Los Angeles daily herald., 1889-08-17
THE TERRY TRAGEDY.
Latest Developments in the
Case.
FIELD PLACED UNDER ARREST
Funeral of the Victim-The Supreme
Court Refuses to Do Him
Reverence.
Associated Press Dispatches to the HERALD


SAN Francisco, August 16.-Justice
Stephen j.. Field, of the United States
Supreme Court, was arrested here today
on the charge of being party to the kill
ing of Judge Terry at Lathrop last We'd
nesday morning. Application was made
at once for writ of habeas corpus, and
the matter was heard by Judge Sawyer
of the United States Circuit Court, who
granted the writ and released Justice
Field on $1,000 bail.
The warrant for Justice Fields ar
rest WAS issued by Justice of the Peace
in Stockton. on complaint of Mrs. Sarah
Althea Terry. Sheriff Cunningham, Of
Stockton, arrived here with warrant
last night. He applied to Judge Rix, of
the Police Court, this morning to indorse
it. Judge Rix took the matter under ad-
visemt Mt and asked the advice of Dis.
trict Attorney Psge. The latter ex-
pressed the opinion that the warrant
should be indorsed if it was issued in
regular form, and that the Judge should
not consider the individuality of the per-
son against whom it was directed.
| Ex.Judge Louderback, the counsel
who appeared for Justice Field, urged
the Court TO take testimony to ascertain
if the warrant should have been issued.
He declared that the issuance of the war
rant was nothing more than an attempt
to humiliae Justice of the United
States Supreme Court.
| THE WARRANT INDoRsED AND SERVED.
Judge Rix finally indorsed the war
rant and placed it in the hands of Sheriff
Cunningham, who went at once to the
United States Appraisers building, where
Justice Fields chambers are located.
Justice Field arrived at his chambers
about noon, and with Judge Bremen, of
Kansas, and Judge Sawyer, awaited the
arrival 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 receive the party,
and Sheriff Cunningham presented the
warrant andformally made the arrest.
\ Application was made at once for writ
of habeas corpus. Judge Sawyer granted
the writ and retired to the.Circuit Court
room.
Justice Field and Sheriff Cunningham
then entered the court room and took
eeats in the jury box. District Attorney
Carey announced that Sheriff Cunning
ham had obeyed the writ of habeas COR
pus and produced the prisoner, and that
he now awaited the further pleasure of
the Court. Judge Sawyer set the case
for hearing on next Thursday morning,
and ordered Justice Fields release, fixing
his bail at five thousand dollars.
| NATURE OF THE PETITION.
| The petition for writ of habeas
corpus was made by Justice Field him
self, and is very lengthy document
1t sets forth in detail the facts of the
case already known, and declares that at
he breakfast table at Lathrop Justice
Field was wickedly and maliciously as
saulted from behind without any fore
warning by David s. Terry, which as
sault 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 sensa-
tionsl scene in the Circuit Court room,
are then set forth, and it is declared that
at the time of the commission of said
contempt by Terry and his wife, and
their arrests, conviction and sentences
therefore ,and at divers and sundry times
and places since, the petitioner is in
formed and believes eaid Terry and his
vile respectively threatened that at the
first opportunity they would insult, as
sault and kill the petitioner for and on
account of acts done in the discharge OF
the duties devolving upon him as Asso-
ciate Justice of the United States Su-
preme Court, and said Terry repeatedly
and frequently declared and threatened
that he would "get even" with the petit
toner.
The petition next eets forth that at the
time OF the shooting Justice Field wac
accompanied by David Nagle, a Deputy
United States Marshal, who was acting
under instructions from the Attorney.
General OF the United States and Mar
shal Franks. The petition declares that
he in no way or manner armed or pro-
tecled himself, and was in M way re-
sponeible for any directions given Nagle
or any other person, and that be was
merely present at the place of the shoot
ing 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, nor has he used any
weapon whatever.
| MRS. TERRY DENOUNCED.
| The petitioner further alleges that
Sarah Althea Terry falsely and mali
ciously swore out the warrant of arrest.
Justice Field also sets out in his petition
that he is now holding court in this city,
and that his arrest and removal would
eriously interfere with and interrupt his
official duties, such interference being
ntrary TO the provisions of the Consti.
( tuition. He further asserts that in the
Usited 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."
THE GOVERNMENT Defends NAGLR.
A special from Stockton says: Sheriff
Cunningham, who arrived from San
Francisco tonight, announced that the
United States Circuit Court in San Fran
cisco had issued writ of habeas corpus
in the case of David Nagle, and that he
(the Sheriff) had decided to take him to
San Francisco tomorrow.
United States Attorney Carey received
telegram today from the Department of
Justice ins'ructing him to assume the de-
fenfe of David Nsgle on behalf of the
United States Government.
SToCKToN Auo,1at 1R-It In ,aJ