Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-08-17
JUDGE TERRY'S DEATH
A WARRANT SERVED ON JUS
TlCE FIELD.
The California Supreme Court Declines
TO Honor tho Memory of Judge
Terry, Its Former Chief
Justice.

| eAN FRANCISCO, Aug. 16.-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 8. Terry at Lathrop last
| Wedne day morning. Application was
made at once for writ OF babeas corpus
and the matter was heard by Judge Saw
yer, OF the United States Circuit Court,
who granted the writ and released JUS
tice Field on $4,000 bail.
| The warrant for Justice Fields arrest
was Is ued by Justice Of the Peace in
Stockton on complaint of Mrs. Sarah
Althea Terry. Shoriif Cunningham, OF
Stockton, arrived here with the warrant
last night, and he applied to Judge Rix,
of the Police Court, this morning, to en-
dorse 1t. Judge Rix took the matter
uader adylsement, and asked the advice
OF District Attorney Page. The latter
expressed the opinion that the warrant
should be endorsed; that 1t was i.-
sued in regnlar form, and that the Judge
should not consider tho individuality
OF the person against whom II was di-
rectet.
Counsel who appeared for Justice
Field urged the Judge to take testimony
TO ascertain if the warrant should have
been Issued. He declared that the is
suance of the warrant was nothing more
than an attempt to humilate Justice of
the Supreme Court. Judge Rix finally
endorsed the warrant, and plas ed It in
the hands of Sheriff Cunningham, who
went at once to the United States Ap.
praiser's building, where Justice FIELDS
hambers are located. Justice Field ar
rived at his chambers about noon, and
with Judges Brewer, of Kansas, and
Judge Sawyer, awaited the arrival OF the
| Sheriff.
Sheriff Cunningham went first to the
Marshal's office. and then accompanied
by Chief of Police Crowley, Capt. Lees
and U. s. Marshal Franks, proceeded to
Justice Fields chambers. Justice Field
rose 10 receive the party. and Sheriff
cunningham presented the warrant and
formally made the arrest. Application
was at once made for writ OF habeas
corpus. Judge Sawyer granted the writ,
and the party retired to the Cl,cuit Court
room.
ihe District Attorney announced that
Sheriff Cunningham had oteycd the writ
of haheas corpus, and produced .ie
prisoner, AID that he now awaited the
urther pleasure OF the Court. Judge
Sawyer set tie case tor hearing next Thurs.
day morning and ordered Justice Fields
release, fixing the bail at S5. 600.
corpus was made tv JustiesS Field him
self, and is very lengthy document.
SAN FRANCISCO, Aug. l6.--Appiica-
tioh was maze by Attorney Crltteldgn TO
the supreme Court to adjourn to-day US "a
mark Of respect TO the memory OF Judge
Terry.
SA'st justice bsatt{ deciineu 70 eatc!-
lam the NOTION AFTER Il enarhlns That
he was gerry the motion bad betn urged.
nc sdued; IL IS very unpleasant affair,
eHt the Court mas iuiiy considered The
, sane, anu Geeins IL Ihe "isn't course tc
treat ne supJeet win sl!eEct. lhe sud
Gen ueat! oi '4tiu . Istty Is notorious
anu Il 10 we de-isloh ot ti.ls court lhat Il
take no leflhef " IN III lho mater
JUpdE TERRY's FUNERAL.
sToCKroE. Cal. Auy. l6.-tfhe funcra'
of payId 8. Terry wa hfld here today.
The body was removed from the norgtlg
ut noon and taken to the E1i=capal
Church, Wllsre II lay In state Tor two
houfs, AMI WAS viewed by great mum