f judges to obey the law."
As soon as the _habeas corpus_ writ had been served, the sheriff
said he was ready to go into the court. "Let me walk with you," said
Justice Field, as they arose, and took the sheriff's arm. In that way
they entered the court-room. Justice Field seated himself in one of
the chairs usually occupied by jurors. Time was given to the sheriff
to make a formal return to the writ; and in a few minutes he formally
presented it. The petition of Judge Field for the writ set forth
his official character, and the duties imposed upon him by law, and
alleged that he had been illegally arrested, while he was in the
discharge of those duties, and that his illegal detention interfered
with and prevented him from discharging them.
Then followed a statement of the facts, showing the arrest and
detention to be illegal. This statement embraced the principal facts
connected with the contempt proceedings in 1888, and the threats then
and thereafter made by the Terrys of violence upon Justice Field; the
precautions taken in consequence thereof by the Department of Justice
for his protection from violence at their hands, and the murderous
assault made upon him, and his defense by Deputy Marshal Neagle,
resulting in the death of Terry, and that he, the petitioner, in no
manner defended or protected himself, and gave no directions to
the deputy marshal, and that he was not armed with any weapon. The
petition then states: "That under the circumstances detailed, the
said Sarah Althea Terry, as your petitioner is informed and believes,
and upon such information and belief alleges, falsely and maliciously
swore out the warrant of arrest hereinbefore set out against your
petitioner, without any further basis for the charge of murder than
the facts hereinbefore detailed, and that the warrant aforesaid was
issued by such justice of the peace, without any just or probable
cause therefor. * * * And your petitioner further represents that the
charge against him, and the warrant of arrest in the hands of said
sheriff, are founded upon the sole affidavit of Mrs. Sarah Althea
Terry, who was not present and did not see the shooting which caused
the death of said David S. Terry."
In order to show the little reliance to be placed in the oath of Mrs.
Terry, the petition stated: "That in a suit brought by William
Sharon, now deceased, against her before her marriage to the said
Terry, it was proved and held by the Circuit Court of
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