The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1889-08-17
STATE and NATIONAL AUTHORITY.
Which Will Prevail In the Case Of
Justice Field.
Interest over the Shooting of Terry
Steadily Increasing.
The United States Court Grants a
Ready Writ of Habeas Corpus.

SAN FRANCISCO. CAL, August 16.-The
Terry tradgedy continues to dwarf all other
news in the popular mind throughout Cali
fornia. Public interest has increased by
the action Of the District Attorney of San
Joaquin county in issuing warrant for the
arrest of Justice Field, on complaint OF Mrs
Sarah Althea Terry. A great legal conflict
threatens to grow out of this demand. The
warrant directs Sheriff Cunningham, of San
Joaquin county, to take Justice Field to
Stockton, the former home of Judge Terry.
in which city Deputy Nagle was arrested.
The sheriff arrived here last night and ex-
pected to make the arrest this afternoon it
first being necessary to have the writ ap-
proved by the Judge of San Francisco
county. The matter was called to the atten-
tion of Judge Rix this forenoon, who de-
clined to endorse it without having an opp0T-
tunity to consider the facts. In the event
the warrant is served, it is understood that
as soon as the arrest is formally made a
writ of habeas corpus will be issued in the
u S. Circuit court. This course is decided
upon by the counsel of Justice Field to de-
termine at once the authority of the federal
court and its officers. 1t is known that ac-
tion will be taken seeking for an order from
the u. s. Court upon Sheriff Cunningham to
at once deliver Deputy Marshall Nagle into
the custody of the U. S. Marshall O'Brien.
WASHINGTON, Aug. 16.-It was in last
April that the Department OF Justice first
took official cognizance of the possibility of
Judge Terry making trouble upon the
occasion of Justice Fields visit to California
to hold a session of court. 1t had been
known for long time that there was always
danger of the Terrys making trouble. Judge
Terry had assaulted United States Marshal
1yc hod fo ha dicar
general yiciousness OF disposition was well
known.
When it was suggested to the Attorney
General that Justice Field might be in
danger of his life in carrying out his official
duties the Attorney General did not hesitate
a moment to take steps to surround Justice
Field with every element of safety. On
April q the Attorney General wrote to
Marshall Franks, who Is the United States
Marshall for the Northern District OF Cali
fornia, that threats had been made against
Justice Field and Judge Sawyer, that the
Marshall must protect the persons of Justice
Field and Judge Sawyer, and that the
sanctity of the Court and the majesty of the
law must be preserved and maintained.
The Marshall was directed to act with great
caution however.
SAN FRANCISCO, CAL, Aug. 16.-The
which the late David A. Terry was formerly
chief justice, this morning refused to adjourn
out of respect to Terry'S memory. OF this
decision it is announced that the occasions
on which Terry resigned his judicial position
was to fight duel, that he was killed while
in the art of assaulting a justice OF the
United States Supreme Court.
STOCKTON, CAL, August, 16.-The funeral
of d. S. Terry was held here today. The
body was removed from the morgue at noon
and taken to the Episcopal church where it
lay two hours and was viewed by great
pew near the casket and watched the face of
the dead all the while. Several. times she
left her seat and threw herself upon the
casket. The service was read by one vestry-
man of the church. The body was buried in
the cemetery at Stockton.
fLATER.I
SAN Francisco, August 16.-The war
rant of arrest was served upon Justice
Field this afternoon at the latter's chambers
in the appraisers building. A writ of
habeas corpus was at once sworn out before
Judge Sawyer in the circuit court and heard
by him in the Chamber.
Judge Sawyer granted the writ of habeas
corpus and released Justice Field on $4,000
hail