Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-17
CONSIGNED TO THE GRAVE.
David 5. Terry Buried in the FANNY
Plot at Stockton.
JUSTICE FIELD ARRESTED.
Incidents Attending the Service of
the Warrant-Expressi
of the Press.
JUSTICE FIELD ARRESTED.
lspEclA1 DISPATCHES TO TIE ERoOED-Us1os.l
JUSTICE FIELD.

lsPEcIAL DISPATCHES TO THE gEcoED-Us UsJoS.l
JUSTICE FIELD.
Theory as to the Object of the Warrant
for His Arrest.
SAN FRANCISCO, August 18th. - When
Judge Rix opened his Cour: this morning,
Sheriff Tom Cunningham of San Joaquin
county appeared and presented @ warrant
which had been issued by Justice of the
Peace Swain of Stockton for the arrest OF
Justice Field. Judge Riy was asked to in
dorse the warrant. After consulting with
Prosecuting Attorney Dame, his Honor de-
cided that he would not comply with the
request nntil he had received the advice of
the District Attorney in the matter. Do |
understand you TO refuse to indorse the
warrant?n asked Sheriff Cunningham.
Until | have heard the opinion of the
District Attorney, that is my decision" +" re-
piled the Judge. "At present, however, /
think it is my duty to sign the warrant,
but think that in matter of such grave
importance it is but right that get all the
light on the subject possible. I will send
for Mr.. Page and set the matter for II
o'clock" AT IL o'clock District ATTORNEY
Page having been summoned by tele-
phone, Sheriff Cunningham, Chief Crowley,
Captain Lees, Assistant District Attorney
W. NJ. Gibson of Stockton, Mr.. Page snd
Judge LoudeTback, who appeared for JUS
tice Field, entered the Courtroom.
THE OPINIONS OF ATTORNEYS.
Judge Rix asked Mr.. Dunno what he
thought of the matter, and the Prosecuting
Attorney said he thought it was the Judges
duty to sign the warrant if it was regular.
His Honor then asked Mr.. Pages opinion,
and the latter said: Il have nothing 10
say beyond the fact that if the warrant is
regular on its face / should think your
Honor should sign it, without inquiring
into the individuality Of the person il
named"
Il have never from the first had any
doubt" said Judge Rix, "but what it was
proper for me to indorse the warrant"
Judge Louderback here interrupted bv
stating that the Court had discretion in the
matter of indorsing the warrant and if be
had any doubt about it he could take testi-
mony.
Well said the Judge, sit would be a
pretty matter if in the case of every warrant
drawn outside of this city and county which
Is presented to me for Endorsement should
take testimony. Mr.. Clerk, please draw up
the necessary papers for me-"
But your Honor" said Judge Louder
back, "the evident object of the law is to
afford some protection to persons from be.
ing dragged out of this county without q
crime having been committed. This is a
malicious insult offered to Justice OF the
Supreme Court of the United States in order
to crafty the venom of spiteful woman. -
We are all agreed on that point" said
Mr.. Dunno. But this Court has no alter
native than to countersign the warrant,
which has been regularly drawn and pre-
sented."
THE WARRANT INDoRsED.
1T makes no difference who the person
named in the warrant is" said Judge Rix:
but he was interrupted by Judge Louder
back, who hotly contended that it did
make difference when that person was
known to be Supreme Court Justice.
This line of discus sion was followed for
some time, Mr.. Dunno joining. At length
his Honor said that he did not wish to
hear any more, but Mr.. Louderback con-
tinued in q speech severely commenting on
Mrs. Terry, and enlarging on the indignity
which was about to beput on Justice Field.
Judge Rix finally settled the matter by
saying: Il have almost expressed myself
in the same way, as you are now doing,
Judge Louderbsck, yet ! am satisfied that
II IS my duty to sign the warrant, and |
don't propose 10 shirk that duty, however
unpleasant il may be to me or how much
dislike to do it,
Mr.. Dunne then remarked that the war
rant on its face complied with all the re-
Quirements of the statutes aud the Court
had nothing to do with the maliciousness
OF its issuance. call the next case" be
concluded, and Sheriff Cunningham left
the Court, the indorsed warrant in his pcs.
session. When asked when and where the
warrant would be served, Mr.. Cunningham
replied that he had appointed 10 meet
Justice Field at o'clock at the United
States Circuit Court, where he would be
taken into custody.
THE JUSTICE TAKES DRIVE.
Justice Field, Judge Lorenzo Sawyer and
George c Gorham took an early ride this
morning, driving as far as the Cliff House
where they took breakfast. There were nc
Court affairs 10 compel the speedy return
of the Judges, so they enjoyed a leisurely
visit at the oceanside resort returning tc
the city before noon.
Sheriff Cunningham told friend that be
intended to serve the warrant for Justice
Fields arrest as soon as the latter had con.
cluded breakfast, but as the return of the
party from the Cliff was not until late, the
action of the Sheriff was deferred.
Meanwhile United States District Attor.
ney Carey and others interested in the case
in behalf of Justice Field were not idle
Very little could be learned of their actions
for they kept very quiet, but the general
understanding was that proper habeas cor
pus proceedings would be instituted to pre.
vent Justice Field from being taken to Stock.
ton as the prisoner of San Joaquin countv's
Sheriff. The feeling among Justice Fields
friends was that the complaint was sworn
TO By Mrs. Terry with the main idea of Sc.
curing Justice Fields presence in Stock.
ton, that there she might have opportunitv
10 attack him. He will net 20 10 Stock,
ton, was the confident prediction of ont
of his warmest friends and supporters.
THE WARRANT SERVED.
By agreement all interested in the matter
assembled about l o'clock this afternoon
in Judge SawyeT's chambers in the Ap
pJaiser's building, I, had been given ou
? that the warrant would then be served. A
number of Justice Fields friends and many
press representatives were on hand.
When the .hrong entered the chamber,
Justice Field was sitting quietly 81 a desk
By his side we're Chief Of Police Crowley
ex Judge Evsns, Marshal Franks, L S. b
Sawyer and others. Among those whoe en-
tered he room as Sheriff Cunningham ad
yaDced and read the warrant Of arrest Il
Justice Field were L. ]. Wilson, Stuar
Taylor, Clement Bennett, II. ?. Shedd
George C. Gorham, Judge Brewer of Iii
nois, Henry Thompson, j. f. McElrsth
Judge Cope, w. f. Herrin and manl
others.
Sheriff Cunningham read the warrant
Justice Field took it, read il and said
I've no doubt this is all right. l sub
NIT. You may consider me Ia your Gus
todyn
HABEAs CORPUS PROCEEDINGS.
The attorneys for Justice Field iheI
busted themselves with habeas corpus pro
ceedings. Mr.. Carey. Mr.. Herrin and Gle
ment Bennett, official reporter. went befor
Judge Sawyer with q petition alresd,
drawn up. Judge Sawyer promptly or
dered the writ issued.
After the habeas corpus writ was serve,