disorderlyvision
08-16-2009, 01:47 PM
http://symonsez.wordpress.com/2009/08/14/scotus-justice-charged-with-murder-then-case-comes-back-to-his-own-court-ana-not-far-off/
On this date in 1889, US Supreme Court Justice Stephen J. Field was arrested for murder making him the only member of that body ever arrested for such a crime. The story goes back to a divorce case in which Justice Field ruled that the marriage between Sarah Althea Hill and a wealthy mine owner was invalid and she therefore was not entitled to any portion of his wealth. The court decision also declared the her new husband, David Terry, was also not entitled to the estate. David Terry was, like Field, a former California Supreme Court justice. The courtroom erupted into a brawl and Field ordered the couple jailed for contempt. The pair publically announced revenge on the Justice.
About a year later, Field and his bodyguard, US Marshal David Neagle, were riding on a train to San Francisco. Also on the train was Sarah and David Terry. At a stop in Stockton, California the Terrys spotted field in the station dining room. David went for Field while Sarah went back to the train. Dave slapped the Justice and Neagle pulled his revolver and told Dave to stop while identifying himself as an officer. David Terry started fumbling with his jacket. Neagle fatally shot David Terry as his wife came running up with a satchel holding a loaded gun. Neagle and Field were arrested on a murder charge.
Now, I’ve wondered why Field and Neagle would go for their guns so quickly over a slap. I mean, most men would punch him like John Wayne. It’s because this was not the first time that Terry had been involved in a shooting. In fact, several years before in 1859 it was Terry who had been arrested for killing another politician. Terry had been the Chief Justice of the California Supreme court but had lost an election from the bench. Senator David C Broderick was a colleague of Terry’s in the Democratic party. But, David Terry was a Southerner by birth and was pro-slavery while Broderick was against that institution. Terry had some unkind things to say about the faction in the Democratic party whom he felt had kept him to win election as Chief Justice of the CA Supreme Court. Broderick responded by saying unkind things and the pair ended up in a duel, which the sitting US Senator being gunned down by the former state supreme court justice. Terry was arrested but later released.
Like Terry years before, California’s Governor ordered Field released but Field’s story proved more interesting. That’s because the case against Neagle ended up…in the US Supreme Court (http://supreme.justia.com/us/135/1/) that ruled in a landmark decision that since Neagle was acting under federal authority, he could not be subject to California law. I suppose that is why no one ever asked the Texas justice system to charge the ATF agents with anything in the Waco/ Branch Davidian case several years ago. I suppose that Field probably recused himself from the case but it may be the only case in which a sitting Supreme Court Justice was actively involved in a situation that set a legal precedent.
On this date in 1889, US Supreme Court Justice Stephen J. Field was arrested for murder making him the only member of that body ever arrested for such a crime. The story goes back to a divorce case in which Justice Field ruled that the marriage between Sarah Althea Hill and a wealthy mine owner was invalid and she therefore was not entitled to any portion of his wealth. The court decision also declared the her new husband, David Terry, was also not entitled to the estate. David Terry was, like Field, a former California Supreme Court justice. The courtroom erupted into a brawl and Field ordered the couple jailed for contempt. The pair publically announced revenge on the Justice.
About a year later, Field and his bodyguard, US Marshal David Neagle, were riding on a train to San Francisco. Also on the train was Sarah and David Terry. At a stop in Stockton, California the Terrys spotted field in the station dining room. David went for Field while Sarah went back to the train. Dave slapped the Justice and Neagle pulled his revolver and told Dave to stop while identifying himself as an officer. David Terry started fumbling with his jacket. Neagle fatally shot David Terry as his wife came running up with a satchel holding a loaded gun. Neagle and Field were arrested on a murder charge.
Now, I’ve wondered why Field and Neagle would go for their guns so quickly over a slap. I mean, most men would punch him like John Wayne. It’s because this was not the first time that Terry had been involved in a shooting. In fact, several years before in 1859 it was Terry who had been arrested for killing another politician. Terry had been the Chief Justice of the California Supreme court but had lost an election from the bench. Senator David C Broderick was a colleague of Terry’s in the Democratic party. But, David Terry was a Southerner by birth and was pro-slavery while Broderick was against that institution. Terry had some unkind things to say about the faction in the Democratic party whom he felt had kept him to win election as Chief Justice of the CA Supreme Court. Broderick responded by saying unkind things and the pair ended up in a duel, which the sitting US Senator being gunned down by the former state supreme court justice. Terry was arrested but later released.
Like Terry years before, California’s Governor ordered Field released but Field’s story proved more interesting. That’s because the case against Neagle ended up…in the US Supreme Court (http://supreme.justia.com/us/135/1/) that ruled in a landmark decision that since Neagle was acting under federal authority, he could not be subject to California law. I suppose that is why no one ever asked the Texas justice system to charge the ATF agents with anything in the Waco/ Branch Davidian case several years ago. I suppose that Field probably recused himself from the case but it may be the only case in which a sitting Supreme Court Justice was actively involved in a situation that set a legal precedent.