The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-10

Terry. In 1868, President Lincoln ap-
pointed him associate justice of the
supreme court of the United States
and he held that position until his re-
tirement on Dec. j, 1897.
During the latter years of his service
on the bench he was in very feeble
health His term was the longest in
the history of the tribunal. The great
chief justice, John Marshall wore the
ermine for period extending over
thirty-four years. 1t was the ambition
Of the late Justice Field to pass this
record and he succeeded in doing so
by a few months. His friends, fearing
that the strain of hard work would
shorten his usefulness. advised him to
retire from ais arduous duties. But
with indefatigable perseverance he
chung to his task until the latter part
of 1897. when he had the satisfaction
of having fulfilled the ambition of his
life.
During that term of more than a
third of a century he was concerned in
some of the most important cases ever
passed upon by the supreme court.
Among the prominent decisions was the
famous test-oatfr case, in which he gave
the casting vote and wrote the opinion
of the court annulling the validity OF
the ''ironclad" oath. His dissenting
opinions in the confiscation cases, the
legal tender cases and in the New Or
leans slaughterhouSe case attracted the
widest attention.
During this long service on the
bench he also was before the public
eye in other ways than as judge Of the
supreme court of the United States.
He was a member of the Hayes-Tilden
electoral commission in 1877 and voted
with the Democrats. In 1880 he re-
civ five
dency nomination at the Cincinnati
Democratic convention, on the first bal
lot. In 1873 he was appointed by the
governor Of the state OF CalLo RI one
of the commission to examine the code
of laws of that state. In 1866 Williams
college conferred upon him the degree
of LID, and in 1869 the regents of the
University of California made him a
professor of laws in that institution.
SENSATIONAL EVENT IN CAREER.
In 1889, one of the most sensational
events of a remarkably active and
vigorous career, largely passed in a
new country in process of development
from a pioneer state to. a highly civil
lied community, brought his person.
ality vividly before the public. Sarah
Althea Hill had brought suit against
ex-senator William Sharon, claiming to
have been married to him by contract.
She asked the courts to recognize her
rights, but the outcome was unfaVor-
able to her. The case was carried to
the United States supreme court and
it was Justice Field who rendered the
decision that Sarah Althea Hill was
not a Wife.
Former Supreme Judge David s. Ter
~. who gained notoriety in the early
days of California by killing in a duel
Senator Broderick. for which he was
disfranchised, until the cloud was
raised from him years after by the
adoption of new constitution, was
Miss Hills attorney in the long and
bitter struggle. He threw into the
fight all the aggressiveness and vicious
ness Of his nature, and when he lost,
ne was overwhelmed with anger. He
declared that corruption had found its
way into the case and openly declared
that Justice Fields decision had. been
influenced by a consideration.
Almost Immediately after the deci-
sion of the supreme court, Terry mar
ried Miss Hill. Both We're SO indig
nant at the justice that they threat
ened to do personal violence should
they ever meet him. These threats
coming to the ears of the authorities,
Justice Field was provided with a body
guard in the person of David Nagle, a
United States deputy marshal of known
courage.
1t was in 1889. when the justice was
making his usual trip TO California,
that he met the Terrys in a railroad
dining hall at Lathrop, Cal. Justice
Field had taken his seat, when Terry
advanced and struck him a blow in
the face Nagle, who was seated op-
posite the justice, arose and drawing
revolver fired at Terry. His aim was
true. and in a few minutes Terry was
a dead man. expiring in the arms of his
wife. who was a witness to the entire
proceedings Nagle WAS acquitted.
There was for many years intense
bitterness between the friends of the
two factions, and for this reason JUS
tice Fields family discouraged his dis
cussion of California topics or the pc
rusal of California newspapers.
RETIRED IN DECEMBER, 1897.
Justice Fields retirement from the
supreme court bench occurred on Dec.
|. 1897. and Attorney Gereral Joseph
McKenna of California, shortly after
ward was nominated to succeed him.
He rendered his resignation in April,
1897. to take effect Dec. l. The DreSi-
dent. in his letter of acceptance of the
resignation, said:
Upon your retirement both the
bench and the country will sustain q
great loss. but the high character and
great ability Of your work will live and
long be remembered, not only by your
but by your grateful fellow
The dead justice made the formal an