River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1889-08-22
The WARRANT SERVED

Justice Field Arrested on Charge of Conn
plicity In Terry's Murder--He Is Quickly
Released on Bail of s5 5000, Pending the
Hearing of Motion for a Writ OF
Habeas COrpus-Nagie's Victim Buried.
! SAN Francisco, Aug. 17.-Justice Stephen
]. Field, Of the United States Supreme
Court, was arrested here Friday on charge
of being party to the killing of David 5.
Terry at Lathrop last Wednesday morn
ing. The application for a writ of
/ habeas corpus was at once made,
and the matter was heard by Judge
/ Sawyer, of the United States Circuit
Court, who granted the writ and re-
leased Justice Field on $500 bail
The warrant for Justice Fields arrest was
issued by justice of the peace in Stock
ton, on the complaint of Mrs Sarah Althea
Terry. Sheriff Cunningham, of Stockton,
arrived here with the warrant Thursday
night, and he applied to Judge Rix, of the
1 police court, Friday morning to indorse it
Judge Rix took the matter under advisement
AM Consulted with District Attorney Page,
who expressed the opinion that the war
rant should be Endorsed, as il was issued in
the regular form and the Judge should not
consider the individuality of the per-
son against whom it was directed
Counsel who appeared for Justice
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 attempt to humiliate Justice
OF the Supreme Court Judge Xix finally
| Endorsed the warrant and placed il in the
hands OF Sheriff Cunningham, who went to
the United States Appraisers building,
where Fields chambers are located
Justice Field arrived at his chambers
about noon, and with Judge Brewer, OF
Kansas, and Judge Sawyer awaited the ar
rival of the sheriff Sheriff Cunningham
went first TO the marshal's office,
and then, accompanied by Chief Of Police
| Crowley, Captain Lees and United
States Marshal Franks, proceeded to Justice
Fields chambers Justice Field rose to re-
ceive the party and Sheriff Cunningham
presented the warrant and formally made
the arrest An application was made at
once for a writ of habeas corpus Judge
Sawyer granted the writ and retired to the
circuit courtroom. 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 hearing for
next Thursday morning and ordered JUS
tice Fields release fixing the bail at s., 600
The petition for the writ of habeas corpus
was made by Justice Field himself, and is
very long document An abstract is as fol-
lows:
1t sets forth in detail the facts OF the case
already known, and declares that al the break.
fast table at Lathrop Justice Field was mali
ciously and wickedly assaulted from behind
without any forewarning 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 sensa-
tiOnal scene in the circuit courtroom,
are then set forth, and it is declared that
at the time of the commission OF tho
contempt by Terry and his wife, and their
arrest conviction and sentences, thc4e-
fore, and at divers times anu places since
as the petitioners informed and believes, that
Terry and his wife have respectively threat
ened that at the first opportunity they would
insult, assault and kill the petitioner on ac-
count of acts done in the discharge of the
duties devolying upon him as Associate JUS
tice of the United States Supreme Court and
that Terry had repeatedly and frequently
declared that he 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 instrue-
tons from the Attorney General OF the United
States and Marshal Franks. The petitioner
declares that he in way or manner
defended protected himself and
was in no way responsible for any directions
given Nagle or any other person, and that he
was merely present at the place of shooting
while en- route from Los Angeles to San Fran
cisco in 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, nor has he used
any weapon whatever. Petitioner further al
legged that Sarah Althea Terry falsely and
malciously swore out the warrant of arrest
Justice Field also sets forth in his petition
that he is now holding court tn this city and
that his arrest and removal would
seriously interfere with and interrupt his
official duties, such interference being contrary
TO the provisions of the constitution. Justice
Field further asserts that in the United States
Circuit Court during the hearing OF the Sharon
case issues, it was proved and held that the
complainant, Sarah Althea Terry, was ian
abandoned woman without veracity''
Action will be taken seeking for an or
der from the United States Court upon
Sheriff Cunningham to at once deliver
Deputy Marshal Nagle into the custody of
the United States Marshal Upon which,
if obeyed, the deputy will be brought to
this city.
Application was made by Attorney Crit
tenden to the Supreme Court of California
to adjourn a mark of respect to the
memory of Judge Terry, ex-Chief- Justice.
Chief-J Justice Beatty declined to entertain
the motion, after remarking that he was
sorry that the motion had been made.
A Stockton dispatch says that in the pres
ent excited feeling over Judge Terry's
death some fear is felt of an attack on the
Jail where Deputy Marshal Nagle is con-
fined, especially as it is an old structure.
which could be broken into quite easily
The funeral of Judge Terry was held at
Stockton Friday. The body was removed
from the morgue at noon and taken to the
Episcopal church, where it lay in state for
two hours and was viewed by great num-
Der 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 service was read by one of the vestry-
men of the church The body was buried
in a cemetery in the town.
Among those who arrived late Wednes-
day night was Clinton Il. Terry only son of
the Judge In talking of the shooting he
said substantially that all his fathers re-
cent troubles grew out of the evil influence
of Sarah Althea She seemed to hate the
son and to try to prejudice his father
against him. Terry left estate of not
over SO, 600 incumbered with some mort
cages. Young Terry thinks that when his
father married Sarah he made will giving
her the property, but as most of his estate
was made before marriage the son will
contest the will, and Sarah will have plenty
of litigation on her hands as soon as she has
buried Terry