“That the said conspiracy is a crime against the United States, under the laws thereof, and was to be executed by an abuse of the process of the State court, two of said conspirators being officers of the said county of San Joaquin, one the district attorney and the other a justice of the peace, the one to direct and the other to issue the warrant upon which your petitioner could be arrested.

“And the petitioner further avers that the issue of said writ of habeas corpus and the discharge of your petitioner thereunder were and are essential to defeat the execution of the said conspiracy.

“And your petitioner further avers that the accusation of crime against him, upon which said warrant was issued, is a malicious and malignant falsehood, for which there is not even a pretext; that he neither advised nor had any knowledge of 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.