New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-23
JUSTICE FIELDS PETITION.
HE BELIEVES THERE Is CONSPIRACY
AGAINST HIM.
HIS CASE AND THAT OF NAGLE UP ON HABEAs
coRPus-BoTH c0NTINUED-AN IMPORT
ANT WITNESS FOUND


[BY TELEGRAPH TO THE TRIBUNAL
san-Francisco, Aug. 22.-Great interest was shown
to-day IN the habeas corpus proceedings OF Justice
Field ana Marshal Magic growing out Of the Terry
shooting. The courtroom crowded with promi-
nent lawyers and politicians, and several hundred
people stood outside, unable to gain admission. II
there is safety in multitude Of counseors then both
the defendants were secure Justice Field appeared in
court for the first time since the day OF his arrest,
looking pale and worn. He took seat in the jury
box and paid the closest attention to tho proceedings
Nagle was cool and jaunty, as usual and looked the
most unconcerned of any of the actors United States
DstrictAttorney Carey conducted tho case for the
Defence and ex-Judge Maguiro for the prosecution.
Judges Sawyer and swain on the bench In had
been arranged that Naglc's case should come first
but Mr.. Carey upset this plan by declaring that
counsel had agreed that Justice Field should have the
precedence. Then he read traverse to the demurrer
In Justice Fields 1t was written by the aged
Justice himself and abounds In as vigorous language
as his former petition for habeas corpus
The paper recites that the Justice is an attorney Of
the Circuit Court here, and that the warrant
for his arrest issued upon the
sole affidavit OF Sarah Althea Terry, who
did not SEQ the commission of the act which she
charged was murder. and who is herself a woman
OF abandoned character unworthy Of belief respecting
any matter whatever. The writer further declares
OF conspiracy between Sarah Alhea Distrlct-At-
torney White. Of Stockton and E. l. Conon of
Stockton, To prevent, by force and intimidation,
yonr petitioner from dschargng the duties of his
Office and to niure him in his person on account
OF the lawful discharge of the duties of his office
heretofore. by taking him to Stockton where he could
be subjected to ndignides and humiliation and where
ehey might compass his death"
Justice Field further charges that this conspiracy
which is crime against the United States was to
be executed by an abuse of the process OF the State
courts, two of the alleged consprators being officers
of San joaquin County and he further AYERS that the
habeas corpus writ and his release are essential to
defeat the conspiracy. He closes with these words {:
And your petitioner further AYERS that the accusa
ton Of crime against him, upon which said warrant
was issued. is malicious and malignant
falsehood, for which there is not even
pietext; that he neither advised nor
had any knowledge Of any intention Of anyone to
commit the acs which resulted in the death of David
S. Terry, and that he has not carried or used any
arm or weapon of any kind for over thirty years.
After a long discussion in which the prosecution
demanded speedy hearing, the case was set BY
Judge Sawyer for mex. Tuesday. The traverse in
Nagle's case developed facts, and the hearing
In his case was set for September 8.
The Conon mentioned by Justice Field as of the
consplrators against his life is editor of The Stock
ton Mall" newspaper which has always championed
Ieny's acts and Is the organ OF the pro-Southern
element. whose stronghold is Stockton. At the time
OF the shooting. many who knew Terry declared their
belief that he was armed with knife when he slapped
Justice Fields face and that had the Justice made
a movement I'm sefdefence, Terry would have
stabbed him. They asserted that Mrs. Terrys action in
throwing herself on her husbands body to remove
the bOwe-kne.
Now IT is stated that H. c. CIary. one of tile eye
witnesses, Will swear positively that he Mrs
Terry remove bOwleknife from her husbands body
and scree lt in her clothing. He says that Il
done just after Terrys death, and It in removing
the knife and scabbard from the left armhOe of his
vest that she got her hand covered with the blood
that was oozIng from her husbands heart. 1t was
after she had done this, Mr. Cary Will testify, that
she asked the bystanders to search Judge Terry's
clothing and satisfy themselves that he was unarmed