Omaha daily bee., 1889-08-17
JUSTICE FIELD ARRESTED.
He Is Immediately Released on
$4,000 Ball..
THE BURIAL OF JUDGE TERRY.
Curious Crowds Gather TO Take a
Look at the Ex-Terror-His Wife
Repeatedly Throws Herself
on the Coffin.
Sarah Aithea,s Blind Hatred.

SAN FRANCISCO, August 16.-justice- Ste
phen ]. Field, of the United States supreme
court, was arrested to-day on the charge OF
being party to the killing of David Terry
at Lathrop. Application was made at once
for writ Of habeas corpus, and the matter
was heard by Justice 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 Oh com
plant of Mrs. Sarah Althea Terry. Sheriff
Cunningham, Of Stockton, arrived here with
warrant last night, aud he applied TO Judge
Rix, Of the police court, this morning to in
dorse IL. Judge Rix took the mat
ter 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. The counsel who appeared for
Jusuice Field urged the Judge to take testi-
mony to ascertain If the warrant should have
been issued He declared that the issuance
of the warrant was nothing more than an at
tempt to humiliate justice of the supreme
court. Judge Rix finally indorsed the war
rant and placed 1t in the hands OF Sheriff
Cunningham, who went ut once to the United
States appraisers building, where Justice
Fields chambers are located. Justice Field
arrived at his chamber about noon, and, with
Judge Brewer, of Kansas, and Judge Sawyer,
awaited the arrival of the sheriff. Sheriff
Cunningham went first to the marshals Office
and then, accompanied by Chief Of Police
Crowley, Captain Lees and United States
Marshal Franks, proceeded to Justice Fields
chambers. Justice Field arose to meet the
party and Sheriff Cunningham presented the
warrant and formally made the arrest APP
plication was made at once for q writ Of ha-
beas CORPUS. Judge Sawyer granted the
writ and retired to the circuit court room
and took his seat in the jury box.
District Attorney Carey announced that
Sheriff Cunningham had obeyed the writ Of
habeas corpus and produced the prisoner and
that he now awaited the further pleasure of
the court. Judge Sawyer set the case for q
hearing next Thursday morning and ordered
Justice Field released. The petition for the
writ of habeas corpus was made by Justice
Field himself, and it is very lengthy docu-
ment. 1t sets forth IN detail the facts al
ready known and declares that at the break
fast table at Lathrop Justice Field was ma
liciously and wickedly assaulted from behind,
without any forewarning, by David s. Terry,
which assault was not proved by any act,
word or deed of the petitioner. The details
of the contempt proceedings of September
last, when Mrs. Terry caused sensational
scene in the court, are then set FORTH and it
is declared that at the time of the commits
sion of said contempt by Terry and his wife,
and their arrest, conviction and sentence
therefor, and at diverse times ana places
since the petitioner is informed and believes
that the said Terry and wife
have respectively threatened at
the first opportunity that they would
insult, assault and kill the petitioner for and
on account of the acts done in the discharge
of his duties devolving upon him as an asso-
ciate justice of the United States supreme
court, and said Terry repeatedly and fire.
quently declared and threatened that ne
would "get even' with the petitioner. The
petition next sets forth that at the time Of
the shooting Justice Field was accompanied
by David Nagle, deputy United States
marshal, who was acting under instructions
from the attorney general of the United
titioner declares that he in no way or
manner defended himself, or protected him
self. and was in no way responsible for any
directions given Nagle or any other person !;
that he was merely present at the place Of
shooting. while en- route from Los Angeles
to San Francisco, in the 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. The petitioner further alleges
that Sarah Althea Terry bas falsely
and maliciously sworn out this warrant
for his arrest. Justice Field sets forth in
his petition that he is now holding court in
this city and his arrest and removal would
seriously interfere with his official duties,
such interference being contrary TO the pro-
visions of the constitution. Justice Field
further asserts that in the United States cir
cult court during the hearing of the Sharon
case issues it was proved and held that the
complainant, Sarah Althea Terry, was an
abandoned woman without veracity."