, 1889-08-22

news In the popular mind in this city.
Interest in the affair has been increased
by the action of the district attorney of
for the arrest of Justice Field on COM
plant of Mrs. Sarah Althea Terry.
LEGAL CONFLICT
threatens TO grow out of this demand.
The warrant directs Sheriff Cunning
ham of San Joaquin county to take
Field to Stockton, the former home of
Terry, in which city Nagle is at present
under arrest. The sheriff arrived here
last night with Il warrant which he pre-.
scented to Judge Rix, of the police court,
this morning for his signature. Judge
Rix asked the opinion of District At
torney Page, by whom he was advised
to endorse the warrant. EN.judgc
I.auderbach appeared for Justice Field,
declaring that the issuance of the war
rant was an attempt to humiliate JUS
tice of the United States supreme court.
Judge Rix finally endorsed the war
rant and it was placed in the hands OF
Sheriff Cunningham of Stockton. Judge
Field arrived at his chamber about noon
accompanied by Judge Sawyer and
Judge Brewer. Sheriff Cunningham,
Chief of Police Crowley and Captain
Lees went to the marshal's office in the
building as soon as Judge Rix had
SIGNED THE WARRANT.
From there the party, accompanied by
Marshal Frank, went to Judge Field :
chambers. The latter rose to receive
them and Sheriff Cunningham presented
the warrant formally. A writ of habca-
Corpus was at once sworn out before
Judge Sawyer of the Circuit court and
heard by him in chambers. The writ
was at once granted and hearing order
cd for next Thursday. The bail was
hHcd at $4,000. The petition was long
closing Il statement as follows:
sit is incomprchcnSilblc how any
man, acting in the course of duty, could
have listened ior one moment to Chnrgcs
from such source" Referring to Sarah
Terry, the petition also charged that the
purpose of the complaint by her was tc
subject him to arrest and confinement al
stockton, where said Sarah Althca may
be able by the aid of partisuns to carry
out lOnE-COutinurd and repeated threats
OF personal violence.
The supreme court of California, OF
which the lalc David Terry was former.
~ justice, yesterday morning
REFUSED TO ADJOURN
out of respect to Terry's memory. Thi,
decision was announced from the bench.
At stockton yesterday morning Judge
Build adjourned the superior court out
of respect to David Terry. He said
those who knew Judge Terry best knew
hlmas pure judge and an able attor.
nCy.
The petition for the writ of habeas
corpus was made by Justice Field him
self, and il Is II very lengthy document.
II sets forth in detail the facts of the
case already known, and declares that
AT the breakfast table mt Luthrop JUS
tice Field was malIciOusly ana wickedly
assaulted from behind without any
warning By David :. Terry, which as-
sault was not provoked by amy act, word
or decd of the petitioner.
Tic details of the contempt proceed
ing' of September last, when Mrs. Terry
caused II sensation in the circuit court
room, are then set fourth, and IL is de-
clarcd that at the time of the commits
sion of said contempt by Terry and his
wife and their arrests and conviction,
and the sentence therefor, at divers
times and places since, the petitioner
is informed and believes that said Terry
and wife have repeatedly threatened
that at the first opportunity they would
insult and assault the petitioner on ac-
count of acts done in the discharge OF
his duties devolving upon him rs asso-
Ciutc justice of the United States SUI
prcmc court, and said Terry repeatedly
and frequently declared and threatened
that he would 'get even" with the pc
titioncr. The petition next sets forth
that ut the time of the shooting Justice
Field was accompanied by II. Nag, IL
deputy lnitod States marshal, who was
acting under instructions from Attorney
General Miller of the United States, and
Marshal Franks. The petitioner de-
clares that lie Is in no way responsible
for any directions given Nagle or any
other person. and that he was merely
present at the place of the shooting
while On route from Los Angeles to san
Francisco, in the discharge OF his official
duties.
He further declares that he was not
armed then, nor has he been at any
time for many years armed with any
weapon whatever, nor has he used any
weapon of defense. The petitioner
further alleges that Sarah Altliea Terry
falsely and inaliciously swore out war.
rant of arrest. Justice Field also sets
forth in his petition that he is now hold
ing court in this city and that his arrest
and removal would seriously interfere
and interrupt his official duties, such an
interference being contrary to the pro.
visions of the constitution.
Justice Field further asserted that IN
the United States circuit court during
the hearing of the Sharon case it wa.
proved and held that the complainant
Sarah Althea Terry, was IAN abandoned
woman" without veracity.
TAKEN TO SAN FRANCISCO
SAN FRANCISCO, Aug. 17.-Dcputy Mar
shall Maggie, who shot and killed Terry
at Lathrop last Wednesday, was re
moved from Jail at Stockton by Sheriff
Cunningham this morning and brought
to this city on special train. This pro
ceeding was based on u writ of habea,
corpus issued by Judge Sawyer of tn,
United States circuit court yesterday
directing Sheriff Cunningham to pro-
duce Nagle in the circuit court at IL
o'clock this morning. Nagle was taken
from the Stockton Jail at that early houl
in order to avoid the excitement which
his removal during the day might oc.
casion.
A great number of persons were pres
ent in the circuit courtroom this morn
ing when he appeared. Attorney Nc
Guirc introduced District Attorney
White of San joaquin county, and said
they appeared conformity to oppose tho
release OF Naglc by the federal autbori
ties. The attorney, after reading tho
papers connected with the proceedings
entered
A GENERAL PROTEST
to the order of the court, claimed thai
il was beyond the jurisdiction ofthe fed
cral courts to take into the custody o
IL state an official person who had beer
arrested for the commission of II Grim,
in the states jurisdiction, and agains
the state laws.