The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-08-17
He Is Immediately Released by Judge
Sawyer on a Writ of Habeas Corpus.
His Petition Declares That lie Had Nothing to
DO with the Killing of Judge Terry More
Than to Be Inyoluntarily Present.
Sarah Althea Mentioned as IAN Aban-
dOned Woman Without Veracity."
California Supreme Court Declines toAdjourn
on Account of Terry's Death-Funeral of
the Dead Fire Eater at Stockton.

-
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 Circuit Court. who granted the writ
and released Justice Field on $1,000 bail.
The warrant for Justice Fields arrest was
issued by justice of the peace in Stockton
on complaint of Mrs. Sarah Althea Hill
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 ii. 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 indorsed; that
1T was issued 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 ascer-
tain If the warrant should have been
issued. He declared that the issuance of
the warrant was nothing more than an at
tempt to humiliate a Justice of the
Supreme Court. Judge Rix finally
lndorsed the warront. and placed it in
went at once to the United States APP
praiser's building. where Justice Fields
chambers are located. Justice Field ar
rived at his chambers about noon, and,
with Judge Brewer, of Kansas, and Judge
Sheriff Cunningham went first to the mar
shaPs office, and then, accompanied by
Chief of Police Crowley, Captain Lees
and United States Marshal Franks. pro-
ceeded to Justice Fields chambers Justice
Field arose to receive the party, and Sheriff
Cunningham presented the warrant, and
formally made the arrest. Application was
made at once for a writ of habeas corpus.
Judge Sawyer granted the writ, and the
party retired to the Circuit Court room.
Sheriff Cunningham obeyed the writ of
habeas corpus and produced the prisoner,
and that he now awaited the further pleas
ure of the court. Judge Sawyer set the
case for hearing next Thursday morning,
and ordered Justice Fields release, fixing
bail at 5000.
The petition for the writ of habeas corpus
was made by Justice Field himself, and is
a very lengthy document. 1t sets forth in
and declares that at the breakfast table at
Lathrop Justice Field was ma
liciously and wickedly 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 contempt proceedings 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 the
said contempt by Terry and his wife. and
their arrest, conviction and sentence there
for, and at various times since, the petit
tloner is informed and believes. that said
Terry and wife have respectively threat
ened that. at the first opportunity they
the petitioner for and % on - ac-
count of acts done in the
discharge of his duties devolving 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 ac-
companied by David Nagle, deputy
United States marshal, who was acting
under instructions from the Attorney gen
eral 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 person,
and that he was merely present at this
place of shooting while en- route from Los
Angeles to San Francisco in the discharge
of his duty. He further declares that he
for many years. armed with any weapon
whatever, nor has he used any weapon
whatever.
The petitioner further alleges that Sarah
Althea Terry falsely and maliciously swore
ont 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 inter-
fere with and interrupt his official duties,
such interference being contrary to the pro-
xylc of fhA V,-
further asserts that in the United States
Court. during the hearing of the Sharon
case issues, 1t was proved and held that the
complainant, Sarah Althea Terry, was IAN
abandoned woman without veracity."
Opinion of Ex-solicifor jerks.
PITTsBURG, Aug. 16.-Concerning the
tragic ending of Judge Terry, ex-Solicitor-
general George A. jerks. who is now in this
city, said: II expected something of the
kind would happen. We heard of the
threats last winter that Terry had made
against the life of Justice Field, and the
other judges and the Attorney general were
worried about it. We knew what kind of
man Judge Terry was. lie came to Cali
fornia from Texas, with a bad reputation
and malignant disposition. He was known
to be q man who never forgave any one,
and naturally his fellow-justices have been
VI tnC Sstlcty OI Justice
since he sent Terry to Jail for contempt of
court. But Justice Field is courageous
man, and at no timc did he express any
fears. heard him say last winter that he
would attend to his duties in California as
he had always done. He would 90 eyery
place where he had work to do. and he
would not go out of his way to avoid Terry
think the Justice would have defended
himself, too, If 1T had been necessary. He
Is not one of those who would stand idly
by when his life was in jeopardy
Had the Attorney general a right to
We'll, would rather not answer that
question. The Attorney general is at the
head of the Department of Justice, and all
the machinery of the courts is under his
control. He is bound To preserve peace
and order in the court-rooms. 1t would
certainly be most atrocious crime if a
Judge should be murdered off the bench for
any official act"
Terry's Funeral.
STOCKTON, CAL, Aug 16-The funeral of
David S. Terry was held here to-day. The
body was removed from the morgue at
noon and taken to the Episcopal Church.
where il lay in state for two hours and
was viewed by a great number of people.
Mrs. Terry occupied pew near the casket,
and watched the face of the dead all the
while. Several times she left her seat and
threw herself upon the casket. The serv-
ice was read by one of the vcstrymen of
the church. The body was inferred in the
cemetery in Stockton.
poF..