The Story of the Attempted Assassination of Justice Field by a Former Associate on the Supreme Bench of California

Abstract

The Story of the Attempted Assassination of Justice Field by a Former Associate on the Supreme Bench of California HON. GEORGE C. GORHAM NOTE BY THE PUBLISHERS Mr. Gorham is a life-long friend of Justice Field. He was his clerk when the latter held the Alcalde’s Court in Marysville, in 1850; and was Clerk ofthe U.S. Circuit Court ofthe District of California when it was organized, after Judge Field’s appointment to the U.S. Supreme Bench. Subsequently, and for several years, he was Secretary of the U.S. Senate. Since his retirement from office he has resided in Washington. For a part ofthe time he edited a Republican paper in that city, but of late years he has been chiefly engaged in literary works, of which the principal one is the life and history of the late Secretary of War, Edwin M. Stanton. 106 JOURNAL OF SUPREME COURT HISTORY INDEX Page Attempted Assassination of Justice Field by a Former Associate on the State Supreme Bench........................................................................................... 107 Chapter I. The Sharon-Hill-Terry Litigation........................................................................... 107 Chapter II. Proceedings in the Superior Court of the State................................................... Ill Chapter III. Proceedings in the United States Circuit Court.................................................. 114 Chapter IV Decision ofthe Case in the Federal Court........................................................... 117 Chapter V The Marriage of Terry and Miss Hill.................................................................... 118 Chapter VI. The Bill ofRevivor.............................................................................................. 120 Chapter VII. The Terrys Imprisoned for Contempt................................................................ 121 Chapter VIII. Terry’s Petition to the Circuit Court for a Release—Its Refusal—He Appeals to the Supreme Court—Unanimous Decision against Him there................. 126 Chapter IX. President Cleveland Refuses to Pardon Terry—False Statements of Terry Refuted............................................................................................................... 131 Chapter X. Terry’s continued Threats to Kill Justice Field—Return ofthe Latter to California in 1889....................................................................................................... 135 Chapter XI. Further Proceedings in the State Court—Judge Sullivan’s Decision Reversed........................................................................................................... 136 Chapter XII. Attempted Assassination of Justice Field, Resulting in Terry’s Own Death at the Hands ofa Deputy United States Marshal............................................... 137 Chapter XIII. Sarah Althea Terry Charges Justice Field and Deputy Marshal Neagle with Murder..................................................................................................................... 145 Chapter XIV Justice Field’s Arrest and Petition for Release on Habeas Corpus................. 147 Chapter XV. Judge Terry’s Funeral—Refusal ofthe Supreme Court of California to Adjourn on the Occasion...................................................................... 149 Chapter XVI. Habeas Corpus Proceedings in Justice Field’s Case....................................... 150 Chapter XVII. Habeas Corpus Proceedings in Neagle’s Case............................................... 153 Chapter XVIII. Expressions of Public Opinion...................................................................... 161 Chapter XIX. The Appeal to the Supreme Court of the United States, and the Second Trial of Sarah Althea’s Divorce Case................................................... 179 Chapter XX. Concluding Observations................................................................................... 185 THE STORY OF THE ATTEMPTED ASSASSINATION 107 Attempted Assassination of Justice Field by a Former Associate on the State Supreme Bench. The most thrilling episode in the eventful life of Justice Field was his attempted assassina­ tion at Lathrop, California, on the 14th day of August, 1889, by David S. Terry, who had been ChiefJustice ofthe State during a portion of Justice Field’s service on that bench. Terry lost his own life in his desperate attempt, by the alertness and courage of David S. Neagle, a Deputy United States Marshal, who had been deputed by his principal, under an order from the Attorney-General of the United States, to protect Justice Field from the assassin, who had, for nearly a year, boldly and without con­ cealment, proclaimed his murderous purpose. The motive of Terry was not in any manner connected with their association on the State supreme bench, for there had never been any but pleasant relations between them. Terry resigned from the bench in 1859 to challenge Senator Broderick of California to the duel in which the latter was killed. He en­ tered the Confederate service during the war, and some time after its close he returned to California, and entered upon the practice of the law. In 1880 he was a candidate for Pres­ idential elector on the Democratic ticket. His associates on that ticket were all elected, while he was defeated by the refusal of a number of the old friends of Broderick to give him their votes. It is probable that his life was much em­ bittered by the intense hatred he had engen­ dered...