The wretched proceeding had already
brought upon its authors indignant denunciation and merciless ridicule
from every part of the Union. The attorney-general responded to the
call thus made upon him by instructing the district attorney to dismiss
the charge against Justice Field, because no evidence existed to
sustain it.
The rash young district attorney lost no time in extricating himself
from the position in which the arrest of Justice Field had placed
him. On the 26th of August, upon his motion, and the filing of the
attorney-general's letter, the charge against Justice Field was
dismissed by the justice of the peace who had issued the warrant
against him.
The dismissal of this charge released him from the sheriff's claim to
his custody, and the _habeas corpus_ proceedings in his behalf fell
to the ground. On the 27th, the day appointed for the further hearing,
the sheriff announced that in compliance with the order of the
magistrate he released Justice Field from custody, whereupon the case
of _habeas corpus_ was dismissed.
In making the order, Circuit Judge Sawyer severely animadverted on
what he deemed the shameless proceeding at Stockton. He said:
"We are glad that the prosecution of Mr. Justice Field has
been dismissed, founded, as it was, upon the sole, reckless,
and as to him manifestly false affidavit of one whose relation
to the matters leading to the tragedy, and whose animosity
towards the courts and judges who have found it their duty to
decide against her, and especially towards Mr.
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