Copy of said
warrant and endorsement is annexed hereto, and made a part of
this return. Nevertheless, I have the body of the said Stephen
J. Field before the honorable court, as I am in the said writ
commanded.
"August 16, 1889.
"THOMAS CUNNINGHAM,
"_Sheriff, San Joaquin Co., California_."
In order to give the petitioner time to traverse the return if he
thought it expedient to do so, and to give him and the State time to
produce witnesses, the further hearing upon the return was adjourned
until the following Thursday morning, the 22d, and the petitioner was
released on his recognizance with a bond fixed at $5,000.
On the same day a petition on the part of Neagle was presented to
Judge Sawyer asking that a writ of _habeas corpus_ issue in his behalf
to Sheriff Cunningham. The petition was granted at once, and served
upon the sheriff immediately after the service of the writ issued on
behalf of Justice Field. Early on the morning of Saturday, August 17,
Neagle was brought from Stockton by the sheriff at 4:30 A.M. District
Attorney White and Mrs. Terry's lawyer, Maguire, were duly notified of
this movement and were passengers on the same train. At 10:30 Sheriff
Cunningham appeared in the Circuit Court with Neagle to respond to
the writ. He returned that he held Neagle in custody, under a warrant
issued by a justice of the peace of that county, a copy of which he
produced; and also a copy of the affidavit of Sarah Althea Terry
upon which the warrant was issued.
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