probable
legal argument of an extensive nature
The representatives from Stockton,
headed by Attorney Turner, had evidently
come into Court to argue the case from
their only point, that of lack of jurisdiction
OF the Federal Courts, while the ATTORNEYS
of the petitioner were present with some
new idea shaped into a motion to present
to the Court tor consideration.
Justice Field occupied his former seat in
the jurors box, and Nagle, his guardian,
sat quietly by the side of his attorneys.
Alter the Court had been opened and
silence strictly enforced, attorney Woods of
Stockton, on behalf of Sheriff Cunningham
of San Joaquin, announced that the latter
had complied with the order coming from
his superior officers to release Justice Field
from custody, and now desired to make his
return to the Court.
Attorney Mesick then suggested that as
Justice Field had been released from Gus
tody, it was but natural that the proceed
ings against him should be considered as a
reason for the habeas corpus case being also
quashed, and requested the Court TO do so.
No objection was interposed by the oppos-
ing counsel, and the case against the Asso-
ciate Justice of the United States Supreme
Court, which had cast SO much discredit
upon Its lnstlgators, was accordingly dis
missed from the calendar of the Court.
Judge Sawyer, however did not issue his
order to that effect without some comment,
which was OF rather severe nature. He
said:
We are glad that the prosecution OF Mr.. JUS
tlce Field has been dismissed, founded as it was
upon the sole, reckless and, as to him. mani
testify false affidavit of one whose relation to the
matters leading to the tragedy, and whose ami
mostly towards the Courts and Judges who
nave found II their duty to decide against her
and especially towards Mr. Justice Field is a
part OF the Judicial and notorious public history
of the country.
IL WIS ullueT the circumstances, and
the sole affidavit produced, especially after the
Coroners inquest, so far as Mr.. Justice Field is
concerned, shameless proceeding, and as in
timated by the Governor OF the Commonwealth,
II 1t had been further persevered in would have
been lasting disgrace to the State.
While Justice of the Supreme Court of the
United states, like every other citizen, is amen
able to the laws, he is not likely to commit so
grave an otfeDse as murder, and should he be so
unfortunate as to be unavoidably involved in
any way III a homicide he could not afford to
escape, If 1t were in his power to do SO; and
when the act is so publicly performed by an
other, as in this instance, and is observed by so
many witnesses, the officers of the law should
certainly have taken some little pains to ascer.
tain the facts before proceeding to arrest so dis
tinguished dignitary and to attempt to incar-
cerate him prison with felons or to put him in
position to be further degraded and perhaps
assaulted by one SO violent as to be pubiiely re-
ported, not only then but on numerous previous
occasions, to have threatened his life
We are extremely gratified to find that,
through the action of the Chief Magistrate and
the Attorney-General higher officer of the
Jaw, we shall be spared the necessity of further
lnquiring as to the extent of the remedy afforded
The distinguished petitioner by the Cons titution
and laws of the United states, or of enforcing
such remedies as exist, and that the stigma cast
upon the state of California by this hasty and
to call 1t by no harsher term, illadvised ar.
tion.
Since the State proceeding has been dismissed.
let the petitioner be discharged and the writ of
uaDeds corpus dismissed.
The Nagle case was then called. To the
surprise of the opposing counsel, attorney
Mesick, on behalf of his client, asked that
the Court set date for the hearing of the
case, as his client desired to waive all pre-
hminary examinations and agreements as
to the side issues of the case, and be tried
on the charge upon which he was being
held by the authorities. Attorney Mesick,
IN making his motion, did so in manner
10 cause II to be believed that the question
of jurisdiction had already been settled,
and, as might be expected, attorney Tur-
ner was on his feet in a moment. remind
ing the Court that this question had not as
yet been settled.
1t is an unheard of proceeding" said he.
The learned counsel for the petitioner
Ignore the State Courts in one case and in
another of a similar nature accept its
rulings. The opposing counsel have pro-
ceeded In accordance with the State laws
in the case of Field, but now come into an
other Court in apparent ignorar ce of he
existence OF such a State Court. If the
State laws were the remedy for one case
why should they not be for another ?''
Attorney Mesick, however, adhered to
his motion, and was upheld by the Court
after half hours argument between at
torneys Mesick and Turner.
The Court finally ruled that, as the op-
posing counsel could not agree upon some
mode of proceeding, the matter should 90
over until to- morrow morning, and during
tie meantime the attorneys could settle
among themselves the proper course to
take.
As the case now stands, all questions of
Jurisdiction will be argued after the main
part of the case has been presented. In
fact, 1t is case of the cart before the horse.
Before adjourning, ex.Judge Mcguire,
who has heretofore associated himself with
attorney Turner, announced his intention
of Withdrawing from the case.
1 merely entered this case to argue the
question OF jurisdiction" said he, "and as
am about to visit the East and this oues-
ton is not to come up until the case has
been tried, | will then withdraw
Attorney Turner also stated that circum-
stances would compel him to withdraw
from the case. The latter's announcement
was somewhat of a surprise to the Court
and the attorneys, but attorney Turner de-
clined to give his reasons for so doing.
SARAH ALTHEA's COMPLAINT.
The complaint on which Justice Field
was arrested is stated in language as fol-
lows:
In the Justice Court of Stockton township. in
the county of San Joaquin, State of California
The People of the State o. California against
stephen ]. Field and David Nagle, defendants.
Before H. V. ]. Swain, Justice of the Peace
personally app feared before me, this day Sarah
A Ierry, who Being duly sworn, complains and
says that in the county of San Joaquin,
state OF California, on or about the 14th
day OF August. A. d. 1889, Stephen ]. Field and
David Nagle committed the crime of murder
felony IN this, that the said Stephen j. Field
and David Nagle did at and in the county and
state aforesaid, wilfully, unlawfully feloniousy
ana OF their malice aforethought, shoot and kill
and murder one David s. Terry, a human being
then and there being and all of which Is
contrary to the form OF the statute in such cases
made and provided, and against the peace and
said complainant therefore prays that a warrant
may be issued for the arrest of said Stephen j.
Fleid and David Nagle. and that they may be
dealt with according to law. SARAH A. TERRY
subscribed and sworn to before me this 18th
day of August, A. d. 1eS9.
HV.J. SWAIN,