Upon full consultation we thought it would be better
that it should not be done. The circumstances of Judge Terry's
death are notorious, and under these circumstances this court
had determined that it would be better to pass this matter in
silence, and not to take any action upon it; and that is the
order of the court."
The deceased had been a chief justice of the tribunal which, by its
silence, thus emphasized its condemnation of the conduct by which he
had placed himself without the pale of its respect.
CHAPTER XVII.
HABEAS CORPUS PROCEEDINGS IN JUSTICE FIELD'S CASE.
On Thursday, August 22d, the hearing of the _habeas corpus_ case of
Justice Field commenced in the United States Circuit Court, under
orders from the Attorney-General, to whom a report of the whole matter
had been telegraphed. The United States district attorney appeared
on behalf of Justice Field. In addition to him there also appeared as
counsel for Justice Field, Hon. Richard T. Mesick, Saml. M. Wilson,
Esq., and W.F. Herrin, Esq. The formal return of the writ of _habeas
corpus_ had been made by the sheriff of San Joaquin county on the
16th. To that return Justice Field presented a traverse, which was in
the following language, and was signed and sworn to by him:
"The petitioner, Stephen J. Field, traverses the return of the
sheriff of San Joaquin county, State of California, made by
him to the writ of _habeas corpus_ by the circuit judge on the
ninth circuit, and made returnable before the Circuit Court of
said circuit, and avers:
"That he is a justice of the Supreme Court of the United
States, allotted to the ninth judicial circuit, and is now and
has been for several weeks in California, in attendance upon
the Circuit Court of said circuit in the discharge of his
judicial duties; and, further, that the said warrant of the
justice of the peace, H.
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