ited States withdrawn from the
service of his Government while engaged in a most important and as
yet unfinished duty because he had with rigid faithfulness performed
that duty. He was arrested by an officer who had no warrant and had
not witnessed the homicide, and lodged in jail.
Meanwhile a detective in San Francisco received a telegram from the
sheriff of San Joaquin county to arrest Judge Field. Supposing it to
be his duty to comply with this command, the detective crossed the bay
to meet the train for that purpose. Marshal Franks said to him: "You
shall not arrest him. You have no right to do so. It would be an
outrage, and if you attempt it I will arrest you."
The news of these exciting events produced an intense excitement in
San Francisco. Upon his arrival at this place, under the escort of the
marshal and many friends, Justice Field repaired to his quarters in
the Palace Hotel.
CHAPTER XIV.
SARAH ALTHEA TERRY CHARGES JUSTICE FIELD AND DEPUTY MARSHAL NEAGLE
WITH MURDER.
The body of Judge Terry was taken from Lathrop to Stockton,
accompanied by his wife, soon after his death. On that very evening
Sarah Althea Terry swore to a complaint before a justice of the peace
named Swain, charging Justice Field and Deputy Marshal Neagle with
murder. After the investigation before the coroner Assistant District
Attorney Gibson stated that the charge against Justice Field would be
dismissed, as there was no evidence whatever to connect him with the
killing.
Mrs. Terry did not see the shooting and was not in the hotel at the
time of the homicide. Having, therefore, no knowledge upon which to
base her statement, her affidavit was entitled to no greater
consideration than if it had stated that it was made solely upon her
belief without any positive information on the subject.
Only the most violent of Terry's friends favored the wanton indignity
upon Justice Field, and his arrest, but they had sufficient influence
with the district attorney, Mr. White, a young and inexperienced
lawyer, to carry him along with them. The justice of the peace
before whom Sarah Althea had laid the information issued a warrant
on the following day for the arrest both of Justice Field and Neagle.
From this time this magistrate and the district attorney appeared to
act under orders from Mrs. Terry.
The preliminary examination was set for Wednesday of the following
week, during which time the district attorney stated for publi
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