New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-17
IusTTCE FIELD RELEASED.
THE WARRANT MET BY A WRIT OF HABEAS
CORPUS.
r,,xrnAL OF JUDGE TERRY AT STOCKTON
THE CALIFORNIA SUPREME COURT
REFUSES TO ADJOURN IN MEMORY
.sY TELEGRAPH TO THE TRIBUNE ]

sQY
r,arcisco Aug l6-The leading incidents
~. Tsyry case to-day were equally divided
- Gan Francisco and Stockton They were
.sst and release on habeas corpus of Justice
80 - this city, and the funeral of Terry at
r..,,.o, Here was presented the extraordinary
.oola ~ a member of the highest court in the
"a chewing the order of one of the lowest court
ssosrs of the State of California. There was
thing dramatic about the nominal arrest OF
Tne,,ce Field Sheriff Cunningham, Of Stockton,
hir ford, good-natured man. looked
nainfully embarrassed when he Informed the
Justice that he had warrant for his arrest. MT
Fold who was in the Circuit Court rooms took
the document, read it carefully. and then ac-
lnowledged that he was under arrest. lie
treated the sheriff in patronizing fatherly way
and walked armin.arm with him TO Judge saw
ro,,s chambers. where the usual routine in habeas
corpus eases WAS performed, and the prisoner was
released.
The uettion for the writ was made by justice
Field himself 1t fills over a dozen type-wnlteh
pages sets fo-h in detail the facts Of the case aS
already known, leading up TO the time when at 'he
brealIiasttable at Lathrop "he was mahclouSly ana
wickedly assaulted from behind, without any
forewarning, by David S. Terry, which said as
sault was not provoked by any act word or deed
Sopa ~ said nv vour petitioner" The two
PO1i'iN''NA'
main grounds of the petition were that the war
rant was issued without probable cause and was
due to the enmity of Sarah Athea, and secondly
that he was interfcred with in the de>ect dis
charge of his duty as ON officer Of the Federal
Court.
The State Supreme Court showed its opinion
by refusing to-day TO grant motion for adj
journment IN honor of Terry, who was the first
Chief Justice of the Court.
Yesterday one of the Justices plainly intmated
to James L. CrittcndOn, who wished to make the
notion that he would prefer to have him delay
his action Instead OF speaking privately with the
Justices and getting their views, Crittendon made
q hardngue to-day and asked the Court to adjourn
out Of respect TO the memory OF the man who
presided in the Supreme Court of this State for so
many years with honor, ability and integrity. Ihe
Chief Justice replied
II regret very much that counsel should have
persisted in making this formal announcement
after the intimation from this court Upon full
consultation. | think it better that it should
not be done. The circumstances of Judge Terrys
death are notorious and under those circumstances
this court has determined that il would be better
to pass this matter in silence, and not TO take
any action upon it, and that is the order Of
the court
Attorney Baggett rose, intending 10 address
the court but the court declined to hear any |
more upon the subject
The funeral of Terry at Stockton was not
marked by the sensational features that were |
expected. Sarah Althea frequently threw her |
self upon the coffin, but her old disposition came |
cut, when she objected placing the grave |
between those of Terrys wife and son. She
wanted his body placed in vault, so that when
finally inferred She could be placed by his !
side. She has alienated all the respect
able persons among Ierrys friends by
demanding Justice Fields arrest, and by her
senseess declarations that Field fired at her dying
husband There is strong probability that a writ
of habeas corpus will be issued tomorrow for the
release Of Naelc on the ground that he acted
under the jurisdiction of the Federal Court. \
lawyer who has large experience IN the Federal
Courts thus sums up the case:
There can be no doubt as to where jurisdiction
lies in this matter. The in brief is this
4 Justice of the United States Supreme Court,
in the course of his official duty, IS called
upon to visit California. lie Is
obliged to travel about the Coast. Grave
threats have been made against him by a man
notorious for his violent passions The threats |
came to the ears OF the United States Attorney |
General who communicated with the marshal Of |
the district and directed him to have the Justice |
guarded. In accordance with that o-der the |
Marshal details his deputy to protect the Justice
and while, acting as guard the, deputy shoots |
and kills the man who attacked /
the Justice The first question to be |
decided is whether the deputy exceeded his duty |
and tho one to determine that matter is without !
qustion the Circuit Court Of this district the |
Supreme Court of the United States. He is
United States officer, and in such case is no |
more subject to the jurisdiction of the authorities
OF Joaquin County, or any other county. than a
soldier would be who killed man in battle.
There can be but one course TO be pursued. |
Nage will undoubtedly be brought 10 this city
for examination before the Ciscuit Court. and |
will. Of course, be promptly discharged"
STRUGGLING FOR LIFE WITH 4 M4DMAN.