The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-08-17
TFRRY'S TRAGIC DEATH.
r-sr1cE FIELD ARRESTED AT SAN
FRANCISCO.

e.-rver Grants Him Writ of
I7apoes corpus and Fixes Bail at
nEooo-Tbe Petition for the Writ
,s5da bv the Justice in Person
Tarrv's Funeral.
c. FRANCISCO, Aug. 16.-Sheriff Gun
..-rb.m. Of San joaquin County,
- - here last night from Stockton with
a.. rrsrrent sworn out by Sarah Althea
t. for the arrest of Justice Stephen j.
ri.Ij On n charge Of being accessory to the
INC of her husband, Judge Terry. The
INT was serv d upon Justice Field this
of-e-,oon at the latter's chambers. A writ
ofbsteas corpus was at once sworn out be-
f,ro Judgs Sawyer of the circuit court and
was heard by him in chambers.
No TRIBUTE TO TERRY.
,,,fi.a+i7n was made by Attorney Crit
te-5an TO the supreme court to adj urn
80 ms q mark of respect to the memory
Sf T.'3ga Terry. Chief Justice Beatty de-
lined to entertain the motion, after remark
in, that he was sorry the motion had
hen urged He said: ut is very
rrnlea,aut affair. but the court has fully
considered the same and deems it the wlsest
co,lrso to treat the subject in silence. The
sudden death of David 5. Terry is notorious
and il Is tie decision of this court that it
take no further action in the matter"
THE WRIT GRANTED.
Judge Sawyer granted writ and re-
leased Justice Field on $1,000, setting the
csse for hearing next Thursday morning.
The petition for the writ of habeas corpus
Yves made by Justice Field himself, and
sets forth in great detail the facts of the
case already known. It declares that
JUICE Terry, wickedly, maliciouslY
and without prOvocation, attacked
him from behind. The detail of the con-
tempt proceedings are gone into and the
declaration made that Judge Terry and his
wife bad threatened to assault or insult
Mm0u account Of acts done in the discharge
Of his duty as associate justice of the
supreme court.
NEVER GOES ARMED.
The petition then says that Justice Field
has not for years carried any weapons
whatever. and that he in no manner de-
Tended himself when attacked, and shat he
was in no ay responsible for any direc-
tiols given to Deputy Marshal Nagle. 1t
j, charged that Sarah Althea Hill
falsely and maliclOusly swore out
the warrant OF arrest. The petition also
sets forth that Justice Field is now holding
coUr. in this city, and that his arrest and
removal would seriously interfere with and
Interrupt his official duties, such interfer-
ence being contrary to the provisions of the
constitution.
WHAT ATTORNEY GENERAL MILLER SAYS.
INDIANAPOLIS, IND, aug, 16.-Attorney
General Miller was seen yesterday and
asked II he had anything further to say
ABOUT t3e shooting of Judge Terry by
Deputy Nagle. He replied: II see from
the papers tnat the action of the deputy is
pretty generally indorsed. 1t appears to be
considered that Deputy Nagle's pres
ence was necessary, and his act
!astihable. | do not care to speak of the
legal aspects of the case. | do not know
a. y case analogous to II in our history. and
100 not recall that it has ever been neces
}1&lF{ ue ore to provide protection for a
u.Hl5d states judge. If the case comes to
irlal suppose | VIII be called TO testify
@ .ut question whether there will ever be a
tI1al Ihe grand jury may refuse to act
or the coroner's jury may find il a case of
!lSdlaole homicide. / have not examined
Ine leg l side OF the question, however
! IIouShG the protection of officers of
CIe Ia" might be necessary, and [ knew
something So about the desperate character
GaIi a. lhe nan with whom Justice Field had to
Heal' thought of trouble when the trial
began, but Of course l did not look for Il at
d s;o way station or upon train. If the ius-
Inos reos lits life was in d3nger, though, he was as
nlucA entlJed t. the protection of the Off
Vol ~ an eating house as in the court room
or upon The bench.n win
TERRY's FUNERAL.
,s STOCKTON, nCl CAL, Aug 16.-The funeral
Sc body' RaVld ia. Terry was held here to-day. The
uooy noay was removed from the morgue at
noon noon and taken to the Episcopal Church Gnu Ep
vnga. wnere u Jay In state for two hours and was
TsrTy TtSTga ny great number of people. Mrs
ne[Fy occupied pew near the casket and
SSaCched the face Of the dead all the wh;je
b3ersr9l beraaI9 times she left her seat and threw
rod elsel upon tie casket. The servica was
TSo Tgaa o ~ oneof the vestrymen of the church '
Stockton. A U'io cemetery IN
OHEROKEE NEGOTIATIONS