Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-23
MARSHAL NAGLE.
A Disappointed Crowd Of Spectators in
The Federal Court.
DISCUSSION UPON LAW POINTS.
Testimony OF an Eyewitness to the
Tragedy Lately Enacted
at Lathrop.
MARSHAL NAGLE.
DISCUSSION UPON LAW POINTS.
Especial DISPATCHES TO THE REcoRD-uNIoN.l
FIELD AND NAGLE.
The Question of Jurisdiction to be Arug,
Next Tuesday

The Question of Jurisdiction to be Aruged
Next Tuesday.
SAN Francisco, August 22d.-A large
audience assembled in thesUnited States
Circuit Courtroom this morning to hear
the argument in the habeas corpus pro
ceedings of Justice Field and Deputy
United States Marshal Nagle. An hour be-
fore Judges Sawyer and Sabin entered the
capacious Courtroom from the little door
leading into their chambers, the seating
capacity of the place had been exhausted.
large number of members of the bar and
prominent citizens were present, safely
protected within the inclosure reserved for
lawyers and reporters, whose presence tes-
titled to the universal interest which is
taken by the public in the affair between
Judge Terry, Justice Field and Deputy
Marshal Nagle. Among them were ex.
Judge Curry, l. G.. Mesick, T. @. Coogan,
Judge Dudley of Stockton, John c. May
nard, ex-Surveyor General w. H. Brown,
Sheriff Cunningham of San Joaquin, VIM.
Craig, Judge Budd of Stockton, Judge
Arick of San Bernardino, District Attorney
White and Assistant District Attorney
Gibson of Stockton, ex-senator CIV. Cross.
Judge Porter of Arizona, ex-Congressman
Henley, @. II. Bristol, ex-Superior Judge
OF Connecticut, Joseph Naphthaly, w. +.
Herrin, Samuel NJ. Wilson, ex-Judge Ma
guire, Judge Davis Louderback, Russell
Wilson, A. P. Van Duzer, Colonel John S.
Mosby, Charles L. Ackerman, ex-Judge
Selden S. Wright, Attorney General john
son, ex.Supervisor w. II. Bodfish and
many others.
Justice Field preceded judges Sabin and
Sawyer in Court. He was accompanied by
George c. Gorham, and took seat in the
jury-box.
THE PROCEEDINGS.
When Judges Sabin and SAWYER had
taken their seats on the bench, the Crier OF
the Court opened proceedings and the ha-
beas corpus cases were called.
Ex Judge Mcguire introduced District
Attorney White, of Stockton, to the Court,
who was sworn in by the Clerk. Judge
Mcguire was supported by w. E. Tuner, of
Modesto, and Davis Louderback.
District Attorney Carey, S. NJ. Wilson,
w. F. Herrin, Charles L. Ackerman and
Judge Mesick appeared for the petitioners.
Judge Mcguire at once raised questions
of law relative to the sufficiency of the
writs upon which Nagle was brought from
Stockton and Justice Field prevented from
going there. He asked that the case OF
Nagle be considered first, as he pro-
posed to demur to the traverse to the re-
turn and object to the proceedings.
District Attorney Carey said all the law
points involved could be raised on the OBJ
jections to the traverse, but not on demur-
rer. The statute provides that the Court
may hear the facts in defending the suffi.
cheney of the writs in these cases, and as
he and his associates were not prepared to
go on with the testimony at present he
would ask that the hearing be set down for
next Tuesday.
Judge Mcguire objected to such a long
postponement. He did not think the Court
could take testimony to ascertain the suffi-
cheney OF the writs. Every fact relating to
the jurisdiction of the Court must be set
forth in the traverse to the return.
THE TRAVERSE READ.
District Attorney Carey then read the
traverse Of Justice Field. 1t stated that he
(Field) was in no way responsible for the
death of Judge Terry, had not in ANYWAY
lnterfered with him nor threatened to do
him bodily injury, not having carried a
weapon of any kind for over thirty years.
The warrant of arrest was issued by Justice
of the Peace Swain of Stockton, upon the
oath of Sarah Althea Terry, who did not
witness the killing of Terry, and who is,
moreover, a woman of abandoned character
and utterly unworthy belief respecting any
matter whatever; this said warrant was is
sued in execution of a conspiracy between
Sarah Althea Terry, Justice of the Peace
Swain, District Attorney White and one E.
L. Colnon of Stockton, TO prevent by force
petitioner from trausacting his business as
Justice OF the United States Supreme Court,
to lnJure him in person and subject him
to lndignities and humility, and to take
him where they may compass his death.
1t is further alleged that this conspiracy is
an abuse OF the process of the State Courts,
In violation of the United States laws, and
the discharge of the petitioner is essential
to the defeat of the conspiracy. 1t is further
alleged that the accusation of crime con-
talned in the warrant of arrest is malici-
GUS ialshood for which there is not even a
pretext; that he (Field) had nothing what
ever to do with the death of Judge Terry,
all OF which he can establish by competent
proof.
THE QUESTION OF sUFFICIENCY,
long discussion then took place be-
tween Mr.. Turner and Mr.. Carey regarding
the suticiency OF the traverse, and whether
the Court could take testimony and ascer.
tain the facts. Mr.. Turner contended that
no testimony could be taken, while the
District Attorney took the opposite view.
Judge Mcguire held that the traverse must
state facts sufficient in themselves to entitle
Justice Field to be discharged. If the
Court found demurrer that the traverse
was sufficient, then sworn denial of the
allegations OF the traverse could be filed
and testimony taken. He was prepared to
demur to the traverse of both Justice Field
and Nagle, and to argue them on Monday
or Tuesday next.
Judge Messick did net think there was
any material difference between counsel.
1t seemed that testimony would have ulti-
metely to be taken anyhow.
Mr.. Wilson outlined the practice in ha-
beas corpus returns as laid down in ex. parte
Thompson. Upon the return being made
1t dies, and the points against the writ may
be raised by traverse. OF course the trav-
erse can be questioned, but not by formal
demurrer, although the proceeding is
equivalent to that. He thought the Court
had right 10 know the truth, which could
only be determined by taking testimony,
and all points OF law should OF course be
settled before taking testimony.
Judge Sawyer remarked that the differ
ence between counsel appeared TO be that
one side claims that the allegations of the
traverse in Fields case shall be established
by evidence, while the other side claims
the traverse shall be argued in advance.
District Attorney Carey consulted with
his associates a moment, with the result
that Judge Mesick arose and said he would
agree that counsel should argue the trav.
erse before taking testimony.
JUSTICE FIELDS CASE SETTLED.
This settled Justice Fields case. Judge
Mcguire then said he understood the Dis.
trict Attorney intended TO pursue differ
ent course in the case of Nagle, and he
asked as to bis intentions.
Mr.. Carey said he desired Justice Fields
case taken up first, and after it was dis
posed of he would prepare himselffor argu-
ing the Nagle case. The points involved
in the two cases were different, and he
suggested that in order not to involve a
repetition of the long arguments in the
Field case, the Naele case be heard all at
one time. That is, the Court shall hear the
law and facts at one time.