Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-08-22


Ger, Attorney General Miller, and depu- |
tiled Mr.. Maggie to keep within reach OF |
Justice Field, ready TO carry out the |
orders Of the department Of justice.
AUTHORIZED BY MILLER.
Touching the order to the Marshal
Attorney General Miller, in an interview
at Indianapolis yesterday, is thus quoted
at was given out under my direction.
In June, l think 1t was, Justice Field
and, 1 believe, some others brought to
my mind the case, referring to the
trouble there had been out there last
summer, and saying that there would
likely be trouble again this summer.
There was danger that Judge Terry, who
was stated to be violent and desperate
man, would very likely make deadly as
sault upon Judge Field and Judge
Sawyer, one or both Of them, and that
some precautions ought to be taken in
the premises. therefore called the at
tention OF the marshal of that district to
these statements, and told him that it
was due to the country and the courts
that precautions should be taken to keep
the peace and protect the courts and
judges in the discharge of their duties,
and that such number Of court officers
should be employed AZ would accomplish
this result that the judges ought to be
permitted to discharge their duties with
ont danger and without malice. also
instructed him to consult the United
States attorney and judges IS to the
course to be pursued in the premises"
sAGLE's RECORD.
In personal appearance Deputy Maggie is
somewhat above medium height, of slight
build, sinewy mould, quioA, nervous as
q cat, with long, sharp features, promi-
nent nose, and small, light brown nous.
tache.
He WAS born and raised in San Fran
cisco. Going to Arizona in 1878, hs en-
gagged in taxing contracts for sinking
mining shafts, He was OF q quiet, IN
assuming disposition, bat despsradoes
whom he came in contact with in mining
centres soon learned that he WAS q man
who knew his rights aud would not allow
any one to trample on him. lie fnally
went to Tombstone, opened saloon and
was soon doing a lourishing business.
In q short time he became great favor
lite with the law-abiding citizens OF that
booming town, and in 1851 he received
an appointment as Chief OF Police. While
occupying that trying position he had
frequent encounters with the criminal
element, and by his bold and fearless
behavior soon earned for himself the
reputation OF being man Of undisputed
courage.
TERRE HAurE, IND Aug. Ex-senator
D. w. Voorhees, heartily sustaina Attor.
ney-general Miller in what he did to
protect Justice Field. "It has been well
known for some time past" he said,
"that Justice Fields life would be in
imminent peril whenever his duties called
him again to California. He was DELHI.
erately and openly threatened with death
or extreme humiliation by one of the most
desuerRte and dangerous men ever known
on the Pacific coast. His committsl
of Judge Terry for contempt OF conrt
Was not only imperatiyely demanded in
defence OF his own court, but also in de-
fence Of every other conrt in the United
States against lawless outrage. In my
opinion it ives eminently proper that the
attorney general should SEQ to it that nC
harm should come to him while on hit
Judicial circuit"
WHAT ATTORNEY. GENERAL MILLER SAYS.
INDIANAPOLIS, INp., Aug. l6. Attorney
general Miller was seen yesterday anC
asked IL he had anything further to cay
sbout the shooting OF Judge Terry b,
Deputy Marshal Maggie. He replied:
81 see from the papers that the actor
, II the deputy is pretty generally en-
dorsed. 1t appears to be considered tina
Nagls's presence was necessary and hi
, action justiiable. l do not care to spea
of the legal aspects of the case. 1 d
! not know any case analogous to it in GU
. history and do not recall that it has eve
been necessary before to provide proteC
zion for United States judge.
s'It the case comes to trial auppose
will be called to testify, but l questio
: whether there will ever he trial tn
: grand Jury may refrse to act or the col
orner's jury may fnd it case of justiili
, BILE homicide. have not examined ii
legal side of the question, however.
\ thought the protection OF tie Officer
u OF the law might be nece
! sary and l know something abat
!, the desperate character of Ii
i man with whom Justice Fisld had I
s. deal. | Thought OF trouble when th
trial began, but OF course did not loo
~ for II at way station or upon the trail
70 If the Justices life was 10 danger thougl
he was az much entitled 70 the proteotio
y, y, of the officer at an eating house as in
= courtroom or upoa Dench.n
IN SAN FRAYcIsco, Aug. I6,-Justice stephe
IL ]. Field, Of the GATED States Snpten
., Court, was arrested here to-day on Il
~ charge Of being q party to the killing
- David 3. Terry at La Lrop last Wsdnesdi
~ morning, Application WAS made At on
~ Tor a writ of h'tbeas corpus and the matt
WIS heard by Judge sawyer, of the Caltt
W fftt,u nj
m and released Justice Field on e, 900 bail.
ve Tho warrant for Justice Fields ARE
~ was iasued by Il Justice OF the peace
Stockton on complaint OF Mrs Sarah Alth
20 Terry. Sheriff Cunningham OF StOcRto
N arrived here with the warrant last mig
/ and lie applied 70 Judge R'x of the poll
ry court, this morning TO lndorse II. Jud
lc. ltix cook the matter under advisement a
aakei tue advice OF District Attorney Pas
Ihe latter expressed the opinion that I
warrant =hpnli be ialo.seji that It was
sued IL regular form and that the jud
r.. should not consider the individually
IT- the person against whom 1t wa directed
Coul 81 VITO appeared for Justice ri,
:. urged the judge to take testimony to
=. certain II the warrant should have be
OF issued, He declared that the issuance
OF the variant was nothing more than an
IN temp. 10 humtliAts n Justice OF the
SEQ preInH Court. Judge Xix finally indor.
he tho warrant and placed II In the hands
an. sheriff Cunningham, who went at once
,,al thu Quilted States Appraisers Buildt
~ where Justice Fields chambers are !ocat
"a the WARRANT sERyED,
w Justice Field arrived AZ bis chamb
'Io about noon, and with Judge Brewer
,dy rival 81 Tie sheriff. ShesiT Cnnpinrh
las went fE5t 10 the Clarshafs office aud To
accompanied by Chief OF Police Crowl
in Captain Lees and United States Mara