ce Field, must
have been greatly soothed by the prospect of having yet another
chance at the latter's life, and, in any event, of seeing him in a
cell in the jail during the six days for which the examination could
be delayed for that express purpose. The sheriff of San Joaquin
county proceeded to San Francisco with the warrant for his arrest on
Thursday evening. In company with the chief of police and Marshal
Franks, he called upon Justice Field, and after a few moments'
conversation it was arranged that he should present the warrant at
one o'clock on the following day, at the building in which the
federal courts are held.
CHAPTER XV.
JUSTICE FIELD'S ARREST AND PETITION FOB RELEASE ON HABEAS CORPUS.
At the appointed hour Justice Field awaited the sheriff in his
chambers, surrounded by friends, including judges, ex-judges, and
members of the bar. As the sheriff entered Justice Field arose and
pleasantly greeted him. The sheriff bore himself with dignity, and
with a due sense of the extraordinary proceeding in which his duty as
an officer required him to be a participant. With some agitation he
said: "Justice Field, I presume you are aware of the nature of my
errand." "Yes," replied the Justice, "proceed with your duty; I am
ready. An officer should always do his duty." The sheriff stated to
him that he had a warrant, duly executed and authenticated, and asked
him if he should read it. "I will waive that, Mr. Sheriff," replied
the Justice. The sheriff then handed him the warrant, which he read,
folded it up and handed it back, saying pleasantly: "I recognize your
authority, sir, and submit to the arrest; I am, sir, in your custody."
Meanwhile a petition had been prepared to be presented to Judge Sawyer
for a writ of _habeas corpus_, returnable at once before the United
States court. As soon as the arrest was made the petition was signed
and presented to Judge Sawyer, who ordered the writ to issue returnable
forthwith. In a very few minutes U.S. Marshal Franks served the writ
on the sheriff.
While the proceedings looking to the issue of the writ were going
on, Justice Field had seated himself, and invited the sheriff to be
seated. The latter complied with the invitation, and began to say
something in regard to the unpleasant duty which had devolved upon
him, but Justice Field promptly replied: "Not so, not so; you are but
doing your plain duty, and I mine in submitting to arrest. It is the
first duty o
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