Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-08-17
TERRY TRAGEDY. /.
Justice PieB Arrested ioe Com.
plieity in it,
Ind Put Uldef 5000 Bends Questions
About The Hiffilt
Funeral Of Judge Terry and the Wild
ow's DemsanoE-cooEt wouldn't Ad-
touyn.
iou1u.

| SAN FRAScIsco, Aug. l6.
The Terry tragedy continues to dwarf al
other news in popular mind throughout Cal.
| ifosnia. Public interest 10 increased by ths
action Of the district attorney of San joaquin
county, issuins . warrant for the arrest Of
Justice Field ON complaint Of Sarah Althes
| Terry, and the legal conflict that threatens
| to grow out Of this demand. The warrant
directs Sheriff cunningham Of san Joaquin
| county to take Justice Field to Stockton, the
former home OF Judge Terry, in which city
Deputy Nagle 10 under arrest. The sheriff
arrived here last night and 10 expected to
make the arrest this afternoon, it first being
necessary to have the writ approved by the
Judge of San Francisco county.
The matter Vas called to the attention of
Judge Rix this forenoon, who declined to
endorse i. without having an opportunity to
consider the facts. In the event that he ap-
proves Of the warrant, it is understood ss
coon ~ the arrest 10 formally made writ
Of habees corpus will be issued out Of the
United States Circuit Court. This course is
seeded upon by the counsel Of Justice Field
to determine at once the authority Of the
federal court and its officers. II 10 known
that an action will be taken seeking for an
order from the United States Court upon
Sheriff Cunningham to At once deliver
Deputy Marshal Nsgle into the custody OF
the United States marshal, and. if obeyed,
the deputy will be brought to this city.
Didn't Recognise Their Former Chief.
The supreme court Of the State of Cali
fornia Of which the late David s. Terry Was
formerly chief jusll1e. this morning refused
to adjourn ost Of rel ect to Terry's memory,
This decision was announced from the bench.
The reasons given were that Terry resigned
his official position VI fight duel and was
killed ~hile in the act Of assaulting the JUS
tice of the United States supreme court.
Habeas Corpus at Heels Of Arrest.
warrant Of arrest vas served upon JUS
tice Field at one o'clock this afternoon, at
the latte.s chambers in the Appraisers
once sworn out before Judge Sawyer of the
Circuit Court, and was heard by hm in the
chambers.
Judge Sawyer granted = writ Of habeas
corpus and released Justice Field on $1,000
bail. Sheriff Cunningham applied to Judge
Rix at the police court this morning to
endorse the warrant for the arrest of Field.
Xix asked the advice Of District Attorney
Page, who expressed his opinion that the
warrant should be endorsed. As it was issued
in regular form, and that the jsise should
not consider the individuality Of the person
against whom it was directed.
The counsel who appeared for Justice
Fields urged the judge to take testimony and
and ascertain if the warra IT should have been
issued. He declared the issuance of the
warrant nothing more than an attempt to
humiliate the Justice of the supreme court
Judge Rix finally endorsed the warrant and
placed il under the hands of Sheriff Gun
ningham. Justice Field arrived at his
about nool, with Judge Brewer
of Kansas and Judge Sawyer awaited the ar
rival of the sheriff. Cunningham, accom-
panied by Chief of Police Crowley Capt.
Lees and United States Marshal Franks, pro-
ceeded to Fields chambers. Field arose to
receive the party. Cunningham presented
the warrant and formally made the arrest.