Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-17


Sawyer took seats on the bench. Justice
Field took seat in the jury.box. On one
side of him sat Russell Wilson, on the other
W. Frank Goad.
Sheriff Cunningham, United States Mar
shall Franks, and District Attorney Carey
sat together fronting the Court, and Mr..
Carey announced the object of their pres
ence.
A formal return was then made TO the
writ. Attorney Carey asked that prompt
hearing be had, and that meanwhile the
petitioner be turned over to the United
States Marshal end released on his own re-
cognizance.
Sheriff Cunningham said he had no OBJ
lection, and it wss accordingly ordered
that Justice Field be released on his own
recognizance, and that the matter be set
down for hearing on Thursday next.
JUSTICE FIELDS PETITION.
The petition for the writ was made By
Justice Field himself. It fills over dozen
type written pages, sets forth in detail the
facts OF the case as already known, leading
up to the time when at the breakfast table
at Lathrop he was 'maliciously and wick
edly assaulted from behind without any
forewarpipg, by said David S. Terry,
which said assault was not provoked by
anv act, word or deed done or said by your
petitioner, and that said assault was made
under the following antecedent statement
of facts"
The details of the contempt proceedings
of September last, when Mrs. Terry caused
a scene in Court, are then set forth 1t is
said that at the time of the commission OF
''the said contempt by Terry and his wife,
ard their arrests, convictions and sentences
therefor, and at divers sundry times and
places since, your petitioner is informed
and believes, and upon such information
and belief alleges that the said Terry and
wife have respectively threatened that at
the first opportunity they would insult. as
sault and kill your petitioner for and on
account of the acts done in the discharge of
the duties devOlving upon your petitioner
as Associate Justice of the United States
Supreme Court and said Terry repeatedly
and frequently declared ne would get even
with your petitioner"
After the breakfast. table scene is de-
scribed and it is set forth that petitioner
was accompanied By Nagle, who, it is said,
was detailed to accompany him under in
strUctions from Attorney General Miller
and Marshal Franks, the affidavit and peti-
ton continues That your petitioner in
no way or manner defended or protected
himself, or gave utterance TO any directions
to said David Nagle, Deputy United States
Marshal aforesaid, or To any other person,
and was merely present at the place afore-
said, going from the city OF Los Angeles to
the city of San Francisco in the discharge
of his official duties as Associate Justice of
the United States Supreme Court, to hold
Court at the city of San Francisco, Ninth
Circuit, in and for the Northern District of
California; and your petitioner was not
then, nor has he been at any time for many
years, armed with any weapon whatever
nor has he used any weapon whatever
" That under the circumstances detailed,
the said Sarah Althea Terry, as your petit
toner is informed and believes, and upon
such information and belief alleges, falsely
and maliciously swore out the warrant for
arrest
The warrant of arrest charging Justice
Field with murder jointly with Nagle is
attached 10 the petition. 1t is set forth
further in The petition, after the warrant
attached is referred TO, that petitioner is
holding Court and arrest and removal
would seriously interfere with and inter-
rupt his official duties such interference
being contrary to the provisions OF the Con-
stitution. 1t is asserted that in the Circuit
Court, during the trial of the Sharon case
issues, that it was proven and held that the
complainant, Sarah Althea Terry, was IAN
abandoned woman without yeracity." It
plant are incapable of proof, and il is re-
marked further that this would have been
realized by the District Attorney of San
Joaquin and the Justice of the Peace issu.
ing the warrant had they ascertained the
truth of the affair.
THE CASE OF NAeLE.
United States Marshal Franks has been
busy, with other friends OF Nagle, endeavor-
ing to secure the release Of the latter on
bail. Mr. Franks gives no credence to the
reports circulated by some industrious
newspaper correspondents at Stockton con-
cerning possible attack on the San Joa-
quin County Jail, where Nagle is confined.
Mr.. Franks feels that Naele did only his
duty, and is entitled to his liberty pending
both mis- examination apd trial.
1t was anticipated that some member of
the Bar, friendly to deceased, would to-day
suggest, by formal motion, the adjourn
ment OF the United States Courts in respect
TO the dead lawyers memory, but the ex-
pected action was not taken. 1t is under
stood that the gentlemen who were to
make the proposed motions were prevented
from doing so by the advice of influential
members of the local bar.
THE SUPREME COURT REFUSES TO ADJOURN.
Long before 10 O'Clock this morning the
rooms of the Supreme Court of California
We're crowded with lawyers and politicians,
the news having been circulated that
motion would be made to adjourn the
Court out of respect TO the memory of the
late Judge Terry. Shortly after the clock
had struck the hour Attorney Crittenden,
clad in funeral black even to his necktie,
entered the room, and for few minutes
stood conversing with his intimate friends
At 1910 the doors of the chambers opened
and the seven Justices of the Supreme
Court of California filed in and took their
seats. Attorney CrittendeD, who remained
standing after the others in the Court room
had resumed their seats, then addressed
the Court as follows:
'As a warm personal friend of Judge
Terry, would be cold indeed if l did not
present to this Court the motion / intend
to make this morning. For the past thirty
years Judge Terry has been friend to me
and my family, and have been friend of
his. For many years Judge Terry was a
Justice OF this Court and for portion of
the time presided over it. l, therefore,
move that, out of respect to his memory,
this Court adjourn on the day of his funeral
to day. | ask nothing more than is Gus
tomary in the premises
During Mr.. Crittenden's address the
justices set back in their chairs, and as
soon as he had finished Chief Justice
Beatty leaned forward and said:
Mr.. Crittenden, am sorry, after the in
timation which you received Yesterday,
that you have pressed this motion. While
it is true that Judge Terry was once Pre-
siding Justice of this Court, still. owing to
the circumstances under which he met his
death, this Court deems it best to pass the
matter in silence"
Two of the Justices after the remarks of
Justice Beatty, in which they all concurred,
left their seats, and Mr.. Crittenden, at.
tended by one or two friends left the Court
room.
THE FUNERAL.
] Scenes at the Morgue, in the Church.
.n1 ~ sha ro,o.far,s