Omaha daily bee., 1899-04-16

judges were appointed. These Judges we're a
sad lot, for the most part. and one Of them
named Turner, a Texan, undertook to disbai
young Field and other lawyers from prac.
tice. Being shut out from his profession
Field ran for the Legislature. was elected,
and becoming chairman OF the judiciary
committee obtained the adoption of a com
plete new Judicial system. and Turner found
himself banished to a remote district. where
he could do little harm. This was In 1857.
and Field returned to the practice Of Law
and found it very lively and not a little
hazardous. The courts were generally held
in saloons, and the pistol was an argument
used toward lawyers, as well as to witness q,
and litigants. one Of these Incidents IS
worth narrating here. w. T. Barbour wal
alleged to be elected as judge. and Field wa,
counsel for his opponent. Barbour found a
personal insult in Fields treatment OF the
case, and challenged him to a duel. Field
accepted, and gave Barbour the privilege o.
naming conditions. He proposed a fight in /,
room twenty feet square. with pistols and
bowie knives. Against the advice of his
second Field assented. Then Barbour pro-
posed TO eliminate the bowie knives, ana
change the meeting with pistols to the open
country. Again Field agreed. but when the
antagonists met Barbour had discovered that
as a judicial officer he could not violate the
laws OF the state. In short. his bluff being
called, he ANONYMOUSLY hunked. Naturally
the newspapers got hold of the story and
made sport OF Barbour. One morning when
rleld was getting an armful OF kindllnr
wood to start his Office fire Barbour came up
behind him and presented a pistol AT hIs
head. yelling, Draw and defend YOURSELF"
Field continued to gather his wood, observ-
ing. lyon id pnIarl' gpaoiygn- -, =,
hind a man in this way-you don't dare to
shoot! Shoot | say!" The bully retreated,
amid the expressed appreciation OF the by
ISLANDERS. This was but a sample of the diff.
culties OF legal practice in those days.
Attempts to Kill Fie,G.
Like every man Of strong convictions and
independence OF action in public life, JUS
tee Field had enemies. About thirty-two
years ago. soon after taking his place on
the United States supreme bench, Justice
fleld received in the mail a package con-
tanning an Internal machine. The appear
ance or the parcel aroused suspicion. and
he was prevented from opening it. In
vestigation proved the package contained a
mechanism calculated to kill any person
who might open it without taking unusual
precautions.
On the inside Of the lid of a box inclosed
in the package was pasted Justice Fields
decision which terminated litigation known
IN legal circles as the Pueblo case, and bv
which a large number of spectators and
who had occupied land in San
Francisco had been deposed.
The second attempt to assassinate Justice
fleId was made in 1889, when Judge Terry,
u man noted for the violence of his tenn
per, and formerly the associate of Judge
Field or Tho So a.,.4 t---t -.
fornia, attempted to insult and then murder
the then associate justice. Judge Terry had
become incensed at one of the Justices de-
cisions which was adverse to his own per-
sonal interests.
Sarah Althea Hill Terry had brought suit
against ex-senator Sharon. a California
nultimillionaire. Justice Field was on the
The outcome of the case was I'M |
to the plaintiff.
a few months later Terry and Field met
by chance in a railway eating house in
Cal. Terry was accompanied by
lis wife, who had been the principal In the
suit against Sharon, and whom he had mar
led subsequent to the suit. With Field was
Deputy United States Marshal Nagle, who
lad been detailed to protect the justice.
The woman attempted to chastise the aged
Justice and Terry interfered. When it
.eemed that he was attempting to do vio-
ence to Justice Field Nagle. the deputy
shot and killed Terry. Nagle was
Instances of Nerve.
An instance of his nerve was shown dur
ng his canvass for the California legisla-
ure. A man was accused OF stealing gold
'ust, an offense equal to horsestealing in
'exas. The accused ran away, and that act
vas looked upon as an admission of guilt.
lie was caught by a posse and arrange
lents were made for his lynching. Field
organized an impromptu court,
ot his witnesses, and showed that the
ian could not have stolen the gold-dust, and
hat he fled simply because he knew that
he circumstantial evidence was against
i'm. This incident gave Field a great repu-
alton as a lawyer, but it required a great
mount OF nerve to hold up a crowd that
ad already decided the man should be
finished by the rough law of the mining
ommunity.
In those days men in California had to
e walking arsenals, and Mr.. Field was sell
ON out of the fashion. Charles S. Fair
TX, who was Barbour's second in the ar
'ngements for the duel, was a lineal de-
OF the great Fairfax family which :
80 sac dHi ' II
mia. He was its tenth baron In direct
ne. He died in Baltimore back in the
Cs.
In 1857 Mr.. Field was elected Judge OF
lie supreme court of California by 1900
Later he became chief Justice. I
he whole landed system of California I
now on his decisions. He was a true {
ar democrat OF the staunchest kind and 7
a recognition OF his great services in the
est during the trying period President Lin =
In appointed him to the United States SUI r
'eme bench. :
abor's Early Days. I
When pixies Peak or Bust" was he des- I
nation and the motto of the pioneers Ia ,
'r was rustling for a scant living on the
Aries of Kansas. Becoming weary of the
he hitehed a pair OF oxen to a !
'airie schooner and started for Cherry i
eek, where Denver now stands, and struck {
llifornia gulch in April, 1860. 1t was the |
ost attractive region for gold mining and +
ihor and his wife camped there. His ex- J
were the same as other miners. i
dug gravel, threw 1t into the sluice day 7
ter day and in the evening cl,aned UP and 7
united his gains. At the end Of the sea- -
n he had $1,000 to the good, which was
MIN a fair fortune. In the fall the frost =.
id the SHOWS anne and op ~.rltions were :,
spended, but he was not idle, He bought !"
stock OF groceries and opened a store to