the intention of any one to commit the act which resulted in
the death of David S. Terry, and that he has not carried or
used any arm or weapon of any kind for nearly thirty years.

"All of which your petitioner is ready to establish by full
and competent proof.

"Wherefore your petitioner prays that he may be discharged
from said arrest and set at liberty.

"STEPHEN J. FIELD."

The facts alleged in this document were beyond dispute, and
constituted an outrageous crime, and one for which the conspirators
were liable to imprisonment for a term of six years, under section
5518 of the Revised Statutes of the United States. To this traverse
the counsel for the sheriff filed a demurrer, on the ground that it
did not appear by it that Justice Field was in custody for an act done
or omitted in pursuance of any law of the United States, or of any
order or process or decree of any court or judge thereof, and it did
not appear that he was in custody in violation of the Constitution
or any law or treaty of the United States. The case was thereupon
submitted with leave to counsel to file briefs at any time before the
27th of August, to which time the further hearing was adjourned.

Before that hearing the Governor of the State addressed the following
communication to the attorney-general:

"EXECUTIVE DEPARTMENT,
"STATE OF CALIFORNIA,
"SACRAMENTO, _August 21, 1889_.

"Hon. A.G. JOHNSTON,
"_Attorney-General, Sacramento_.

"DEAR SIR: The arrest of Hon. Stephen J. Field, a justice of
the Supreme Court of the United States, on the unsupported
oath of a woman who, on the very day the oath was taken, and
often before, threatened his life, will be a burning disgrace
to the State unless disavowed. I therefore urge upon you the
propriety of at once instructing the district attorney of San
Joaquin county to dismiss the unwarranted proceedings against
him.

"The question of the jurisdiction of the state courts in the
case of the deputy United States marshal, Neagle, is one for
argument. The unprecedented indignity on Justice Field does
not admit of argument.

"Yours truly,
"R.W. WATERMAN,
"_Governor_."

This letter of Governor Waterman rang out like an alarm bell, warning
the chief law officer of the State that a subordinate of his was
prostituting its judicial machinery to enable a base woman to put
a gross indig