St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-08-17
FIELD IS INUNDATED.
He Is Arrested, Charged With
Completely in the Terry
Murder.
Habeas Corpus Proceedings
Result in His Being Set at
Liberty.
A Lengthy Petition Charging
Mrs. Terry With Being an
Abandoned Woman.
Sensational Episodes at the
Funeral of Judge Terry
in Stockton.

SAN FRANCISCO, Aug. lo.-JuStlce
Stephen j. Field, of the United States
supreme court, was arrested here to-day
on the charge of being party to the
killing of David S. Terry at Lathrop
last Wednesday morning. Application
was made at once for writ OF habeaS
corpus, and the matter was heard by
Judge Sawyer, of the United States cir
cult court, who granted the writ and re-
leased Justice Field on $1,000 bail. The
warrant for Justice Fields address was
issued by justice of the peace in Stock
ton on complaint of Mrs. Sarah Althea
Terry. Sheriff Cunningham, of Stock
ton, arrived here with the warrant
last night, and he applied to Judge
Rix, of the police court, this morn
ing to indorse it. Judge RiX took
the matter under advisement and asked
the advice of District Attorney Page.
The latter expressed the opinion that
the warrant should be mdorsed; that
it was issued in regular form and the
Judge should not consider the individu-
ality of the person against whom it was
directed. Counsel who appeared for
Justice Field urged the Judge to take
tes timOny to ascertain if the warrant
should have been issued. He declared
that the issuance of warrant was
nothing more than
AN ATTEMPT TO HUMILIATE
justice of the supreme court. Judge
Rix finally indorsed the warrant and
placed 1t in the hands of Sheriff Cum
ningham, who went at once to the
United States appraisers building,
where Justice Fields chambers are
located. Justice Field arrived at
his chambers about noon, and,
with Judge Brewer. of Kansas, and
Judge Sawyer awaited the arrival of the
sheriff. Sheriff Cunningham went first to
the marshal's Office, and then, accom-
panied by Chief of Police Crowley,
Capt. Lees and United States Marshal
Franks, proceeded to Justice Fields
chambers. Justice Field rose to receive
the party, and Sheriff Cunningham pre-
sented the warrant and formally made
the arrest. Application was made at
once for writ of habeas Corpus. Judge
Sawyer granted the writ, and the party
retired to the circuit court room. Dis
trict Attorney Carey announced that
Sheriff Cunningham had obeyed the
writ of habeas corpus, he produced the
prisoner, and that he now awaited
the further pleasure of the court.
Judge Sawyer set the case
for hearing next Thursday morning
and ordered Justice Fields release, fix
ing the bail at $1,000. The petition for
the writ of habeas corpus was made by
Justice Field himself, and is very
lengthy document. 1t sets forth in de-
tail the facts of the case already known,
and declares that at the breakfast table
at Lathrop, Judge Field was naliciously
and wickedIy assaulted from behind by
David s. Terry, which assault was not
provoked by any act, word or deed of
the petitioner. The details of the con-
tempt proceeding of September last,
when Mrs. Terry caused
THE SENSATIONAL SCENE
in the circuit court room, are then set
forth, and it is declared that at the time
of the commission of said contempt by
Terry and his wife, and their arrest.
conviction and sentence therefor, and
at divers times and places since, the
petitioner is informed and believes that
said Terry and wife have respectively
threatened that at the first opportunity
they would insult, assault and kill the
petitioner for and on account of acts
done in the discharge of his duties de-
volving upon him as associate justice of
the United States supreme court, and
said Terry repeatedly and frequently
declared and threatened that he would
'get even' with petitioner. The petition
next sets forth that at the time of the
shooting, Justice Field was accompa-
MED by David Nagle, deputy United
States marshal, who was acting under
instructions from the attorney general
of the United States and Marshal
Franks. The petitioner declares that
he in no way or manner defended or
protected himself, and was 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 en- route from Los An
geleS to San Francisco in discharge of
his official duties. He further declares
that he 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. Petitioner further alleges
that Sarah Althea Terry falsely and
maliciously swore out the warrant of
arrest. Justice Field also sets forth in
his position that he is now holding
court in this city, and his arrest and re-
moval would seriously interfere with
and interrupt his official duties, such in
reference being contrary to the prOvis-
ions of the constitution. Justice Field
further asserts that in the United States
circuit court, during the hearing of the
Sharon case issues, it was proved and
held that the complainant. Sarah Althea
Terry, was IAN abandoned woman with
out veracity."
TTNnEp TuEr CON