Personal Reminiscences of Early Days in California with Other Sketches Part 15

THE STORY OF THE ATTEMPTED a.s.sa.s.sINATION OF JUSTICE FIELD

BY A FORMER a.s.sOCIATE ON THE SUPREME BENCH OF CALIFORNIA.

BY 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 of the U. . Circuit Court of the 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 Was.h.i.+ngton. For a part of the time he edited a Republican paper in that city, but of late years he has been chiefly engaged in literary works, of which the princ.i.p.al one is the life and history of the late Secretary of War, Edwin M. Stanton.

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INDEX.

ATTEMPTED a.s.sa.s.sINATION OF JUSTICE FIELD BY A FORMER a.s.sOCIATE ON THE STATE SUPREME BENCH

CHAPTER I The Sharon-Hill-Terry Litigation.

CHAPTER II Proceedings in the Superior Court of the State.

CHAPTER III Proceedings in the United States Circuit Court.

[Transriber's note: there is no Chapter IV]

CHAPTER V Decision of the Case in the Federal Court.

CHAPTER VI The Marriage of Terry and Miss Hill.

CHAPTER VII The Bill of Revivor.

CHAPTER VIII The Terrys Imprisoned for Contempt.

CHAPTER IX Terry's Pet.i.tion to the Circuit Court for a Release--Its Refusal--He Appeals to the Supreme Court--Unanimous Decision against Him there.

CHAPTER X President Cleveland refuses to Pardon Terry--False Statements of Terry Refuted.

CHAPTER XI Terry's continued Threats to Kill Justice Field--Return of the Latter to California in 1889.

CHAPTER XII Further Proceedings in the State Court.--Judge Sullivan's Decision Reversed.

CHAPTER XIII Attempted a.s.sa.s.sination of Justice Field, Resulting in Terry's own Death at the Hands of a Deputy United States Marshal.

CHAPTER XIV Sarah Althea Terry Charges Justice Field and Deputy Marshal Neagle with Murder.

CHAPTER XV Justice Field's Arrest and Pet.i.tion for Release on Habeas Corpus.

CHAPTER XVI Judge Terry's Funeral--Refusal of the Supreme Court of California to Adjourn on the Occasion.

CHAPTER XVII Habeas Corpus Proceedings in Justice Field's Case.

CHAPTER XVIII Habeas Corpus Proceedings in Neagle's Case.

CHAPTER XIX Expressions of Public Opinion.

CHAPTER XX The Appeal to the Supreme Court of the United States, and the Second Trial of Sarah Althea's Divorce Case.

CHAPTER XXI Concluding Observations.

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ATTEMPTED a.s.sa.s.sINATION OF JUSTICE FIELD BY A FORMER a.s.sOCIATE ON THE STATE SUPREME BENCH.

The most thrilling episode in the eventful life of Justice Field was his attempted a.s.sa.s.sination at Lathrop, California, on the 14th day of August, 1889, by David S. Terry, who had been Chief Justice of the 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 princ.i.p.al, under an order from the Attorney-General of the United States, to protect Justice Field from the a.s.sa.s.sin, who had, for nearly a year, boldly and without concealment, proclaimed his murderous purpose. The motive of Terry was not in any manner connected with their a.s.sociation 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 entered 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 Presidential elector on the Democratic ticket. His a.s.sociates 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 embittered by the intense hatred he had engendered among the friends of Broderick, and the severe censure of a large body of the people of the State, not especially attached to the political fortunes of the dead Senator. These facts are mentioned as furnis.h.i.+ng a possible explanation of Judge Terry's marked descent in character and standing from the Chief-Justices.h.i.+p of the State to being the counsel, partner, and finally the husband of the discarded companion of a millionaire in a raid upon the latter's property in the courts. It was during the latter stages of this litigation that Judge Terry became enraged against Justice Field, because the latter, in the discharge of his judicial duties, had been compelled to order the revival of a decree of the United States Circuit Court, in the rendering of which he had taken no part.

A proper understanding of this exciting chapter in the life of Justice Field renders necessary a narrative of the litigation referred to. It is doubtful if the annals of the courts or the pages of romance can parallel this conspiracy to compel a man of wealth to divide his estate with adventurers. Whether it is measured by the value of the prize reached for, by the character of the conspirators, or by the desperate means to which they resorted to accomplish their object, it stands in the forefront of the list of such operations.

CHAPTER I.

THE SHARON-HILL-TERRY LITIGATION.

The victim, upon a share of whose enormous estate, commonly estimated at $15,000,000, these conspirators had set their covetous eyes, was William Sharon, then a Senator from the State of Nevada. The woman with whom he had terminated his relations, because he believed her to be dangerous to his business interests, was Sarah Althea Hill.

Desirous of turning to the best advantage her previous connection with him, she sought advice from an old negress of bad repute, and the result was a determination to claim that she had a secret contract of marriage with him. This negress, who during the trial gave unwilling testimony to having furnished the sinews of war in the litigation to the extent of at least five thousand dollars, then consulted G.W.