Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-08-01

Dour. He sent verbal challenge TO t1eln
for duel, which was promptly accepted,
for not even his most implacable enemies
have ever charged Justice Field with per-
sonal cowardice. When the time came to
arrange terms, Barbour claimed the right
to name the weapons and the other ar
rargements. This was finally granted. and
he proposed through his second, fight in
room twenty feet square. with pistols and
bowie knives. Judge Fields second OBJ
jected to this unusual stipulation, but his
principal, knowing the character Of his op
ponent, insisted upon accepting. Imme-
diately word was brought from Judge Bar
bour that he would omit the bowie knives,
ard in view of the danger of attracting at
tention by fighting in room, he would
prefec the open country, whereupon Judge
Field Immediately named q secluded spot
and repaired thither with his friend. Some
time after the appointed hour Judge Bar
bour and his second appeared, but the for
mer refused to fight. alleging that he could
not conscientiously violate the law of the
state which he as q judicial officer was
bound to sustain, and he ignominiously re-
tired from the field, leaving his second
heartily disguised with his actions 1t is
worthy of note that the second, Mr..
OF Justice Fields closest friends and break
tasted that morning with him and the JUS
tees second.
Attempted AssassinatiOn.
This illustrates life in California in those
days. The code duello was the main re-
sort of men to settle personal disputes
But assassination of another and more
cowardly sort was frequently practi.ad.
An instance of an attempt Of this kind On
the life Of Justice Field is worthy of note
IN this connection. In 1851, while on a
visit to San Francisco, Justice Field, then
a member of the legislature called on his
personal FRIEND. David c. Broderick, after
ward Senator from California, and who
was shot to death by Judge Terry in
q foyu I-tD
friended Field during the session of the
legislature, when friend of Judge Turner
mad attacked him in a speech and a whole
sale slaughter III the session hall was mar.
rowly prevented by the GOODNESS of F'iell
and Frederick. At this meeting the two
friends were about to enjoy social glass
In the hotel, when suddenly Broderick
swung Field away from the bar and hus-
closed the door he explained that just as
they were about to drink he had noticed a
brother Of Judge Turner, a desperate char
acter, enter the door, pull aside his Spanish
cloak and deliberately level cooked re-
Volver at Field. To save him was Brod-
erlck's first thought even at the risk of
MS own life. and he had acted at the In
slant. and with success.
Though GOODNESS afterward sprang I'D
between Broderick and Field over the
formers hostility to Buchanan's admins
tration. caused by the matter of state
patronage. Justice Field never lost his real
hearted man. who, 1t Is worth noting, was
born In this city. 1t is a familiar tale of
now he became involved in q personal al
tercation with Judge Terry. chief justice of
ed In duel being fought. Broderick's pis-
tol was discharged first, without effect. and
he was then shot down.
Justice Fields Lame Knee,
Justice Field was one Of the pallbearers
at Broderick's funeral, and 1t was here
that he received the injury to his knee that
has made him a cripple for many years.
The undertaken conceived the notion that
1t would be good plan to have the pail
bearers walk ahead of the hearse, notwith-
standing the fact that the streets of san
francisco were then most wretchedly
paved. Justice Field stepped accidentally
on rolling stone. which wrenched his
knee and threw him violently to the
ground. He was taken to his hotel and
since then he has walked lame. He at
tributes some of the weakness Of his knee,
which was recently examined by means of
the X-rays In San Francisco, to an acct
dent that occurred when he was a young
In the office of his brother David Dudley
Field. in New York. He was quite proud
OF his carriage, and particularly of his fine
hair. and he always held his head high
when he walked. While going to his work
one morning he failed to notice coal cart
standing in narrow alleyway and struck
his knee severely against one of the hubs
1t gave him intense pain and he was Ill
for many weeks. According to the old
medical practice of those days his ply
sician gave him large quantities Of Gallo
mel. Justice Field, in narrating this ex-
perience, insists that he was given quart
Of this powerful and dangerous drug
Whatever the quantity. 1t settled in the
injured knee and made 1t very lame and
weak thenceforth. Probably the two acct
dents combined to cause his present lame
Describes ri DO
being equivalent to an intense toothache
without intermission.
Elevated to the Supreme Court.
1t is not the purpose of this article to
give close account Of Justice Fields off,
cial career. 1t suffices to note that he was
elected q member Of the supreme court Of
California in 1857, to serve six years from
January !. 1858. Before that time arrived,
however, a vacancy occurred on the bench.
and he was appointed In advance Of his
term. He was serving as chief justice, hav-
ing succeeded Judge Terry in that position
when the latter resigned, in 1859, when he
was chosen by President Lincoln to be
member of the Supreme Court Of the United
States, in accordance with the provisions
of law passed March 3, 1863, which ere
ated an additional justiceship. with the
stipulation that 1t should be filed by rep
resentatlve Of the Pacific coast. The con-
gressional delegation from the coast con-
sentative of whom five were democrats
and three republicans, united In petitioning
the President to appoint Justice Field. MIR.
Lincoln readily agreed, and his commission
was made out March 10. He did not enter
upon his new duties, however. at once, as
1t was his desire to take the oath of office
on the anniversary Of his venerable fathers
birthday, May 20. So he resigned from the
supreme bench of California to take effect
that day, and he served in his old capacity
for several weeks AS illustrative of the
exact punctility that has always character
lied Justice Fields views of personal hon
esty it should be noted that the salary of
his new func ton was sent to him by check
from the date Of the issue of his commits
sion, March 10, but he promptly deposited
with the subtreasurer at San Francisco a
check for the difference between that date
and May 70. and so made restitution to the
government Of a salary to which he did not
feel entitled.
His Popularity on the Pacific Slope.
Justice Fields great popularity on the
Pacific coast has always marked him as
one of the foremost citizens Of that region.
He affiliated with the democratic party in
the early days, but his appointment to the
Supreme bench was of a non-partisan char
acter, being urged, as stated, by republi-
cans and democrats alike in Congress. In
1877, when the electoral commission was
the Of do