The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-08-16
It Was Issued BY Justice Of the Peace al
Stockton on the Affidavit of Sarah Althea,
the Prime Cause Of the Whole Trouble.
Justice Field Quietly Pursuing His Of.
fetal Duties on the Circuit Bench.
Nagle's Preliminary Hearing-Sarah Althea's
Career-0piniOn of Senator Voorhees, on
the CaSe-AnOther Victim Of Terry.
JUSTICE FIELD TO BE ARRESTED.
Sarah Althea Swears Out a Warrant, Whi
Will Be Served To-Day.

Sarah Althea Swears Out a Warrant, Which
Will BE Served To-Day.
SAN Francisco, Aug 15.-The killing Of
David S. Terry. yesterday, by Deputy Mar
shal Nagle, is still the chief topic of discus
sion here, though no developments have
arisen beyond what was outlined in these
dispatches yesterday. Justice Field re-
sumed his judicial duties to-day, and sat in
the Circuit Court with Judge Sawyer and
Judge ID. J. Brewer, of Kansas. He re-
ferred freely, in conversation with attor-
neys and his associates, to the exciting in
cidents of yesterdays tragedy. He is still
constantly under the protection of deputy
marshal, as is also Judge Sawyer.
The preliminary hearing of Deputy Mar
shall Nagle will come up before justice of
the peace at Stockton Wednesday next.
A strong effort Will be made after the ex-
animation to secure bail. If il is refused
the matter will be appealed. United States
Marshal Franks has secured from Nagle the
details of the affair. Nagle says he is conf
dent that Terry drew back his hand after
striking Justice Field for the purpose of
pulling from his coat knife he was pre-
sumed to have carried, as he once made af-
the theory of those about the United States
marshaPs Office that Mrs Terry, when she
threw herself on her husbands body, took
the weapon from him. for when the body
was searched no weapon was found. Mar
shall Franks will go to Stockton TO attend
the examination of Nagle.
The warrant upon which the arrest of
Justice Field is expected to be made was
issued by justice of the peace II. V. j.
Swain. of Stockton. and is addressed TO the
sheriff of the county in the following words:
"InfOrmation, on oath, having been this day
laid before me by Sarah A. Terry that the
crime of murder, a felony, has been com
mitted within said county of San Joaquin,
on the 14th day of August, 1889. in this that
one David 5. Terry, a human being, then
and there was wilfully, unlawfully, felon-
iously and with malice aforethought shot.
killed and murdered, and accused stephen
Field and David Nagle therefore. You are
commanded forthwith to arrest the above
named Stephen j. Field. and David Nagle
and bring them before me at my Office in
the city of Stockton"
The sheriff cannot arrive in this city IN
til late tonight, and ii is thought probable
he will not attempt to serve the warrant
until tomorrow. No course has been out
lined by the friends of Justice Field as to
the action he will take under the circum-
stances. beyond the statement made by the
attorneys for Nagle, IN Stockton, to-day,
that Justice Field would appear at any
time, if desired. The warrant for the ar
rest of Justice Field was issued solely upon
the complaint of Mrs. Terry. who did not
witness the shooting so far as the evidence
given before the coroner's jury showed. Ina
fact, no evidence whatever was given con-
Meeting the Justice with the tragedy i'm any
way, beyond the fact that he was assaulted
by Terry. For this reason the attorney
who appeared for the State in the absence
fh.aT al rStr t0f Cnh In
warrant, and it was issued on Mrs. Terry's
complaint in consequence.