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 the United
States that she had committed the forgery of the document produced in
that case, and had attempted to support it by perjury and subornation
of perjury, and had also been guilty of acts and conduct showing
herself to be an abandoned woman, without veracity. * * *
"Your petitioner further represents that the abandoned character of
the said Sarah Althea Terry, and the fact that she was found guilty
of perjury and forgery in the case above mentioned by the said
Circuit Court, and the fact of the revengeful malice entertained
toward your petitioner by said Sarah Althea Terry, are notorious in
the State of California, and are notorious in the city of Stockton,
and as your petitioner believes are well known to the district
attorney of the said county of San Joaquin, and also to the said
justice of the peace who issued the said warrant; and your petitioner
further alleges that had either of the said officers taken any pains
whatever to ascertain the truth in the case, he would have
ascertained and known that there was not the slightest pretext or
foundation for any such charge as was made, and also that the
affidavit of the said Sarah Althea Terry was not entitled to the
slightest consideration whatever.
Pages:
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378