Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-08-17
CODE CONDEMNED.
No Court Adjournment Out of
Respect for Terry's Memory.
The Action of Acknowledgment Miller
Endorsed by the Hon. Daniel ".
Voorhees, of Indiana.
1t is Not Believed that Deputy Nagle will Ever
be Tried for His Act-Justice Field
Placed Under Arrest

ATTORNEY GENERAL MILLER SUSTAINED.
TERRE HAUTE, md, Aug. 16.-The
senator from Indiana, Mr.. Voorhees,,
sustains Attorney General Miller in what
he did to protect Justice Field. ut has
been well known for some time past,
said Mr.. Voorhees,, "that Justice Field
would be in imminent peril whenever his
duties called him again to California. He
was deliberately and openly threatened
with death or extreme punishment by
one of the most desperate and dangerous
men ever known on the Pacific coast.
The committal of Judge Terry for con-
tempt of court was not only imperatively
necessary and demanded in defense of his
own court, but also in defense of every
other court in the United States against
lawless outrage. In my opinion 1t was
eminently proper that the attorney gen
eral should see that no harm should come
to him when in his judicial circuit.
NAGLE WILL NEVER BE TRIED.
INDIANAPOLIS. IND. Aug. l6.-Attor-
ney- General Miller, when asked If he
had anything further to say about the
shooting of Judge Terry by Deputy
Nagle, replied, 81 see from the papers
that the action of the deputy is pretty
generally Endorsed. 1t appears to be
considered that Nagle's presence was
necessary and his action justifiable. l
don t care to speak of the legal aspects
of the case I don It recall that it has
ever been necessary before to provide for
/ the protection of United States judge.
/ If the case comes TO trial [ suppose l will
be called to testify, but l question
whether there will eyer be a trial. The
grand jury may find 1T case of JUSTIN
able homicide. l have not examined the
legal side of the question, however; [
thought the protection of officers of the
law might be necessary ana 1 know
something about the desperate character
of the man with whom Justice Field
had to deal. I thought of trouble
when the trial began, but of course
did not look for it at way station or
upon train. If the justice s life was
| in danger, though, he was as much
entitled to the protection Of an officer at
| an eating house as in the court room
I upon the bench. =
| Though the attorney general was very
guarded in his utteranses his manner
] INDICATED very plainly that he believed
| Deputy Nagle was fully justif1able IN
| shooting Terry.
A GUARDED STATEMENT.
! PITTSBURG, Pa, Aug. l6.-Concern--
| ing the tragedy of Judge Terry, ex-So-
lioitor- General jerks, who is in this city,
said in reply to the question, Had the
attorney general a right to delegate
marshal to protect Judge Field:
S' Well I would rather not answer
| +bo4 CueS+1oD The aftOrOeV- 0ene ral is
at the head of the department of justice,
| and all machinery of the courts is under
his control. He is bound to preserve
peace and order in the courtroom. 1t
would certainly be most atrocious crime
if a Justice should be murdered off the
bench for any official action.
| SAN Francisco, CAL, Aug. 16.-The
Terry tragedy continues to dwarf all
other news in the popular mind in this
city and throughout California. Public
interest in the affair has been increased
by the action of the district attorney of
San Joaquin county in issuing warrant
for the arrest of Justice Field on the
com plant of Mrs. Sarah Althea
Terry, and the legal connlcC
that threatens to grow out of
the demand The warrant directs Sher-
iff Cunningham of San Joaquin county to
Il
former home of Judge Terry, in which
city Deputy Nagle is at present under
| arrest. The sheriff arrived here last
night and expected to make the arrest
lat / O 'clock this afternoon it being nee
7 essary to have the writ approved by the
| Judge of San Francisco county. The matter
| was called to attention of Judge Rix this
| forenoon, who declined to indorse 1t
without first having an opportunity to
consider the facts, and he said he might
take the case up this afternoon. In the
event that he approves the warrant it is
| understood as soon as the arrest has
been formally made writ of habeas
corpus will be sued out IN the
United States circuit court. This course
has been decided upon by counsel of
Justice Field, and t2 determine at once
the authority of Federal court and its
| officers. 1t Is also known that action
viii be taken seeking for an order from
the United States court upon Sheriff
Cunningham to at once deliver Deputy
Marshal Nagle into the custody of the
United States marshal, by which order, if
obeyed, the deputy will be brought to
this city.
NO RESPECT FOR TERRY.
SAN Francisco, CAL, Aug l6.-The
supreme court of the state of California,
of which the late David S. Terry was
/ formerly Justice, this morning refused to
adjourn out of respect to Terry.'s mem
earv. AThis was announced from the
i bench, and the reasons given that Terry
resigned his judicial position to fight a
duel and that he was killed while in the
act of assaulting a justice of the United
Estates supreme court.
\ The application for adjournment was
made by Attorney Crittenden, but Chief
Justice Beatty declined to entertain the
notion After remarking that he was
sorry the motion had been urged, he
added:
cit is a very unpleasant affair, but
the court has fully considered the same,
and deems it the wisest course to treat
the subject in silence. The sudden death
of David S. Terry is notorious, and it is
the decision of this court that it take no
further action in the matter. -
JUDGE FIELD ARRESTED.