The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-08-21
JUSTICE FIELD UNDER ARREST.
The Warrant. Sworn to by Sarah Althsa,
Charging the Justice With Conspiracy.

The Warrant. Sworn to by Sarah Althea,
Charging the Justice With Conspiracy.
SAN Francisco, Aug. 16.-Justice Stephen
j. Field of the U. S. supreme court was ar
rested here to-day on the charge of being q
party to the killing of David S. Terry al
Lathrop last Wednesday morning. Applica-
ton was made at once for a writ of habeas cor
pus, and the matter was heard by Judge Saw.
yer of the U. S. circuit court, who granted the
writ and released Justice Field on 1000 bail.
The warrant for Justice Fields arrest was
issued by justice of the peace in Stockton on
complaint of Mrs. Sarah Althea Terry. Sheriff
Cunningham OF Stockton arrived here with the
warrant last night, and he applied to Judge
Rix of the police court this morning to indorse
it. Judge Rix took the matter under advise
ment and asked the advice of Dist.-Atty.
Page. The latter expressed the opinion that
the warrant should be indorsed; that it was is
sued in regular form, and the judge should not
consider the individuality of the person
against whom it was directed. Counsel who
appeared for Justice Field urged the judge to
take testimony to ascertain if the warrant
should have been issued. lie declared that the
issuance of the warrant was nothing more than
an attempt to humiliate justice of the SUI
preme court. Judge Rix finally indorsed the
warrant and placed it in the hands of Sheriff
Cunningham, who went at once to the .. s.
appraisers building, where Justice Fields
chambers are located
Justice Field arrived at his chambers about
noon, and, with Judge Brewer of Kansas and
and Judge Sawyer, awaited the arrival of the
sheriff. Sheriff Cunningham went first to the
marshal's Office, and then, accompanied by Chief
D11a1 I IL
Franks, proceeded to Justice Fields chambers.
Justice Field rose to receive the party, and
Sheriff Cunningham presented 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. Dist.-Atty.
Casey announced that Sheriff Cunningham
obeyed the writ of habeas corpus and pro-
duced the prisoner and that he now awaited
the further pleasure of the court. Judge Saw
yer set the case for hearing next Thursday
morning and ordered Justice Fields release,
fixing bail at $1,000.
The petition for the writ of habeas corpus
was made by Justice Field himself, and is a
very lengthy document 1t sets forth in detail
the facts of the case already known, and de-
clares that at the breakfast table at Lathrop
Justice Field was maliciously and wiekedly as
saulted from behind by David S. Terry. which
assault was not provoked by any act, word or
deed of the petitioner.
The details of the contempt proceedings of
September last, when Mrs. Terry caused the
sensational scene in the circuit court room are
then set forth and ii is declared that at the
time OF the commission of the said contempt
by Terry and his wife and their arrest, convic-
tion and sentence therefor, and at various
times since the petitioner is informed and be-
lieves that said Terry and wife have respec-
lively threatened that at the first opportunity
they would insult, assault and kill the petit
TONER for and on account OF acts done in the
discharge Of his duties, devolving upon him as
and said Terry repeatedly and frequently de-
elared and threatened that he would get
even" with petitioner.
The petition next sets forth that at the time of
the shooting, Justice Field was accompanied
by David Nagle, deputy U. S. marshal, who
was acting under instructions from the attor-
nss-eeRerai 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 direc-
tlons given Nagle or any person, and that he
was merely present at this place of shooting
while en- route from Los Angeles to San Fran
cisco in discharge of his duty. He further de-
clares 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 swc-e out the
warrant OF arrest. Justice Field also sets forth
in his petition that he is now holding court in
this city, and that his arrest and removal
would seriously interfere with and interrupt
his official duties, such interference being con-
trary to the provisions of the constitution.
Justice Field further asserts that in the u. S.
court, during the hearing of the Sharon case
issues, 1t was proved and held that the COM
plainant, Sarah Althea Terry, was ian aban-
doned woman, without veracity"