New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-10

the chine.e. Justice Field however. shoNea az
h,nese a IA ss sss s o
decided Jaw years ago he ives one OK sns tho
view that attempt Of citizens TO expei the en-,
Of the ststy. He a,se joined In the decision. held
ing that undue res;rcuons on the TRACE OF Sn,hess
part IN acting as leader OF the members of the
vcse sssnst the Chinese wss In aceordance with
the feariessness which he always showed.
ATTACKED BY JUDGE TERRY.
In a long life filled with romance and adventure.
the assault upon Justice Field by Judge Terry
which resulted in Judge Terry's death at the hands
Of the deputy marshal IN the most tragic After
Justice Fields decision against Sarah Althea Hill
Terry the plaintiff in a suit against the Sharon
estate and the commitment OF herself and husband
for contempt Of court. the Terrys had made fire.
quent and public threats against Justice Field. Ills
friends had warned and tried to persuade him from
returning 10 California He fully understood the
desperate character of the people with whom he
had to deal, and realized his own danger. But his
duty lay quite simply before him, which no per
sonai considerations permitted him 10 neglect lie
absolutely refused TO carry arms, saying: Wheh
Il comes 10 such pass In this country mat Judges
find It necessary TO 20 armed. II will be time 10
close the courts themselves" 1t was also against
his Will that a deputy marshal accompanied him
through the State. Judge Terry made his assault
upon Justice Field while he 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 race
following this with blow from his fist on the back
OF his neck Neagle, the deputy marshal, called 10
him 10 stop and fired at him. with deadly effect, az
Terry was about to draw a bowie-knife from MS
bosom.
When her husband died. Mrs Terry determined
to finish the work which he had attempted ana
with this idea in view insisted upon the arrest Oh
Justice Field. which, falling upon young ana IN
experienced District-Attorney, she accomplished
The arrest of Justice of the Supreme court OF the
United States raised. of course. the most ui-
precedented excitement. which increased by
the aggravated conditions. II brought from the
Governor Of the State the following letter
Executive Department. D, ar ,1Tn1ni,
Hon. A. G. Johnston, Attorney-Generai, saera-
Dear Sir: The arrest of the Hon Stephen J;
Field Justice of the Supreme Court of the United
States. on the unsupported oath OF woman VINO
fore threatened his life, viii be burning disgrace
to the State unless disavowed therefor urge
District Attorney Of San Joaquin County TO dismiss
a ss Of Rs
the case of the Deputy United States Marshal,
ndisniiy on Justice Field does admit Of arsu
'"eP' r. w. WATERMAN Governor.
The charge against Justice Field was of course
Immediately dismissed. and ended Of the
celebrated in the legal history of the United
States.
UNCLE AND NEPHEW ON THE BENCH.
Before ne went to California ne had interesting
experience In the East. where he lived for some
years with his sister. Mrs. Josiah Brewer. whose
husband was missionary While IN Smyrna
plague visited the country and he went with his
uncle among the stricken ones, nursing them and
giving out medicines 1t is this sister, Emilia OF
whom he speaks in letter written when he was
convaescing from very severe Illness when study
Ing law In his brothers David Dudley office In
1898 He mentioned first his good fortune In having
his mother come to nurse him. and then says: sis
Emilia and her little son called on me yester-
day." This little son." at that time fifteen months
old is Justice Brewer. Of the Supreme Court who
sat on the bench with his unce-the only case
where uncle and nephew have sat on the Supreme
Justice Field was an unususi,iooking man. IN
tellectuality written every line OF his face,
which thin and narrow the deep-set eyes.
brilliant and keen shadede by a projecting brow:
scanty white beard fell upon his breast and his
6 na he wore little black cap to protect
him from the draughts. which. with his fowing
seventeenth century. His movements were slow
and graceful, and he listened with absorbed in
tentness 10 the arguments.
THE NESTOR OF THE BENCH
Shortly after Justice Fields retirement from the
Supreme Court Bench Attorney General McKenna.
President, In his letter of acceptance of the resig
nation wrote:
Upon your retirement both the Bench and the
country will sustain a great loss. but the high
character and great ability OF your work will live
and long be remembered. not only by your col
leagues but by your grateful fellow-countrymen
The Justice made the formal announcement Of
his resignation TO his colleagues on the Bench in
long letter skeching his own and the court
history during his extended service In one part
1T is a pleasant thing in my memory that my
appointment from President Lincoln. OF
Tqss me there had been no here Of
During bis neumbency; he said; he alone e, had si
written go opinions which with MY seven IN the
Court made up a total Of loi2 cases decided by
him in his life He took issue with IT the r sybE on
and said it the most b 0rse nor or
the sword but 1t possesses the power of declaring
law apd IN that Is found the safeguard w trnu
rushing TO destruction
The Court replied in a feeling letter, and later
retremens he had lived quietly in his old home
facing The eassr sec dn Of ss a q oen Of
age and point Of service on the Supreme b e
He br two wh9 s courts dna 60 and sat on
Tenderness and consideration were marked Ne; char char
ciaily loved by his family He was most affection
ate in his disposition and. although ne had no
nd of h Ssd the psop and
happier more entertained than when IN their
society. Justice Field did not see III 20 take ad-
vantage of the Law which permits retirement at
seventy under full pay after ten years OF service
The work OF the court during the years he was on
the bench had become matter Of habit and he
would have been at a loss for occupation with
out Il.
STORY OF HIS YOUNG DAYS
The manner of collection OF the note given him by
h.s brother. David Dudley which is mentioned above
and enabled him to open law office. has been hui
morously told in brief auo biographical sketch. He
wrote Of the incident follows:
Passing down Cay-st and near Kearney-st.. my
attention attracted by sign in large letters:
Jonathan d. Stevenson Gold Dust Bought and Sold
Here As this inscription exclaimed: Halo.
here is good luck. for | suddenly recolected that
when left New-York my brother Dudley had
hs nded me a note against Stevenson for $3.50 800.