New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-02-04
A JUDICIAL VETERAN.
INCIDENTS IN THE CAREER OF STEPHEN
j. FIELD.
THE ASSAULT ny JUDGE TERRY-EARIY LIFE IN
CALIFORNIA-WORK ON THE BENCH-AT
HOME AND IN SOCIETY.

HOME AND IN SOCIETY.
Newsboy-Nlan tried to kill judge in California
Customer-What done about 1t?
Newsboy-Oh. they arrested the judge.
Mr. Gorham in '"rhe Story of the Attempted AS
sassnation OF Justice Field by Former Associate
on the Supreme Bench OF California. quotes TINS
amusing dialogue from Eastern paper In
long life. filed with romance and adventure inc
assault upon Justice Field by Judge Terry whlch
resulted In judge Terry's death at the hands OF
the deputy rshal. is the most tragic After JUS
tice Fields decision against Sarah Althea hin
Terry the plaintiff In suit against the sharon
. estate and the commitment OF herself and nus
bard for contempt of court. the Terrys mad made
frequent and public threats against Justice fieo.
His friends had warned and tried 10 persuade him
from returning California. He fully UNDERSTOOD
Tho desnerate character OF the people with whom
he had to DEAL and realized his own danger D"'
his duty lay quite simply before hlfh' "AOn -"
personal considerations permitted him 10 nes,e'"
He absolutely refused to carry arms saying ""e"
IL comes to such a pass in this country that JUICES
ind i, necessary to go armed. it will be time 10
close the courts themselves. 1t was also against
his will that deputy marshal accompanied MN
through the State Judge Terry made MS assault
upon Justice Fled while he was at breakfast IN the
station of the little town OF Lathrop, on his way
from Los Angeles to San Francisco. Terry came
up behind Justice Field and struck him on the
face following this with blow from his INST on the
back OF his neck Neagle the deputy marshal. called
10 him to stop. and fired at him. with deadly erect
as Terry about to draw bowe-knife from his
When her husband died. Mrs Terry determined
10 finish the work which he had attempted. and
with this idea In view insisted upon the arrest OF
Justice Field. which. falling upon young and in
experienced Distric:-Attorney. she accomplished
The arrest OF Justice OF the Supreme Court of
the United States raised. of course the most I'M
prccedented excitement. which was increased by the
aggravated conditions. 1t brought from the Gov
ernor of the State the following letter:
State OF California
Han Johnston sac1smsnl9, Hu Sacramento
Dear Sir The arrest Of Hon STEPHEN se ned sse
on the unsupported oath Of woman who. on the
very day the oath was taken and often ten before,
ss sss ns @ v
The nSpe of s Of oanSn
the unwarranted proceedings against him. Inc ques-
Sn Of Of the the spny ned Sta
is one for argument The unprecedented indEnl ,rs
fn Justice Field does HG' SHA r
The charge against Justice Field was. OF course.
Immediately dismissed, and ended one OF the
celebrated in the legal history OF the Cnted
States.
The Supreme Court u.s. 1t should be. the most
imposing and dignifed branch OF the Government
In the classic old chamber. where formerly the
Senate sat and Clay and Webster engaged in de-
bate, there Is atmosphere OF repose ana
almost hilarious Visitors rarely disturb its calm,
and the silence intense that ordinary con-
versational tone be heard in all parts or the
or the distinguished men who form the
court Justice Field Is the most conspicuous and
the most frequently remarked He sits on the right
of the Chief Justice his hand. a rule. resting
against the black leather OF his high-back chair.
and red curtain behind him makes pleasing
background. Justice Field is an unusual-lookins
man. intellectually is written every line OF
his face. which is thin and narrow: the deep-sct
eyes still brilliant and keen. are shaded by pro-
jecting brow: scanty white beard falls upon his
breast and his gray hair is longer than the pre-
vailing style. Occasionally he wears little black
cap to protect him from the draughts which. with
his flowing satin robes gives him the air OF a
savant OF the seventeenth century His movements
slow and graceful. and he listens with ABB
sorbed ntentness to the arguments
THE NESTOR OF THE BENCH.
Mr.. Field is the Oldest Justice. both In point OF
age and point Of service. the Supreme Bench
He has two whole courts come and go. and
has the bench with three Chief Justices.
He born in 1916. and took the oath OF ONCE
as Justice OF the Supreme Court May 20, 1866.
President Lincoln appointed him the Sd OF the
month. but Justice Field delayed being sworn in
until Goth. his fathers eghtysecond birthday.
thinking 1t would crafty his venerable parent TO
have him take his that day. This tender
ness and consideration are marked characteristics
OF Justice Field. and have made him especially
loved by his family He is most affectcnate In
his disposition. and. although he has had no chill
dren Of his own has the greatest fondness for
and sympathy with young people, and IS never
happier entertained than when In their
society. Justice Field has not seen At to take ad-
vantage o. the law which permits retirement at
seventy under full pay after ten years Of service.
The work OF the court during the thrty-two years
ne has been the bench has become a matter OF
habit. and he would be at a loss for occupation
without IT, and would miss the intellectual stimu-
iaton. This winter he Is quite feeble. suffering
from his old lameness. the result Of accident
to his knee in early life but his health Is good
ana he is as vigorous in mind as ever. The hard
ships OF the early California days. the constant
strain mind and body. to have had no
effect upon him.
Justice Field OF the first who caught
the gold fever. but even before he went to Cali
.ornia he had had interesting experience in the
East. where he lived for some years with his sis
ter Mrs Josiah Brewer, whose husband .
missionary. While In Smyrna plague visited the
country. and he went with his uncle among the
stricken ores. nursing them and giving out medi-
cines 1t Is this sister Emilia. Of whom he speaks
in letter written when he was convalescing from
q very illness when studying law In his
brothers David Dudley office in 1888 He men,
tons first his good fortune in having his mother
come to him. and then says: Sister Emilia
and her little called yesterday" This
little SOM" at that time fifteen months DID, Is
Justice Brewer. OF the Supreme Court who sits on
the bench with his uncle-the only case where
uncle and nephew have sat the Supreme Court
bench together In the history OF country.
IN CALIFORNIA
Perhaps the most remarkable point In Justice
Fields career is the standing he at once took IN
the little community In California where he settled.
which developed into the town OF Marysvilic. His
forcesu personality made itself Immediately felt.
and he was elected the first acalde, for the coun-
try stl under Mexican laws. An amusing IN
cident o. his election the objection OF his op-
ponents friends to him the ground tina; ne
was a newcomer, Mr. Field having arrived only
three days before, while their candidate was
citizen OF six days. standing. Mr.. Field was elected