MY DEAR SIR: I have received your note and the printed record of the

"Proceedings of the Assembly of the State of California of 1851,

on the petition of the citizens of Yuba and Nevada Counties for the

impeachment of Wm. R. Turner, Judge of the Eighth Judicial District

of California." The simple reading of the record recalls vividly to my

mind all of the circumstances of the case and enables me to answer

your inquiry in regard to the indefinite postponement of the motion

to impeach Judge Turner.

A bill introduced by yourself, increasing and changing the numbers of

the judicial districts of the State, had passed the Legislature, and

became a law some weeks before the motion to impeach Judge Turner was

called up. By this law Judge Turner was banished to the Klamath--a

region inhabited almost exclusively by savage red-skins, the elk, and

grizzly bear, and as Turner was supposed by anthropologists to be a

resultant of that mysterious law of generation denominated atavism or

reversionary heredity, and bore the impression, in not only the

bodily form, but the instincts, passions, manners, and habits of the

"cave-dwellers" of the rough-stone age, there appeared to be a fitness

and adaptation in the new locality and its surroundings to the man,

which was at once appreciated and approved by all persons familiar

with him, and his conduct and behavior, both on and off the bench.

Under these circumstances the report obtained general credence, that

you and your constituents were satisfied with the removal of Judge

Turner from the bench of the Eighth Judicial District; and I have no

doubt influenced all or nearly all who voted to indefinitely postpone

his impeachment.

As for myself, having a personal knowledge of the truth of the charges

made against Judge Turner by the citizens of Yuba and Nevada Counties,

I am free to say that no consideration other than that you and your

constituents were satisfied with Judge Turner's removal from the

Eighth Judicial District, could have induced me to cast my vote for

the indefinite postponement of Judge Turner's impeachment.

Do you realize the fact, my dear Judge, that more than a quarter of a

century has elapsed since these events transpired? Though my respect

for you as a man, and my admiration for you as a jurist, have

increased since we were actors in these scenes; yet I am frank enough

to say to you, that if I had to play my part again, with my increased

experience, I would not vote to indefinitely postpone the impeachment

of a judge whom I knew to be guilty of the charges made against Judge

Turner by yourself and others, _even though the report were true_

that you and your constituents were satisfied with his simple removal

from your judicial district.

Respectfully and truly yours, &c.,

JOS. W. MCCORKLE.

* * * * *

_Letter of Mr. Bradford._

SPRINGFIELD, ILL, _May 8th, 1879_.

JUDGE FIELD.

MY DEAR FRIEND: Yours of the 27th April should have been answered ere

this, but before doing so I desired to get all the reminders that I

could. I looked carefully over the journal. All that I had

recollected in the whole matter was that I had an intense feeling in

favor of sustaining your position, and when you informed me that I

had voted to dismiss the proceedings I was profoundly astonished.

I thought you must be mistaken until I saw the journal....

Some very satisfactory assurance must have been given me that such

vote would be satisfactory to you, and I only wonder that I did not

have the assurance verified.... I assume that the Editor is correct in

the explanation as given.

Very truly, J.S. BRAFORD.

* * * * *

_Letter of Mr. Carr._

SAN FRANCISCO, _May 15th, 1879_.

MY DEAR JUDGE: I have received your letter and a printed copy of the

record of the proceedings of the Assembly of California of 1851, in

the matter of the impeachment of William R. Turner, Judge of the then

Eighth Judicial District of the State. In reply, I have to say,

that the statement of the Editor as to the vote on the motion to

indefinitely postpone the proceedings is correct, so far as I am

concerned.

It was distinctly understood by me, and to my knowledge by other

members of the Assembly, that you had consented to such postponement,

it being explained that the postponement was not to be taken as an

approval of the Judge's conduct. On no other ground could the motion

have been carried. If the vote had been taken on the charges made,

articles of impeachment against the Judge would undoubtedly have been

ordered.

Your consent to the postponement was understood to have been given,

because of the change in the judicial districts by an act introduced

into the Assembly by yourself, under which Judge Turner was sent to

a district in the northern part of the State, where there was at the

time scarcely any legal business, and which was removed to a great

distance from the district in which you resided, and because of the

general desire manifested by others to bring the session of the

Legislature to a speedy close. The impeachment of the Judge would have

necessitated a great prolongation of the session.

No member of the Assembly justified or excused the atrocious and

tyrannical conduct of the Judge towards yourself and others.

I am, very truly, yours,

JESSE D. CARR.

HON. STEPHEN J. FIELD.

[1] By mistake, there are two Exhibits H; they are, therefore,

marked No. I. and No. II.

* * * * *

EXHIBIT H, No. II.

_Letter of Judge Gordon N. Mott giving the particulars of the

difficulty with Judge Barbour._

SAN FRANCISCO, _Apr. 28th, 1876_.

HON. STEPHEN J. FIELD.

DEAR SIR: Your letter of the eleventh instant, in which you requested

me to give you, in writing, an account of the affair between yourself

and Judge W.T. Barbour, at Marysville in 1853, was duly received.

The facts in relation to that unpleasant affair are as fresh in my

memory as if they had happened yesterday; and I give them to you the

more willingly for the reason that you incurred the spite and malice

of Judge Barbour, by acts of personal and professional kindness to me,

which gave him no just or reasonable cause of offence; and though

the following statement of facts will place the character of Judge

Barbour, now deceased, in a very bad and even ludicrous light, the

events in mind are nevertheless a part of the history of our early

days in California, and I see no impropriety in complying with your

request. The facts are as follows: You and I were walking together

along D street in the city of Marysville, when we met Judge Barbour,

who, after using some offensive and insolent remarks, gave you a

verbal challenge to meet him in the way resorted to by gentlemen

for the settlement of their personal difficulties. You accepted the

challenge instantly, and referred him to me, as your friend, who

would act for you in settling the preliminaries of a hostile meeting.

In half an hour I was called upon by Hon. Chas. S. Fairfax as the

friend of Judge Barbour. He said Judge Barbour had told him that Judge

Field had challenged him to mortal combat, and requested him to meet

me for the purpose of arranging the terms of the meeting between them.

I told Mr. Fairfax at once that such was not my understanding of

the matter; that I was present when the challenge was given by Judge

Barbour and accepted by Judge Field. After further consultation with

you we agreed that it was better for you to accept the false position

in which Judge Barbour seemed determined to place you, and "to

fight it out on that line," than longer submit to the insolence and

persecution of a bitter and unscrupulous adversary. Mr. Fairfax

then claimed, in behalf of Judge Barbour, that, as he was the party

challenged, he had the right to the choice of weapons, and the time,

place, and manner of the combat; to which I assented. He then stated

that Judge Barbour proposed that the meeting should take place that

evening in a room twenty feet square; that each party was to be armed

with a Colt's navy revolver and a _Bowie-knife_; that they should be

stationed at opposite sides of the room, and should fire at the word,

and advance at pleasure, and finish the conflict with the knives. I

told Mr. Fairfax that the terms proposed by his principal were unusual

and inconsistent with the "code," and that I could not consent to them

or countenance a conflict so unprecedented and barbarous. Mr. Fairfax

agreed with me that Judge Barbour had no right to insist upon the

terms proposed, and said that he would consult with him and get him

to modify his proposition. Upon doing so he soon returned, and stated

that Judge Barbour insisted upon the terms he had proposed as his

ultimatum, and requested me to go with him and call on Judge Barbour,

which I did. I had now come to the conclusion that Barbour was playing

the role of the bravo and bully, and that he did not intend to fight,

and resolved on the course that I would pursue with him. Mr. Fairfax

and myself then called on Judge Barbour, and I repeated what I

had said to Mr. Fairfax, adding that it would be shameful for two

gentlemen, occupying such positions as they in society, to fall upon

each other with knives like butchers or savages, and requesting him to

dispense with the knives, which he still refused to do. I then looked

him straight in the eye and said, well, sir, if you insist upon those

terms, we shall accept. I saw his countenance change instantly. "His

coward lips did from their color fly;" and he finally stammered

out that he would "waive the knife." Without consulting you, I

had determined that if Barbour still insisted upon a conflict with

Bowie-knives I would take your place, believing that he would not

have any advantage over me in any fight he could make; and knowing,

moreover, that you had involved yourself in the difficulty on

my account, I thought it only just for me to do so. But it was

demonstrated in the sequel that Barbour was playing the game of bluff,

and that he did not intend to fight from the start. It was finally

settled, however, that the combat should take place as first proposed,

except that pistols only were to be used. Mr. Fairfax and myself then

commenced looking about for a room; but in the meantime the affair

had been noised about town and we found it impossible to get one.

Mr. Fairfax then, after consulting Judge Barbour, proposed that the

meeting should take place the next morning in Sutter County; to which

I assented; and all the terms and preliminaries were arranged and

agreed upon. At that time there were two daily lines of stages leaving

Marysville for Sacramento, and you and your friends were to go down

the Sacramento road to a point below Bear River in advance of the

stages, and I was to select a suitable place for the meeting. Judge

Barbour and his friends were to follow us in one of the coaches and I

was to hail the driver as he approached the place of meeting. You

and your adversary were to be stationed one hundred yards apart, each

armed with as many Colt's revolvers as he chose to carry; to fire

upon each other at the word, and to advance at pleasure and finish the

conflict. Our party was promptly on the ground according to agreement;

and when the first coach came in sight I hailed the driver and found

that Judge Barbour and his friends were not aboard, and the coach

passed on a little below us and turned out of the road and stopped.

Soon after the other coach came in sight, and I again hailed the

driver, who stopped the coach, and Judge Barbour instantly jumped out,

and in a very excited manner said that he was going forward to the

other coach, and called on the passengers "to take notice, that if

that d----d rascal" (pointing to you) "attacked him he would kill

him." I stepped in front of Judge Barbour and said: Hold! Judge Field

will not attack you, sir; remarking at the same time to Mr. Fairfax

that this was strange conduct on the part of his friend, and not in

accordance with our understanding and agreement; that each party was

to bear his portion of the responsibility of the meeting which was to

take place between them. Mr. Fairfax appeared both astonished and

mortified at the pusillanimous conduct of his principal, who seemed

determined to rush forward to the other coach; and I requested him to

wait until I could go back and consult you in the matter, for I was

afraid that you might possibly be provoked to make the attack. When

I returned to you and explained what had been said at the coach, you

asked if it would be proper for you to make the attack. I told you

most decidedly not; to let the coward go, and he would never annoy or

trouble you again. Mr. Fairfax, who possessed a nice sense of honor,

and was a gallant and accomplished gentleman, was so disgusted and

mortified at the conduct of his principal that he left him and came

over and joined our party, and after taking breakfast with us at

Nicolaus, returned with us to Marysville, while Judge Barbour went on

his way to Sacramento. Thus, what threatened in its inception to be

a sanguinary tragedy, ended in a ridiculous farce. The determined and

resolute stand which you assumed in this affair with Judge Barbour,

saved you from any farther insolence or persecution from men of his

class.

This letter has been drawn out to a most tedious length, and yet there

are many circumstances connected with our early life and times in

Marysville that I would add but for fear of trying your patience.

Please write to me on receipt of this, and tell me how my memory of

the facts contained in this letter agrees with yours.

Very respectfully and truly your friend,

GORDON N. MOTT.

* * * * *

EXHIBIT I.

_Letter of L. Martin, Esq., the friend of Judge Barbour in his street

attack._

MARYSVILLE, _Tuesday, March 21, '54_.

DEAR JUDGE: I was glad to hear a few days ago from our friend Filkins

that the trouble between you and Judge Barbour had been settled, and

that the hatchet was buried.

I wish now to explain my connection with the assault made upon you

about a year ago by Barbour.[1] You have always appeared to think me

in some way implicated in that affair, because I was seen by you at

that time not far off from him. The facts are these: Judge Barbour

told me the night before that he expected to have a street fight

with you, and wanted me to accompany him. I had heard of his conduct

in the affair of the intended duel in Sutter County, and knew there

was bad blood between you, but I was astonished at his saying there

was going to be a difficulty between you in the street. I consented

to accompany him, but I supposed of course that you had received

notice of his purpose, and that there would be no unfair advantage

taken by him. I was, therefore, surprised when I saw you in front of

your office with your arms partly filled with small pieces of board,

apparently to kindle a fire. Barbour's drawing a pistol upon you

under these circumstances, and calling upon you to draw and defend

yourself, was not what we call at the South very chivalric. It was

not justified by me then, and never has been in any way or manner,

and I told him he had acted badly. I was glad to hear you defy him

as you did, and dare him to shoot. I reckon he is not very proud of

his conduct. I have never approved of his action, and should never

have accompanied him had I believed or suspected he had not given

you notice of his purpose.

With great respect I am very truly yours,

L. MARTIN.

HON. JUDGE FIELD.

[1] It was February 21, 1863.

* * * * *

EXHIBIT J.

_Sections four, five, and seven of the act entitled "An act

to expedite the settlement of titles to lands in the State of

California," approved July 1st, 1864._

SEC. 4. _And be it further enacted_, That whenever the district judge

of any one of the district courts of the United States for California

is interested in any land, the claim to which, under the said act of

March third, eighteen hundred and fifty-one, is pending before him on

appeal from the board of commissioners created by said act, the said

district court shall order the case to be transferred to the Circuit

Court of the United States for California, which court shall thereupon

take jurisdiction and determine the same. The said district courts

may also order a transfer to the said circuit court of any other cases

arising under said act, pending before them, affecting the title to

lands within the corporate limits of any city or town, and in such

cases both the district and circuit judges may sit.

SEC. 5. _And be it further enacted_, That all the right and title of

the United States to the lands within the corporate limits of the

city of San Francisco, as defined in the act incorporating said city,

passed by the Legislature of the State of California, on the fifteenth

of April, one thousand eight hundred and fifty-one, are hereby

relinquished and granted to the said city and its successors, for the

uses and purposes specified in the ordinance of said city, ratified by

an act of the Legislature of the said State, approved on the

eleventh of March, eighteen hundred and fifty-eight, entitled "An

act concerning the city of San Francisco, and to ratify and confirm

certain ordinances of the common council of said city," there being

excepted from this relinquishment and grant all sites or other parcels

of lands which have been, or now are, occupied by the United States

for military, naval, or other public uses, [or such other sites or

parcels as may hereafter be designated by the President of the

United States, within one year after the rendition to the General

Land-Office, by the surveyor-general, of an approved plat of the

exterior limits of San Francisco, as recognized in this section, in

connection with the lines of the public surveys: _And provided_, That

the relinquishment and grant by this act shall in no manner interfere

with or prejudice any bona fide claims of others, whether asserted

adversely under rights derived from Spain, Mexico, or the laws of

the United States, nor preclude a judicial examination and adjustment

thereof.]

SEC. 7. _And be it further enacted_, That it shall be the duty of the

Surveyor-General of California, in making surveys of the private land

claims finally confirmed, to follow the decree of confirmation as

closely as practicable whenever such decree designates the specific

boundaries of the claim. But when such decree designates only the

out-boundaries within which the quantity confirmed is to be taken, the

location of such quantity shall be made, as near as practicable, in

one tract and in a compact form. And if the character of the land, or

intervening grants, be such as to render the location impracticable

in one tract, then each separate location shall be made, as near

as practicable, in a compact form. And it shall be the duty of the

Commissioner of the General Land-Office to require a substantial

compliance with the directions of this section before approving any

survey and plat forwarded to him.--[13 Stats. at Large, pp. 333-4.]

That part of the fifth section, which is included within brackets,

was inserted at the suggestion of the Commissioner of the General

Land-Office.

* * * * *

_The act entitled "An act to quiet the title to certain lands within

the corporate limits of the city of San Francisco," approved March

8th, 1866._

_Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled_, That all the right

and title of the United States to the land situated within the

corporate limits of the city of San Francisco, in the State of

California, confirmed to the city of San Francisco by the decree of

the Circuit Court of the United States for the Northern District of

California, entered on the eighteenth day of May, one thousand eight

hundred and sixty-five, be, and the same are hereby, relinquished and

granted to the said city of San Francisco and its successors, and

the claim of the said city to said land is hereby confirmed, subject,

however, to the reservations and exceptions designated in said decree,

and upon the following trusts, namely, that all the said land, not

heretofore granted to said city, shall be disposed of and conveyed by

said city to parties in the bona fide actual possession thereof, by

themselves or tenants, on the passage of this act, in such quantities

and upon such terms and conditions as the legislature of the State

of California may prescribe, except such parcels thereof as may be

reserved and set apart by ordinance of said city for public uses:

_Provided, however_, That the relinquishment and grant by this act

shall not interfere with or prejudice any valid adverse right or

claim, if such exist, to said land or any part thereof, whether

derived from Spain, Mexico, or the United States, or preclude a

judicial examination and adjustment thereof.--[14 Stat. at Large, p.

4.]

* * * * *

EXHIBIT K.

_Letter of Judge Lake giving an account of the torpedo._

SAN FRANCISCO, _April 29, '80_.

Honorable STEPHEN J. FIELD.

MY DEAR SIR: In the winter of 1866 I was in Washington attending the

United States Supreme Court, and was frequently a visitor at your

room.

One morning in January of that year I accompanied you to your room,

expecting to find letters from San Francisco, as I had directed that

my letters should be forwarded to your care. I found your mail lying

on the table. Among other matter addressed to you was a small package,

about four inches square, wrapped in white paper, and bearing the

stamp of the Pioneer Photographic Gallery of San Francisco. Two

printed slips were pasted upon the face of the package and formed

the address: Your name, evidently cut from the title-page of the

"California Law Reports;" and "Washington, D.C.," taken from a

newspaper. You supposed it to be a photograph, and said as much to me,

though from the first you professed surprise at the receipt of it.

You were standing at the window, when you began to open it, and had

some difficulty in making the cover yield. When you had removed the

cover you raised the lid slightly, but in a moment said to me, "What

is this, Lake? It can hardly be a photograph." A sudden suspicion

flashed upon me, and stepping to your side, I exclaimed, "Don't open

it; it means mischief!"

When I had looked at it more nearly, I said, "It's an infernal

machine" or "a torpedo." I carried it over to the Capitol, opposite to

your rooms, where Mr. Broom, one of the clerks of the Supreme Court,

joined me in the examination of your mysterious looking present. It

was put in water, and afterwards we dashed off the lid of the box

by throwing it against the wall in the carriage way under the Senate

steps. About a dozen copper cartridges were disclosed--those used in a

Smith & Wesson pocket pistol, it appeared afterward--six of them lying

on each side of a bunch of friction matches in the centre. The sides

of the cartridges had been filed through, so that the burning of the

matches might explode the cartridges. The whole was kept in place in

a bed of common glue, and a strip of sand-paper lying upon the heads

of the matches was bent into a loop to receive the bit of thread,

whose other end, secured to the clasp of the box, produced that

tension and consequent pressure requisite to ignite the matches upon

the forcible opening of the lid. To make assurance doubly sure, a

paste of fulminating powder and alcohol had been spread around the

matches and cartridges.

There was a newspaper slip also glued to the inside of the lid, with

words as follows: "Monday, Oct. 31, 1864. The City of San Francisco

vs. United States. Judge Field yesterday delivered the following

opinion in the above case. It will be read with great interest by the

people of this city." Then followed several lines of the opinion. Even

that gave no clue to the source of the infernal machine, but from the

fact that it was evidently made by a scientific man, and that from its

size it must have been passed through the window at the post office,

instead of into the letter-box, it was thought [that there was] a

sufficiently conspicuous mode of action to expose the sender of the

torpedo to detection. Whoever it may have been took a late vengeance

for the decision of the Pueblo case--if such was the veritable motive

of the frustrated assassination--as the decision referred to was

rendered in 1864. On that account it was conjectured that the

contriver of the machine might be some guilty person, who had received

sentence from you, and who used the reference to the Pueblo case to

divert suspicion from himself.

So far as I know, all efforts to discover the author of the intended

mischief have been fruitless.

The box with its contents, was sent to the Secretary of War, who

directed an examination by the Ordnance Department. General Dyer, then

Chief of Ordnance, pronounced it a most cleverly combined torpedo,

and exploded one of the cartridges in a closed box, producing a deep

indentation upon its sides.

General Dyer added, among other analytical details, that the ball

weighed 52 grains.

All the circumstances connected with the reception of the infernal

machine were too singular and, at that time, ominous, not to remain

vividly impressed upon my memory.

Very truly, your friend,

DELOS LAKE.

* * * * *

EXHIBIT L.

_The following is an extract from the Report to the Commissioner

of the General Land-Office by the Register and Receiver of the

Land-Office in California, to whom the matter of the contests for

lands on the Soscol Ranch was submitted for investigation, showing the

condition and occupation of the lands previous to the rejection of the

grant by the Supreme Court of the United States, and the character of

the alleged pre-emption settlements which Julian undertook to defend._

A general report of the facts established by said evidence is briefly

as follows:[1] When the United States government took possession of

California, Don Mariana Guadaloupe Vallejo was in the occupancy of the

rancho of Soscol, claiming to own it by virtue of the grant from the

Mexican nation, which has recently (December term, 1861) been declared

invalid by the Supreme Court of the United States. His occupancy was

the usual one of the country and in accordance with the primitive

habits of the people. He possessed the land by herding stock upon it.

General Vallejo, as military commandante of his district, consisting

of all Alta California lying north of the bay of San Francisco, was

necessarily the leading personage of the country. His influence among

the rude inhabitants of the Territory was almost monarchical, and his

establishment was in accordance with his influence. His residence

at Sonoma was the capital of his commandancy, and the people of the

country for hundreds of miles around looked to General Vallejo for

advice and assistance in business and for protection and defence in

time of trouble. These things are part of the history of California.

He had other ranches besides that of Soscol, as that at Sonoma, which

was devoted to agriculture and residences.

The Soscol he especially devoted to the herding and grazing of stock,

for which purpose it was most admirably adapted. Wild oats grew in

great luxuriance all over this tract, from the water's edge to

the tops of the highest hills, and being surrounded on three sides by

the waters of the bays and rivers, required little attention in the

way of herdsmen.

On this rancho General Vallejo kept as many as fifteen thousand head

of horses and horned cattle running at will, attended only by the

necessary vaqueros employed to watch and attend them.

There was no other use to which the land could at that time be

devoted. The want of reliable labor and lack of a market both forbade

agricultural operations beyond personal or family necessities. It was

not practicable then, nor for years after, to put the land to any use

other than stock pasturing.

We have, therefore, to report that the possession that General Vallejo

had of "Soscol" in 1846 was the usual use and possession of the time

and the country, and that it was the best and most perfect use and

occupation of which the land was capable.

The rancho was, therefore, reduced to possession by General Vallejo

before the Americans took possession of the country.

Soon after the American occupation or conquest, General Vallejo began

to sell off portions of the "Soscol," and continued this practice

until about the year 1855, at which time he sold the last of it, and

does not appear to have had or claimed any interest since.

This sale and consequent dividing the land into small parcels produced

its usual effect in the way of improvements.

From 1855 to 1860 the "rancho of Soscol" was almost entirely reduced

to absolute and actual possession and control by his vendees, being by

them fenced up into fields, surrounded by substantial enclosures, and

improved with expensive farm-houses, out-buildings, orchards, and the

like, and was cultivated to grain wherever suitable for that purpose.

It had upon it two cities of considerable importance, viz: Benicia and

Vallejo, each of which had been at one time the capital of the State

of California.

No rural district of California was more highly improved than this,

and but a very small portion equal to it.

The title to "Soscol," before its rejection by the United States

Supreme Court, was considered the very best in all California. All the

really valuable agricultural land in California was held under Mexican

grants, and, as a consequence, all had to pass the ordeal of the Land

Commission.

From 1853 to about 1860 very few had been finally passed upon by

the courts, so that during that time the question for the farmer to

decide was not what title is perfect, but what title is most likely to

prove so by the final judgment of the Supreme Court.

Amongst the very best, in the opinion of the public, stood "Soscol."

One conclusive, unanswerable proof of that fact is this, that there

was not a single settler on the grant at the time it was rejected. Not

one person on it, except in subordination to the Vallejo title. Every

resident on the whole tract held his land by purchase from Vallejo,

or his assigns, and held just precisely the land so purchased, and

not one acre more or less. This fact was not even disputed during the

whole eight months of investigation through which we have just passed.

It is a notorious fact that of the grants in California which have

stood the test of the Supreme Court, very many have been entirely

in the possession of squatters, and all with more or less of such

possessions, and the final patent has alone succeeded in recovering

the long-lost possession to the grantholder. There were no settlers on

the "Soscol." The people had the most perfect confidence in the title.

It had been twice confirmed by tribunals of high authority and great

learning--first by the United States Land Commission, and then by the

District Court of the United States.

It only wanted the final confirmation by the Supreme Court, and none

doubted that it would follow of course. Business could not, and would

not, await the nine years consumed in adjudicating this title. Farmers

were obliged to have lands, and they bought them. Capital must and

would seek investment, and it was lent on mortgage. When all

titles required the same confirmatory decree, the citizen could not

discriminate, but exercised his best judgment.

The sales of lands upon the "Soscol" were made at prices which called

for perfect title; they brought the full improved value of the land.

Money was lent on mortgage in the same way.

The deeds and mortgages, which accompany the respective cases, are

the very best evidence of the opinion the public entertained of the

character of the Soscol grant title. The people were amazed when it

was announced that the Soscol grant had been rejected.

No fact developed by this examination has appeared so surprising

to the mind of the register and receiver as that there were no

pre-emption settlers on the "Soscol." This is so unusual in California

that we expected to find the contrary. There was no possession on the

tract adverse to the grant title.

Thus stood matters until early in the year 1862, when the intelligence

reached California that the grant had been rejected by the Supreme

Court. The struggle soon began. There was at that time employed upon

the United States navy-yard at Mare Island, and also upon the Pacific

Mail Company's works at Benicia, a large number of mechanics and

laborers. There was also in the towns of Benicia and Vallejo a large

floating population. Tempted by the great value of these lands in

their highly improved state, many of these persons squatted upon the

rancho.

The landholders in possession resisted.

The houses of the great majority of the settlers were erected in

the night time, as it was necessary to enter the enclosed fields

by stealth. These houses were built of rough redwood boards set up

edgewise, with shed roof, and without window, fire place, or floor.

They were about eight feet square, sometimes eight by ten feet, and

never over six feet high.

We have no hesitation in saying that they were utterly unfit for the

habitation of human beings, and further that they were never designed

for permanent residences. The mode of erecting these shanties was as

follows: The planks were sawed the right length in the town of Vallejo

or Benicia, in the afternoon of the day, and at nightfall were loaded

upon a cart. About eleven o'clock at night the team would start for

the intended settlement, reaching there about one or two o'clock in

the morning. Between that hour and daylight the house would be erected

and finished. Sometimes the house would be put together with nails,

but when too near the residence of the landholder in possession,

screws would be used to prevent the sound of the hammer attracting

attention. Very few of this class of settlers remained upon their

claims above a few days, but soon returned to their ordinary

occupations in the towns.

Generally after they would leave the landholders would remove the

shanties from the ground. In some cases they would pull them down with

force immediately upon discovering them, and in the presence of the

settlers.

A few of them got settlements near enough to their places of

employment to enable them to work in town, or at the navy-yard, and

to sleep in their shanties; some regularly, others only occasionally.

These generally remained longer than the others, but none of this

class remained up to the time of trial.

None of the settlers, who went on since the grant was rejected,

have attempted regular improvements or cultivation. A few have

harvested the grain planted by the landholders, as it grew on their 1/4

[quarter-section]; they would harvest it, and offer this as evidence

of good faith and cultivation.

We have no hesitation in pronouncing, from the evidence, that these

are not settlers within the spirit of the pre-emption laws, but are

mere speculators, desirous of getting the improvements of another to

sell and to make money.

[1] The evidence taken before those officers.

* * * * *

The preceding Personal Reminiscences of Early Days in California

by Judge Field, with other sketches, were dictated by him to a

stenographer in the summer of 1877, at San Francisco. They were

afterwards printed for a few friends, but not published. The edition

was small and soon exhausted, and each year since the Judge has been

asked for copies. The reprint is therefore made.

The history of the attempt at his assassination by a former associate

on the supreme bench of California is added. It is written by Hon.

George C. Gorham, a warm personal friend of the Judge for many years,

who is thoroughly informed of the events described.

* * * * *

THE STORY OF THE ATTEMPTED ASSASSINATION OF JUSTICE FIELD

BY A FORMER ASSOCIATE ON THE SUPREME BENCH OF CALIFORNIA.

BY HON. GEORGE C. GORHAM.

NOTE BY THE PUBLISHERS.

Mr. Gorham is a life-long friend of Justice Field. He was his clerk

when the latter held the Alcalde's Court in Marysville, in 1850; and

was Clerk of the U. . Circuit Court of the District of California when

it was organized, after Judge Field's appointment to the U.S. Supreme

Bench. Subsequently, and for several years, he was Secretary of

the U.S. Senate. Since his retirement from office he has resided in

Washington. For a part of the time he edited a Republican paper in

that city, but of late years he has been chiefly engaged in literary

works, of which the principal one is the life and history of the late

Secretary of War, Edwin M. Stanton.

* * * * *

INDEX.

ATTEMPTED ASSASSINATION OF JUSTICE FIELD BY A FORMER ASSOCIATE ON

THE STATE SUPREME BENCH

CHAPTER I The Sharon-Hill-Terry Litigation.

CHAPTER II Proceedings in the Superior Court of the State.

CHAPTER III Proceedings in the United States Circuit Court.

[Transriber's note: there is no Chapter IV]

CHAPTER V Decision of the Case in the Federal Court.

CHAPTER VI The Marriage of Terry and Miss Hill.

CHAPTER VII The Bill of Revivor.

CHAPTER VIII The Terrys Imprisoned for Contempt.

CHAPTER IX Terry's Petition to the Circuit Court for a

Release--Its Refusal--He Appeals to the Supreme

Court--Unanimous Decision against Him there.

CHAPTER X President Cleveland refuses to Pardon Terry--False

Statements of Terry Refuted.

CHAPTER XI Terry's continued Threats to Kill Justice Field--Return

of the Latter to California in 1889.

CHAPTER XII Further Proceedings in the State Court.--Judge

Sullivan's Decision Reversed.

CHAPTER XIII Attempted Assassination of Justice Field, Resulting in

Terry's own Death at the Hands of a Deputy United

States Marshal.

CHAPTER XIV Sarah Althea Terry Charges Justice Field and Deputy

Marshal Neagle with Murder.

CHAPTER XV Justice Field's Arrest and Petition for Release on

Habeas Corpus.

CHAPTER XVI Judge Terry's Funeral--Refusal of the Supreme Court

of California to Adjourn on the Occasion.

CHAPTER XVII Habeas Corpus Proceedings in Justice Field's Case.

CHAPTER XVIII Habeas Corpus Proceedings in Neagle's Case.

CHAPTER XIX Expressions of Public Opinion.

CHAPTER XX The Appeal to the Supreme Court of the United States,

and the Second Trial of Sarah Althea's Divorce Case.

CHAPTER XXI Concluding Observations.

* * * * *

ATTEMPTED ASSASSINATION OF JUSTICE FIELD BY A FORMER ASSOCIATE ON THE

STATE SUPREME BENCH.

The most thrilling episode in the eventful life of Justice Field was

his attempted assassination at Lathrop, California, on the 14th day

of August, 1889, by David S. Terry, who had been Chief Justice of the

State during a portion of Justice Field's service on that bench.

Terry lost his own life in his desperate attempt, by the alertness and

courage of David S. Neagle, a Deputy United States Marshal, who

had been deputed by his principal, under an order from the

Attorney-General of the United States, to protect Justice Field

from the assassin, who had, for nearly a year, boldly and without

concealment, proclaimed his murderous purpose. The motive of Terry

was not in any manner connected with their association on the State

supreme bench, for there had never been any but pleasant relations

between them.

Terry resigned from the bench in 1859 to challenge Senator Broderick

of California to the duel in which the latter was killed. He entered

the Confederate service during the war, and some time after its close

he returned to California, and entered upon the practice of the law.

In 1880 he was a candidate for Presidential elector on the Democratic

ticket. His associates on that ticket were all elected, while he was

defeated by the refusal of a number of the old friends of Broderick to

give him their votes. It is probable that his life was much embittered

by the intense hatred he had engendered among the friends of

Broderick, and the severe censure of a large body of the people of the

State, not especially attached to the political fortunes of the

dead Senator. These facts are mentioned as furnishing a possible

explanation of Judge Terry's marked descent in character and standing

from the Chief-Justiceship of the State to being the counsel, partner,

and finally the husband of the discarded companion of a millionaire

in a raid upon the latter's property in the courts. It was during

the latter stages of this litigation that Judge Terry became enraged

against Justice Field, because the latter, in the discharge of his

judicial duties, had been compelled to order the revival of a decree

of the United States Circuit Court, in the rendering of which he had

taken no part.

A proper understanding of this exciting chapter in the life of Justice

Field renders necessary a narrative of the litigation referred to. It

is doubtful if the annals of the courts or the pages of romance can

parallel this conspiracy to compel a man of wealth to divide his estate

with adventurers. Whether it is measured by the value of the prize

reached for, by the character of the conspirators, or by the desperate

means to which they resorted to accomplish their object, it stands in

the forefront of the list of such operations.

CHAPTER I.

THE SHARON-HILL-TERRY LITIGATION.

The victim, upon a share of whose enormous estate, commonly estimated

at $15,000,000, these conspirators had set their covetous eyes, was

William Sharon, then a Senator from the State of Nevada. The woman

with whom he had terminated his relations, because he believed her

to be dangerous to his business interests, was Sarah Althea Hill.

Desirous of turning to the best advantage her previous connection

with him, she sought advice from an old negress of bad repute, and the

result was a determination to claim that she had a secret contract of

marriage with him. This negress, who during the trial gave unwilling

testimony to having furnished the sinews of war in the litigation to

the extent of at least five thousand dollars, then consulted G.W.

Tyler, a lawyer noted for his violent manner and reckless practices,

who explained to her what kind of a paper would constitute a legal

marriage contract under the laws of California. No existing contract

was submitted to him, but he gave his written opinion as to what kind

of a contract it would be good to have for the purpose. The pretended

contract was then manufactured by Sarah Althea in accordance with this

opinion, and Tyler subsequently made a written agreement with her by

which he was to act as her attorney, employ all necessary assistance,

and pay all expenses, and was to have one-half of all they could get

out of Sharon by their joint efforts as counsel and client. This

contract was negotiated by an Australian named Neilson, who was to

have one-half of the lawyer's share.

On the 7th of September, 1883, a demand was made upon Mr. Sharon for

money for Miss Hill. He drove her emissary, Neilson, out of the hotel

where he had called upon him, and the latter appeared the next day in

the police court of San Francisco and made an affidavit charging

Mr. Sharon with the crime of adultery. A warrant was issued for the

latter's arrest, and he was held to bail in the sum of $5,000.

This charge was made for the avowed purpose of establishing the

manufactured contract of marriage already referred to, which bore date

three years before. A copy of this alleged contract was furnished to

the newspapers together with a letter having Sharon's name appended to

it, addressed at the top to "My Dear Wife," and at the bottom to "Miss

Hill." This pretended contract and letter Mr. Sharon denounced as

forgeries.

On the 3d of October, 1883, Mr. Sharon commenced suit in the United

States Circuit Court at San Francisco against Sarah Althea Hill,

setting forth in his complaint that he was a citizen of the State of

Nevada, and she a citizen of California;

"that he was, and had been for years, an unmarried man; that

formerly he was the husband of Maria Ann Sharon, who died in

May, 1875, and that he had never been the husband of any other

person; that there were two children living, the issue of that

marriage, and also grandchildren, the children of a deceased

daughter of the marriage; that he was possessed of a large

fortune in real and personal property; was extensively engaged

in business enterprises and ventures, and had a wide business

and social connection; that, as he was informed, the defendant

was an unmarried woman of about thirty years of age, for some

time a resident of San Francisco; that within two months then

past she had repeatedly and publicly claimed and represented

that she was his lawful wife; that she falsely and fraudulently

pretended that she was duly married to him on the twenty-fifth

day of August, 1880, at the city and county of San Francisco;

that on that day they had jointly made a declaration of

marriage showing the names, ages, and residences of the

parties, jointly doing the acts required by the Civil Code of

California to constitute a marriage between them, and that

thereby they became and were husband and wife according to the

law of that State.

"The complainant further alleged that these several claims,

representations, and pretensions were wholly and maliciously

false, and were made by her for the purpose of injuring him in

his property, business, and social relations; for the purpose

of obtaining credit by the use of his name with merchants and

others, and thereby compelling him to maintain her; and for

the purpose of harassing him, and in case of his death, his

heirs and next of kin and legatees, into payment of large

sums of money to quiet her false and fraudulent claims and

pretensions. He also set forth what he was informed was a copy

of the declaration of marriage, and alleged that if she

had any such instrument, it was 'false, forged, and

counterfeited;' that he never, on the day of its date, or

at any other time, made or executed any such document or

declaration, and never knew or heard of the same until within

a month previous to that time, and that the same was null and

void as against him, and ought, in equity and good conscience,

to be so declared, and ordered to be delivered up, to be

annulled and cancelled."

The complaint concluded with a prayer that it be adjudged and decreed

that the said Sarah Althea Hill was not and never had been his wife;

that he did not make the said joint declaration of marriage with her,

or any marriage between them; that said contract or joint declaration

of marriage be decreed and adjudged false, fraudulent, forged, and

counterfeited, and ordered to be delivered up and cancelled and

annulled, and that she be enjoined from setting up any claims or

pretensions of marriage thereby. Sharon was a citizen of Nevada, while

Miss Hill was a citizen of California.[1]

Before the time expired in which Miss Hill was required to answer the

complaint of Mr. Sharon in the United States Circuit Court, but not

until after the federal jurisdiction had attached in that court, she

brought suit against him, November 1st, in a state Superior Court,

in the city and county of San Francisco, to establish their alleged

marriage and then obtain a decree, and a division of the property

stated to have been acquired since such marriage. In her complaint she

alleged that on the 25th day of August, 1880, they became, by mutual

agreement, husband and wife, and thereafter commenced living together

as husband and wife; that on that day they had jointly made a

declaration of marriage in writing, signed by each, substantially in

form as required by the Civil Code of California, and until the month

of November, 1881, had lived together as husband and wife; that

since then the defendant had been guilty of sundry violations of the

marriage contract. The complaint also alleged that when the parties

intermarried the defendant did not have in money or property more than

five millions of dollars, with an income not exceeding thirty thousand

dollars a month, but that since their intermarriage they had by their

prudent management of mines, fortunate speculations, manipulations of

the stock market, and other business enterprises, accumulated in money

and property more than ten millions of dollars, and that now he had in

his possession money and property of the value at least of fifteen

millions of dollars, from which he received an income of over one

hundred thousand dollars a month. The complaint concluded with a

prayer that the alleged marriage with the defendant might be declared

legal and valid, and that she might be divorced from him, and that an

account be taken of the common property, and that the same be equally

divided between them.

The campaign was thus fully inaugurated, which for more than six years

disgraced the State with its violence and uncleanness, and finally

ended in bloodshed. The leading combatants were equally resolute and

determined. Mr. Sharon, who was a man of remarkable will and energy,

would have expended his entire fortune in litigation before he would

have paid tribute to those who thus attempted to plunder him. Sarah

Althea Hill was respectably connected, but had drifted away from her

relations, and pursued, without restraint, her disreputable course.

She affected a reckless and daredevil character, carrying a pistol,

and exhibiting it on occasions in cow-boy fashion, to convey the

impression that those who antagonized her had a dangerous character

with whom to deal. She was ignorant, illiterate, and superstitious.

The forged document which she thought to make a passport to the

enjoyment of a share of Sharon's millions was a clumsy piece of work.

It was dated August 25, 1880, and contained a clause pledging secrecy

for two years thereafter. But she never made it public until September,

1883, although she had, nearly two years before that, been turned out

of her hotel by Sharon's orders. At this treatment she only whimpered

and wrote begging letters to him, not once claiming, even in these

private letters to him, to be his wife. She could then have published

the alleged contract without any violation of its terms, and claimed

any rights it conferred, and it is obvious to any sane man that she

would have done so had any such document then been in existence.

Although Sharon's case against Sarah Althea Hill was commenced in

the federal court before the commencement of Miss Hill's case against

Sharon in the state court, the latter case was first brought to trial,

on the 10th of March, 1884.

[1] NOTE.--A court of equity having jurisdiction to lay its hands

upon and control forged and fraudulent instruments, it matters

not with what pretensions and claims their validity may be

asserted by their possessor; whether they establish a marriage

relation with another, or render him an heir to an estate, or

confer a title to designated pieces of property, or create a

pecuniary obligation. It is enough that, unless set aside or

their use restrained, they may impose burdens upon the

complaining party, or create claims upon his property by which

its possession and enjoyment may be destroyed or impaired.

(Sharon vs. Terry, 13 Sawyer's Rep., 406.) The Civil Code of

California also declares that "a written instrument in respect

to which there is a reasonable apprehension that, if left

outstanding, it may cause serious injury to a person against

whom it is void or voidable, may, upon his application, be so

adjudged, and ordered to be delivered up or cancelled" (Sec.

3412).

CHAPTER II.

PROCEEDINGS IN THE SUPERIOR COURT OF THE STATE.

Mr. Sharon defended in the state court, and prosecuted in the federal

court with equal energy. In the former he made an affidavit that the

pretended marriage contract was a forgery and applied to the court for

the right to inspect it, and to have photographic copies of it made.

Sarah Althea resisted the judge's order to produce the document in

question, until he informed her that, if she did not obey, the paper

would not be admitted as evidence on the trial of the action.

On the second day of the trial in the state court Miss Hill reinforced

her cause by the employment of Judge David S. Terry as associate

counsel. He brought to the case a large experience in the use of

deadly weapons, and gave the proceedings something of the character

of the ancient "wager of battle." Numerous auxiliaries and

supernumeraries in the shape of lesser lawyers, fighters, and suborned

witnesses were employed in the proceedings, as from time to time

occasion required. The woman testified in her own behalf that upon

a visit to Mr. Sharon's office he had offered to pay her $1,000 per

month if she would become his mistress; that she declined his offer in

a business-like manner, without anger, and entered upon a conversation

about getting married; she swore at a subsequent interview she drafted

a marriage contract at Sharon's dictation. This document, to which she

testified as having been thus drawn up, is as follows:

"In the city and county of San Francisco, State of California,

on the 25th day of August, A.D., 1880, I, Sarah Althea Hill,

of the city and county of San Francisco, State of California,

aged twenty-seven years, do here, in the presence of almighty

God, take Senator William Sharon, of the State of Nevada, to

be my lawful and wedded husband, and do here acknowledge and

declare myself to be the wife of Senator William Sharon, of

the State of Nevada.

SARAH ALTHEA HILL.

AUGUST 25, 1880, SAN FRANCISCO, CAL."

* * * * *

"I agree not to make known the contents of this paper or its

existence for two years unless Mr. Sharon, himself, sees fit

to make it known.

SARAH ALTHEA HILL."

* * * * *

"In the city and county of San Francisco, State of California,

on the 25th day of August, A.D. 1880, I, Senator William

Sharon, of the State of Nevada, aged sixty years, do here, in

the presence of Almighty God, take Sarah Althea Hill, of the

city and county of San Francisco, California, to be my lawful

and wedded wife, and do here acknowledge myself to be the

husband of Sarah Althea Hill.

WILLIAM SHARON,

Nevada.

AUGUST 25, 1880."

In his testimony Mr. Sharon contradicted every material statement

made by Sarah Althea Hill. He denied every circumstance connected

with the alleged drawing up of the marriage contract.

He testified that on the 7th day of November, 1881, he terminated his

relations with and dismissed her, and made a full settlement with her

by the payment of $3,000 in cash, and notes amounting to $4,500. For

these she gave him a receipt in full. He charged her with subsequently

stealing that receipt at one of two or three visits made by her after

her discharge.

It is unnecessary to review the voluminous testimony introduced by

the parties in support of their respective contentions. The alleged

contract was clearly proven to be a forgery. A number of witnesses

testified to conversations had with Miss Hill long after the date of

the pretended marriage contract, in which she made statements entirely

inconsistent with the existence of such a document. She employed

fortune-tellers to give her charms with which she could compel Mr.

Sharon to marry her, and this, too, when she pretended to have in

her possession the evidence that she was already his wife. Not an

appearance of probability attended the claim of this bold adventuress.

Every statement she made concerning the marriage contract, and every

step she took in her endeavor to enforce it, betrayed its false

origin.

The trial of the case in the state court continued from March 10th

until May 28th, when the summer recess intervened. It was resumed

July 15th, and occupied the court until September 17th, on which

day the argument of counsel was concluded and the case submitted.

No decision was rendered until more than three months afterwards,

namely, December 24th. Nearly two months were then allowed to pass

before the decree was entered, February 19, 1885. The case was tried

before Judge Sullivan without a jury, by consent of the parties.

He decided for the plaintiff, holding the marriage contract to be

genuine, and to constitute a valid marriage. It was manifest that

he made his decision solely upon the evidence given by Sarah Althea

herself, whom he nevertheless branded in his opinion as a perjurer,

suborner of perjury, and forger. Lest this should seem an exaggeration

his own words are here quoted. She stated that she was introduced

by Sharon to certain parties as his wife. Of her statements to this

effect the Judge said:

"Plaintiff's testimony as to these occasions is directly

contradicted, and in my judgment her testimony as to these

matters is wilfully false."

Concerning $7,500 paid her by Sharon, which she alleged she had placed

in his hands in the early part of her acquaintance with him, the Judge

said:

"This claim, in my judgment, is utterly unfounded. No such

advance was ever made."

At another place in his opinion the Judge said:

"Plaintiff claims that defendant wrote her notes at different

times after her expulsion from the Grand Hotel. If such notes

were written, it seems strange that they have not been preserved

and produced in evidence. I do not believe she received any such

notes."

With respect to another document which purported to have been signed

by Mr. Sharon, and which Sarah Althea produced under compulsion, then

withdrew it, and failed to produce it afterwards, when called for,

saying she had lost it, Judge Sullivan said:

"Among the objections suggested to this paper as appearing on its

face, was one made by counsel that the signature was evidently a

forgery. The matters recited in the paper are, in my judgment,

at variance with the facts it purports to recite. Considering the

stubborn manner in which the production of this paper was at first

resisted and the mysterious manner of its disappearance, I am

inclined to regard it in the light of one of the fabrications for

the purpose of bolstering up plaintiff's case. I can view the

paper in no other light than as a fabrication."

In another part of his opinion Judge Sullivan made a sort of a general

charge of perjury against her in the following language:

"I am of the opinion that to some extent plaintiff has availed

herself of the aid of false testimony for the purpose of giving

her case a better appearance in the eyes of the court, but

sometimes parties have been known to resort to false testimony,

where in their judgment it would assist them in prosecuting a

lawful claim. As I understand the facts of this case, that was

done in this instance."

In another place Judge Sullivan said:

"I have discussed fully, in plain language, the numerous false

devices resorted to by the plaintiff for the purpose of

strengthening her case."

Miss Sarah and her attorneys had now come in sight of the promised

land of Sharon's ample estate. Regular proceedings, however, under

the law, seemed to them too slow; and besides there was the peril of

an adverse decision of the Supreme Court on appeal. They then decided

upon a novel course. Section 137 of the Civil Code of California

provides that while an action for divorce is pending, the court may,

in its discretion, require the husband to pay as alimony any money

necessary to enable the wife to support herself and to prosecute or

defeat the action. The enterprising attorneys, sharing the bold

spirit of their client, and presuming upon the compliance of a judge

who had already done so well by them, went into the court, on the 8th

of January, 1885, and modestly demanded for Sarah Althea, upon the

sole authority of the provision of law above quoted, $10,000 per

month, as the money necessary to enable her to support herself, and

$150,000 for attorneys' fees to prosecute the action. This was to

include back pay for thirty-eight months, making a sum of $380,000,

which added to the $150,000, attorneys' fees, would have made a grand

total of $530,000. This was an attempt, under the color of a

beneficent law, applicable only to actions for divorce, in which the

marriage was not denied, to extort from a man more than one-half

million dollars, for the benefit of a woman, seeking first to

establish a marriage, and then to secure a divorce, in a case in

which no decree had as yet been entered, declaring her to be a wife.

It was not merely seeking the money necessary to support the

plaintiff and prosecute the case; it was a request that the inferior

court should confiscate more than half a million dollars, in

anticipation of a decision of the Supreme Court on appeal. It was as

bold an attempt at spoliation as the commencement of the suit itself.

The Supreme Court of the State had decided that the order of a

Superior Court allowing alimony during the pendency of any action for

divorce is not appealable, but it had not decided that, under the

pretence of granting alimony, an inferior judge could apportion a

rich man's estate among champerty lawyers, and their adventurous

client, by an order from which there could be no appeal, made prior

to any decree that there had ever been a marriage between the

parties, when the fact of the marriage was the main issue in the

case. The counsel for Sharon insisted upon his right to have a decree

entered from which he could appeal, before being thus made to stand

and deliver, and the court entertained the motion.

Upon this motion, among other affidavits read in opposition, was one

by Mr. Sharon himself, in which he recited the agreement between Miss

Hill and her principal attorney, George W. Tyler, in which she was

to pay him for his services, one-half of all she might receive in any

judgment obtained against Sharon, he, Tyler, advancing all the costs

of the litigation. The original of this agreement had been filed by

Tyler with the county clerk immediately after the announcement of

the opinion in the case as an evidence of his right to half of the

proceeds of the judgment. It was conclusive evidence that Sarah Althea

required no money for the payment of counsel fees.

After the filing of a mass of affidavits, and an exhaustive argument

of the motion, Judge Sullivan rendered his decision, February 16,

1885, granting to Sarah Althea Hill an allowance of $2,500 per month,

to take effect as of the date of the motion, January 8, 1885, and

further sums of $2,500 each to be paid on the 8th day of April, and of

each succeeding month until further order of the court.

This the Judge thought reasonable allowance "in view of the

plaintiff's present circumstances and difficulties." For counsel fees

he allowed the sum of $60,000, and at the request of the victors, made

in advance, he divided the spoils among them as follows:

To Tyler and Tyler $25,000

To David S. Terry 10,000

To Moon and Flournoy 10,000

To W.H. Levy 10,000

To Clement, Osmond and Clement 5,000

By what rule $2,500 was awarded as a proper monthly allowance to the

woman whose services to Mr. Sharon had commanded but $500 per month it

is difficult to conjecture. It was benevolence itself to give $60,000

to a troop of lawyers enlisted under the command of Tyler, who had

agreed to conduct the proceedings wholly at his own cost, for one-half

of what could be made by the buccaneering enterprise. It seemed to be

the purpose of these attorneys to see how much of Mr. Sharon's money

they could, with Judge Sullivan's assistance, lay their hands upon

before the entry of the judgment in the case. From the judgment an

appeal could be taken. By anticipating its entry they thought that

they had obtained an order from which no appeal would lie.

It was not until three days after this remarkable order was made

that the decree was entered by Judge Sullivan declaring plaintiff and

defendant to be husband and wife; that he had deserted her, and that

she was entitled to a decree of divorce, with one-half of the common

property accumulated by the parties since the date of what he decided

to be a valid marriage contract.

Sharon appealed from the final judgment, and also from the order for

alimony. Notwithstanding this appeal, and the giving of a bond on

appeal in the sum of $300,000 to secure the payment of all alimony and

counsel fees, Judge Sullivan granted an order directing Mr. Sharon to

show cause why he should not be punished for contempt in failing to

pay alimony and counsel fees, as directed by the order.

The Supreme Court, upon application, granted an order temporarily

staying proceedings in the case. This stay of proceedings was

subsequently made permanent, during the pendency of the appeal.

Mr. Sharon died November 15, 1885. That very day had been set for a

hearing of Sharon's motion for a new trial. The argument was actually

commenced on that day and continued until the next, at which time the

motion was ordered off the calendar because meantime Mr. Sharon had

deceased.

CHAPTER III.

PROCEEDINGS IN THE UNITED STATES CIRCUIT COURT.

While these proceedings were being had in the state courts the case

of Sharon vs. Hill in the federal court was making slow progress.

Miss Hill's attorneys seemed to think that her salvation depended upon

reaching a decision in her case before the determination of Sharon's

suit in the United States Circuit Court. They were yet to learn,

as they afterwards did, that after a United States court takes

jurisdiction in a case, it cannot be ousted of that jurisdiction by

the decision of a state court, in a proceeding subsequently commenced

in the latter. Seldom has "the law's delay" been exemplified more

thoroughly than it was by the obstacles which her attorneys were able

to interpose at every step of the proceedings in the federal court.

Sharon commenced his suit in the United States Circuit Court October

3, 1883, twenty-eight days before his enemy commenced hers in the

State Superior Court. By dilatory pleas her counsel succeeded in

delaying her answer to Sharon's suit until after the decision in

her favor in the state court. She did not enter an appearance in the

federal court until the very last day allowed by the rule. A month

later she filed a demurrer. Her counsel contrived to delay the

argument of this demurrer for seven weeks after it was filed. It

was finally argued and submitted on the 21st of January, 1884. On

the 3d of March it was overruled and the defendant was ordered to

answer in ten days, to wit, March 13th. Then the time for answering

was extended to April 24th. When that day arrived her counsel,

instead of filing an answer, filed a plea in abatement, denying the

non-residence of Mr. Sharon in the State of California, on which

depended his right to sue in the federal court. To this Mr. Sharon's

counsel filed a replication on the 5th of May. It then devolved upon

Miss Hill's counsel to produce evidence of the fact alleged in the

plea, but, after a delay of five months and ten days, no evidence

whatever was offered, and the court ordered the plea to be argued

on the following day. It was overruled, and thirty days were given

to file an answer to Sharon's suit. The case in the state court

had then been tried, argued, and submitted thirty days before, but

Miss Hill's counsel were not yet ready to file their answer within

the thirty days given them, and the court extended the time for answer

until December 30th. Six days before that day arrived Judge Sullivan

rendered his decision. At last, on the 30th of December, 1884,

fourteen months after the filing of Sharon's complaint, Sarah Althea's

answer was filed in the federal court, in which, among other things,

she set up the proceedings and decree of the state court, adjudging

the alleged marriage contract to be genuine and legal, and the parties

to be husband and wife, and three days later Sharon filed his

replication. There was at no time any delay or want of diligence on

the part of the plaintiff in prosecuting this suit to final judgment.

On the contrary, as is plainly shown in the record above stated,

the delays were all on the part of the defendant. The taking of the

testimony in the United States Circuit Court commenced on the 12th of

February, 1885, and closed on the 12th of August following.

The struggle in the state court was going on during all the time of

the taking of the testimony in the federal court, and intensified the

excitement attendant thereon. Miss Hill was in constant attendance

before the examiner who took the testimony, often interrupting the

proceedings with her turbulent and violent conduct and language, and

threatening the lives of Mr. Sharon's counsel. She constantly carried

a pistol, and on occasions exhibited it during the examination of

witnesses, and, pointing it at first one and then another, expressed

her intention of killing them at some stage of the proceedings. She

was constantly in contempt of the court, and a terror to those around

her. Her conduct on one occasion, in August, 1885, became so violent

that the taking of the testimony could not proceed, and Justice

Field, the presiding judge of the circuit, made an order that

she should be disarmed, and that a bailiff of the court should sit

constantly at her side to restrain her from any murderous outbreak,

such as she was constantly threatening. Her principal attorney,

Tyler, was also most violent and disorderly. Judge Terry, while less

explosive, was always ready to excuse and defend his client. (See

Report of Proceedings in Sharon vs. Hill, 11 Sawyer's Circuit Court

Reps., 122.)

Upon the request of counsel for the complainant, the examiner in one

case reported to the court the language and the conduct of Miss Hill.

Among other things, he reported her as saying:

"When I see this testimony [from which certain scandalous

remarks of hers were omitted] I feel like taking that man

Stewart[1] out and cowhiding him. I will shoot him yet; that

very man sitting there. To think that he would put up a woman

to come here and deliberately lie about me like that. I will

shoot him. They know when I say I will do it that I will do

it. I shall shoot him as sure as you live; that man that is

sitting right there. And I shall have that woman Mrs. Smith

arrested for this, and make her prove it."

And again:

"I can hit a four-bit piece nine times out of ten."

The examiner said that pending the examination of one of the witnesses,

on the occasion mentioned, the respondent drew a pistol from her

satchel, and held it in her right hand; the hand resting for a moment

upon the table, with the weapon pointed in the direction of Judge

Evans. He also stated that on previous occasions she had brought to

the examiner's room during examinations a pistol, and had sat for some

length of time holding it in her hand, to the knowledge of all persons

present at the time. After the reading of the examiner's report in

open court, Justice Field said:

"In the case of William Sharon versus Sarah Althea Hill, the

Examiner in Chancery appointed by the court to take the

testimony has reported to the court that very disorderly

proceedings took place before him on the 3d instant; that at

that day, in his room, when counsel of the parties and the

defendant were present, and during the examination of a

witness by the name of Piper, the defendant became very much

excited, and threatened to take the life of one of the

counsel, and that subsequently she drew a pistol and declared

her intention to carry her threat into effect. It appears also

from the report of the examiner that on repeated occasions the

defendant has attended before him, during the examination of

witnesses, armed with a pistol. Such conduct is an offense

against the laws of the United States punishable by fine and

imprisonment. It interferes with the due order of proceedings

in the administration of justice, and is well calculated to

bring them into contempt. I, myself, have not heretofore sat

in this case and do not expect to participate in its decision;

I intend in a few days to leave for the East, but I have been

consulted by my associate, and have been requested to take

part in this side proceeding, for it is of the utmost

importance for the due administration of justice that such

misbehavior as the examiner reports should be stopped, and

measures be taken which will prevent its recurrence. My

associate will comment on the laws of Congress which make the

offense a misdemeanor, punishable by fine and imprisonment.

"The marshal of the court will be directed to disarm the

defendant whenever she goes before the examiner or into court

in any future proceeding, and to appoint an officer to keep

strict surveillance over her, in order that she may not carry

out her threatened purpose. This order will be entered. The

Justice then said that it is to be observed that this block,

embracing this building--the court-house--is under the

exclusive jurisdiction of the United States. Every offense

committed within it is an offense against the United States,

and the State has no jurisdiction whatever. This fact seems to

have been forgotten by the parties."

The following is the order then entered as directed by Justice Field:

"Whereas it appears from the report to this court of the

Examiner in Chancery in this case appointed to take the

depositions of witnesses, that on the 3d day of August,

instant, at his office, counsel of the parties appeared,

namely, William M. Stewart, Esquire, and Oliver P. Evans,

Esquire, for the complainant, and W.B. Tyler, Esquire, for the

defendant, and the defendant in person, and that during the

examination before said examiner of a witness named Piper, the

defendant became excited and threatened the life of the

counsel of the complainant present, and exhibited a pistol

with a declared intention to carry such threat into effect,

thereby obstructing the order of the proceedings, and

endeavoring to bring the same into contempt; and

"Whereas it further appears that said defendant habitually

attends before said examiner carrying a pistol,

"_It is ordered_, That the marshal of this court take such

measures as may be necessary to disarm the said defendant, and

keep her disarmed, and under strict surveillance, while she is

attending the examination of witnesses before said examiner,

and whenever attending in court, and that a deputy be detailed

for that purpose."

[1] Senator Stewart, who was one of the counsel against her in the

suit.

CHAPTER V.

DECISION OF THE CASE IN THE FEDERAL COURT.

The taking of the testimony being completed, the cause was set for a

hearing on September 9th. After an argument of thirteen days the cause

was submitted on the 29th of September, 1885. On the 26th of December,

1885, the court rendered its decision, that the alleged declaration

of marriage and the letters purporting to have been addressed "My Dear

Wife" were false and forged, and that the contemporaneous conduct

of the parties, and particularly of the defendant, was altogether

incompatible with the claim of marriage or the existence of any such

declaration or letters.

A decree was ordered accordingly, and the court made the following

further order:

"As the case was argued and submitted during the lifetime of

the complainant, who has since deceased, the decree will be

entered nunc pro tunc, as of September 29, 1885, the date of

its submission and a day prior to the decease of the

complainant."

The opinion of the court was delivered by Judge Deady, of the United

States District Court of Oregon, who sat in the case with Judge

Sawyer, the circuit judge.

Of the old negress under whose direction the fraudulent marriage

contract had been manufactured, and under whose advice and direction

the suit in the state court had been brought, the Judge said:

"Mary E. Pleasant, better known as Mammie Pleasant, is a

conspicuous and important figure in this affair; without her

it would probably never have been brought before the public.

She appears to be a shrewd old negress of some means.

"In my judgment this case and the forgeries and perjuries

committed in its support had their origin largely in the brain

of this scheming, trafficking, crafty old woman."

He found that the declaration of marriage was forged by the defendant

by writing the declaration over a simulated signature, and that her

claim to be the wife of the plaintiff was wholly false, and had been

put forth by her and her co-conspirators for no other purpose than

to despoil the plaintiff of his property. Judge Sawyer also filed

an opinion in the case, in which he declared that the weight of the

evidence satisfactorily established the forgery and the fraudulent

character of the instrument in question.

CHAPTER VI.

THE MARRIAGE OF TERRY AND MISS HILL.

Sarah Althea now received a powerful recruit, who enlisted for the

war. This was one of her lawyers, David S. Terry, whom she married on

the 7th day of January, 1886, twelve days after the decision of the

Circuit Court against her, and which he had heard announced, but

before a decree had been entered in conformity with the decision.

Terry seemed willing to take the chances that the decree of the

Superior Court would not be reversed in the Supreme Court of the

State. The decision of the federal court he affected to utterly

disregard. It was estimated that not less than $5,000,000 would be

Sarah Althea's share of Sharon's estate, in the event of success in

her suit. She would be a rich widow if it could be established that

she had ever been a wife. She had quarreled with Tyler, her principal

attorney, long before, and accused him of failing in his professional

duty. If she could escape from the obligations of her contract with

him, she would not be compelled to divide with him the hoped-for

$5,000,000.

Although Judge Terry had been Chief Justice of the Supreme Court of

California, the crimes of perjury and forgery and subornation of

perjury which had been loudly charged in Judge Sullivan's opinion

against the woman, in whose favor he gave judgment, seemed to him

but trifles. Strangely enough, neither he nor Sarah Althea ever

uttered a word of resentment against him on account of these charges.

The marriage of Terry with this desperate woman in the face of an

adverse decision of the Circuit Court, by which jurisdiction was first

exercised upon the subject-matter, was notice to all concerned that,

by all the methods known to him, he would endeavor to win her cause,

which he thus made his own. He took the position that any denial of

Sarah Althea's pretense to have been the wife of Sharon was an insult

to her, which could only be atoned by the blood of the person who made

it. This was the proclamation of a vendetta against all who should

attempt to defend the heirs of Mr. Sharon in the possession of that

half of their inheritance which he and Sarah Althea had marked for

their own. His subsequent course showed that he relied upon the power

of intimidation to secure success. He was a man of powerful frame,

accustomed all his life to the use of weapons, and known to be always

armed with a knife. He had the reputation of being a fighting man. He

had decided that Sarah Althea had been the lawful wife of Sharon, and

that therefore he had married a virtuous widow. He had not often been

crossed in his purpose or been resisted when he had once taken a

position. By his marriage he virtually served notice on the judges of

the Supreme Court of the State, before whom the appeal was then

pending, that he would not tamely submit to be by them proclaimed to

be the dupe of the discarded woman of another. It was well understood

that he intended to hold them personally responsible to him for any

decision that would have that effect. These intentions were said to

have been made known to them.

His rule in life, as once stated by himself, was to compel

acquiescence in his will by threats of violence, and known readiness

to carry his threats into effect. This, he said, would in most cases

insure the desired result. He counted on men's reluctance to engage in

personal difficulties with him. He believed in the persuasiveness of

ruffianism.

Whether he thought his marriage would frighten Judges Sawyer and

Deady, who had just rendered their decision in the United States

Circuit Court, and cause them either to modify the terms of the decree

not yet entered, or deter them from its enforcement, is a matter of

uncertainty. He was of the ultra State's-rights school and had great

faith in the power of the courts of a State when arrayed against those

of the United States. He had always denied the jurisdiction of the

latter in the case of Sarah Althea, both as to the subject-matter and

as to the parties. He refused to see any difference between a suit for

a divorce and a suit to cancel a forged paper, which, if allowed to

pass as genuine, would entitle its holder to another's property. He

persisted in denying that Sharon had been a citizen of Nevada during

his lifetime, and ignored the determination of this question by the

Circuit Court.

But if Judge Terry had counted on the fears of the United States

judges of California he had reckoned too boldly, for on the 15th

of January, 1886, eight days after his marriage, the decree of the

Circuit Court was formally entered. This decree adjudged the

alleged marriage contract of August 25, 1880, false, counterfeited,

fabricated, and fraudulent, and ordered that it be surrendered to

be cancelled and annulled, and be kept in the custody of the clerk,

subject to the further order of the court; and Sarah Althea Hill

and her representatives were perpetually enjoined from alleging the

genuineness or the validity of the instrument, or making use of it in

any way to support her claims as wife of the complainant.

The execution of this decree would, of course, put an end to Sarah

Althea's claim, the hope of maintaining which was supposed to have

been the motive of the marriage. To defeat its execution then became

the sole object of Terry's life. This he hoped to do by antagonizing

it with a favorable decision of the Supreme Court of the State, on

the appeals pending therein. It has heretofore been stated that the

case against Sharon in the Superior Court was removed from the

calendar on the 14th day of November, 1885, because of the

defendant's death on the previous day. The 11th of February following,

upon proper application, the court ordered the substitution of

Frederick W. Sharon as executor and sole defendant in the suit in

the place of William Sharon, deceased. The motion for a new trial was

argued on the 28th of the following May, and held under advisement

until the 4th of the following October, when it was denied. From this

order of denial an appeal was taken by the defendant.

It must be borne in mind that there were now two appeals in this case

to the Supreme Court of the State from the Superior Court. One taken

on the 25th of February, 1885, from the judgment of Judge Sullivan,

and from his order for alimony and fees, and the other an appeal taken

October 4, 1886, from the order denying the new trial in the cause.

On the 31st of January, 1888, the Supreme Court rendered its decision,

affirming the judgment of the Superior Court in favor of Sarah Althea,

but reversing the order made by Judge Sullivan granting counsel fees,

and reducing the allowance for alimony from $2,500 per month to $500.

Four judges concurred in this decision, namely, McKinstry, Searles,

Patterson, and Temple. Three judges dissented, to wit, Thornton,

Sharpstein, and McFarland.

There then remained pending in the same court the appeal from the

order granting a new trial. It was reasonable that Terry should expect

a favorable decision on this appeal, as soon as it could be reached.

This accomplished, he and Sarah Althea thought to enter upon the

enjoyment of the great prize for which they had contended with such

desperate energy. Terry had always regarded the decree of the Circuit

Court as a mere harmless expression of opinion, which there would be

no attempt to enforce, and which the state courts would wholly ignore.

Whatever force it might finally be given by the Supreme Court of the

United States appeared to him a question far in the future, for he

supposed he had taken an appeal from the decree. This attempted appeal

was found to be without effect, because when ordered the suit had

abated by the death of the plaintiff, and no appeal could be taken

until the case was revived by order of the court. This order was never

applied for. The two years within which an appeal could have been

taken expired January 15, 1888. The decree of the Circuit Court had

therefore become final at that time.

CHAPTER VII.

THE BILL OF REVIVOR.

It was at this stage of the prolonged legal controversy that Justice

Field first sat in the case. The executor of the Sharon estate, on

the 12th of March, 1888, filed a bill of revivor in the United States

Circuit Court. This was a suit to revive the case of Sharon vs. Hill,

that its decree might stand in the same condition and plight in which

it was at the time of its entry, which, being _nunc pro tunc_, was of

the same effect as if the entry had preceded the death of Mr. Sharon,

the case having been argued and submitted during his lifetime. The

decree directed the surrender and cancellation of the forged marriage

certificate, and perpetually enjoined Sarah Althea Hill, and her

representatives, from alleging the genuineness or validity of that

instrument, or making any use of the same in evidence, or otherwise to

support any rights claimed under it.

The necessity for this suit was the fact that the forged paper had not

been surrendered for cancellation, as ordered by the decree, and the

plaintiff feared that the defendant would claim and seek to enforce

property rights as wife of the plaintiff, by authority of the alleged

written declaration of marriage, under the decree of another court,

essentially founded thereupon, contrary to the perpetual injunction

ordered by the Circuit Court. To this suit, David S. Terry, as husband

of the defendant, was made a party. It merely asked the Circuit Court

to place its own decree in a position to be executed, and thereby

prevent the spoliation of the Sharon estate, under the authority of

the decree of Judge Sullivan in the suit in the state court

subsequently commenced. A demurrer was filed by the defendant. It

was argued in July before Justice Field, Judge Sawyer, and District

Judge Sabin. It was overruled on the 3d of September, when the court

ordered that the original suit of Sharon against Hill, and the final

decree therein, stand revived in the name of Frederick W. Sharon as

executor, and that the said suit and the proceedings therein be in

the same plight and condition they were in at the death of William

Sharon, so as to give the executor, complainant as aforesaid, the

full benefit, rights, and protection of the decree, and full power

to enforce the same against the defendants, and each of them, at

all times and in all places, and in all particulars. The opinion

in the case was delivered by Justice Field. During its delivery

he was interrupted by Mrs. Terry with violent and abusive language,

and an attempt by her to take a pistol from a satchel which she held

in her hand. Her removal from the court-room by order of Justice

Field; her husband's assault upon the marshal with a deadly weapon

for executing the order, and the imprisonment of both the Terrys for

contempt of court, will be more particularly narrated hereafter.

The commencement of the proceedings for the revival of the suit was

well calculated to alarm the Terrys. They saw that the decree in the

Circuit Court was to be relied upon for something more than its mere

moral effect. Their feeling towards Judges Sawyer and Deady was one of

most intense hatred. Judge Deady was at his home in Oregon, beyond the

reach of physical violence at their hands, but Judge Sawyer was in

San Francisco attending to his official duties. Upon him they took an

occasion to vent their wrath.

It was on the 14th of August, 1888, after the commencement of the

revivor proceedings, but before the decision. Judge Sawyer was

returning in the railway train to San Francisco from Los Angeles,

where he had been to hold court. Judge Terry and his wife took the

same train at Fresno. Judge Sawyer occupied a seat near the center of

the sleeping-car, and Judge and Mrs. Terry took the last section of

the car, behind him, and on the same side. A few minutes after leaving

Fresno, Mrs. Terry walked down the aisle to a point just beyond Judge

Sawyer, and turning around with an ugly glare at him, hissed out, in a

spiteful and contemptuous tone: "Are you here?" to which the Judge

quietly replied: "Yes, Madam," and bowed. She then resumed her seat.

A few minutes after, Judge Terry walked down the aisle about the same

distance, looked over into the end section at the front of the car,

and finding it vacant, went back, got a small hand-bag, and returned

and seated himself in the front section, with his back to the engine

and facing Judge Sawyer. Mrs. Terry did not (at the moment) accompany

him. A few minutes later she walked rapidly down the passage, and as

she passed Judge Sawyer, seized hold of his hair at the back of his

head, gave it a spiteful twitch and passed quickly on, before he could

fully realize what had occurred. After passing she turned a vicious

glance upon him, which was continued for some time after taking her

seat by the side of her husband. A passenger heard Mrs. Terry say to

her husband: "I will give him a taste of what he will get bye and

bye." Judge Terry was heard to remark: "The best thing to do with

him would be to take him down the bay and drown him." Upon the arrival

of Judge Sawyer at San Francisco, he entered a street car, and was

followed by the Terrys. Mrs. Terry took a third seat from him, and

seeing him, said: "What, are you in this car too?" When the Terrys

left the car Mrs. Terry addressed some remark to Judge Sawyer in a

spiteful tone, and repeated it. He said he did not quite catch it,

but it was something like this: "We will meet again. This is not the

end of it."

Persons at all familiar with the tricks of those who seek human life,

and still contrive to keep out of the clutches of the law, will see

in the scene above recited an attempt to provoke an altercation

which would have been fatal to Judge Sawyer, if he had resented the

indignity put upon him by Mrs. Terry, by even so much as a word. This

could easily have been made the pretext for an altercation between the

two men, in which the result would not have been doubtful. There could

have been no proof that Judge Terry knew of his wife's intention to

insult and assault Judge Sawyer as she passed him, nor could it have

been proven that he knew she had done so. A remonstrance from Sawyer

could easily have been construed by Terry, upon the statement of his

wife, into an original, unprovoked, and aggressive affront. It is now,

however, certain that the killing of Judge Sawyer was not at that time

intended. It may have been, to use Mrs. Terry's words, "to give him a

taste of what he would get bye and bye," if he should dare to render

the decision in the revivor case adversely to them.

This incident has been here introduced and dwelt upon for the

purpose of showing the tactics resorted to by the Terrys during this

litigation, and the methods by which they sought to control decisions.

It is entirely probable that they had hopes of intimidating the federal

judges, as many believed some state judges had been, and that thus

they might "from the nettle danger, pluck the flower safety."

We have seen that they reckoned without their host. We shall now see

to what extent their rage carried them on the day that the decision

was rendered reviving the decree.

CHAPTER VIII.

THE TERRYS IMPRISONED FOR CONTEMPT.

On the day after Judge Sawyer's return from Los Angeles he called

the marshal to his chambers, and notified him of Mrs. Terry's violent

conduct towards him on the train in the presence of her husband, so

that he might take such steps as he thought proper to keep order

when they came into the court-building, and see that there was no

disturbance in the court-room. On the morning of September 3d, the

marshal was again summoned to Judge Sawyer's room, where Judge Field

was also present. They informed him that the decision in the revival

suit would be rendered that day, and they desired him to be present,

with a sufficient number of bailiffs to keep order in court. They told

him that judging from the action of the Terrys on the train, and the

threats they were making so publicly, and which were being constantly

published in the newspapers, it was not impossible that they might

create a disturbance in the court-room.

When the court opened that day, it found Terry and his wife already

seated within the bar, and immediately in front of the judges. As it

afterward appeared, they were both on a war-footing, he being armed

with a concealed bowie-knife, and she with a 41-calibre revolver,

which she carried in a small hand-bag, five of its chambers being

loaded. The judges took their seats on the bench, and very shortly

afterward Justice Field, who presided, began reading the opinion of

the court in which both of his associates concurred. A printed

pamphlet copy of this opinion contains 61 pages, of which 18 are

taken up with a statement of the case. The opinion commences at page

19 and covers the remaining 42 pages of the pamphlet.

From time to time, as the reading of the opinion progressed, Mrs.

Terry, who was greatly excited, was observed to unclasp and clasp

again the fastening of her satchel which contained her pistol, as if

to be sure she could do so at any desired moment. At the 11th page of

the opinion the following passage occurs:

"The original decree is not self-executing in all its parts;

it may be questioned whether any steps could be taken for its

enforcement, until it was revived, but if this were otherwise,

the surrender of the alleged marriage contract for

cancellation, as ordered, requires affirmative action on the

part of the defendant. The relief granted is not complete

until such surrender is made. When the decree pronounced the

instrument a forgery, not only had the plaintiff the right

that it should thus be put out of the way of being used in the

future to his embarrassment and the embarrassment of his

estate, but public justice required that it should be formally

cancelled, that it might constantly bear on its face the

evidence of its bad character, whenever or wherever presented

or appealed to."

When Mrs. Terry heard the above words concerning the surrender of the

alleged marriage contract for cancellation, she first endeavored for

a few seconds, but unsuccessfully, to open the satchel containing her

pistol. For some reason the catch refused to yield. Then, rising

to her feet, and placing the satchel before her on the table, she

addressed the presiding justice, saying:

"Are you going to make me give up my marriage contract?"

Justice Field said, "Be seated, madam."

She repeated her question:

"Are you going to take the responsibility of ordering me to deliver

up that contract?"

She was again ordered to resume her seat. At this she commenced

raving loudly and violently at the justice in coarse terms, using

such phrases as these:

"Mr. Justice Field, how much have you been bought for? Everybody

knows that you have been bought; that this is a paid decision."

"How big was the sack?"

"How much have you been paid for the decision?"

"You have been bought by Newland's coin; everybody knows you were

sent out here by the Newlands to make this decision."

"Every one of you there have been paid for this decision."

At the commencement of this tirade, and after her refusal to desist

when twice ordered to do so, the presiding justice directed the

marshal to remove her from the court-room. She said defiantly:

"I will not be removed from the court-room; you dare not remove me

from the court-room."

Judge Terry made no sign of remonstrance with her, had not endeavored

to restrain her, but had, on the contrary, been seen to nod

approvingly to her, as if assenting to something she had said to him

just before she sprang to her feet. The instant, however, the court

directed her removal from the room, of which she had thus taken

temporary possession, to the total suspension of the court

proceedings, his soul was "in arms and eager for the fray." As the

marshal moved toward the offending woman, he rose from his seat, under

great excitement, exclaiming, among other things, "No living man

shall touch my wife!" or words of that import, and dealt the marshal a

violent blow in the face,[1] breaking one of his front teeth. He then

unbuttoned his coat and thrust his hand under his vest, where his

bowie-knife was kept, apparently for the purpose of drawing it, when

he was seized by persons present, his hands held from drawing his

weapon, and he himself forced down on his back. The marshal,

with the assistance of a deputy, then removed Mrs. Terry from

the court-room, she struggling, screaming, kicking, striking, and

scratching them as she went, and pouring out imprecations upon

Judges Field and Sawyer, denouncing them as "corrupt scoundrels," and

declaring she would kill them both. She was taken from the room into

the main corridor, thence into the marshal's business office, and then

into an inner room of his office. She did not cease struggling when

she reached that room, but continued her frantic abuse.

While Mrs. Terry was being removed from the court-room Terry was held

down by several strong men. He was thus, by force alone, prevented

from drawing his knife on the marshal. While thus held he gave vent to

coarse and denunciatory language against the officers. When Mrs. Terry

was removed from the court-room he was allowed to rise. He at once

made a swift rush for the door leading to the corridor on which was

the marshal's office. As he was about leaving the room or immediately

after stepping out of it, he succeeded in drawing his knife. As he

crossed the threshold he brandished the knife above his head,

saying, "I am going to my wife." There was a terrified cry from the

bystanders: "He has got a knife." His arms were then seized by a

deputy marshal and others present, to prevent him from using it, and a

desperate struggle ensued. Four persons held on to the arms and body

of Terry, and one presented a pistol to his head, threatening at

the same time to shoot him if he did not give up the knife. To these

threats Terry paid no attention, but held on to the knife, actually

passing it during the struggle from one hand to the other. David

Neagle then seized the handle of the knife and commenced drawing it

through Terry's hand, when Terry relinquished it.

The whole scene was one of the wildest alarm and confusion. To use

the language of one of the witnesses, "Terry's conduct throughout this

affair was most violent. He acted like a demon, and all the time while

in the corridor he used loud and violent language, which could

be plainly heard in the court-room, and, in fact, throughout the

building," applying to the officers vile epithets, and threatening to

cut their hearts out if they did not let him go to his wife. The

knife which Terry drew, and which he afterwards designated as "a small

sheath knife," was, including the handle, nine and a quarter inches

long, the blade being five inches, having a sharp point, and is

commonly called a bowie-knife. He himself afterwards represented

that he drew this knife, not "because he wanted to hurt anybody, but

because he wanted to force his way into the marshal's office."

The presiding justice had read only a small portion of the opinion

of the court when he was interrupted by the boisterous and violent

proceedings described. On their conclusion, by the arrest of the

Terrys, he proceeded with the reading of the opinion, which occupied

nearly a whole hour. The justices, without adjourning the court,

then retired to the adjoining chambers of the presiding justice

for deliberation. They there considered of the action which should

be taken against the Terrys for their disorderly and contemptuous

conduct. After determining what that should be they returned to

the court-room and announced it. For their conduct and resistance

to the execution of the order of the court both were adjudged guilty

of contempt and ordered, as a punishment, to be imprisoned in the

county jail, Terry for six months and his wife for thirty days.

When Terry heard of the order, and the commitment was read to him,

he said, "Judge Field" (applying to him a coarse and vituperative

epithet) "thinks when I get out, when I get released from jail,

that he will be in Washington, but I will meet him when he comes

back next year, and it will not be a very pleasant meeting for him."

Mrs. Terry said that she would kill both Judges Field and Sawyer,

and repeated the threat several times. While the prisoners were being

taken to jail, Mrs. Terry said to her husband, referring to Judge

Sawyer: "I wooled him good on the train coming from Los Angeles. He

has never told that." To which he replied: "He will not tell that;

that was too good."

She said she could have shot Judge Field and killed him from where she

stood in the court-room, but that she was not ready then to kill the

old villain; she wanted him to live longer. While crossing the ferry

to Oakland she said, "I could have killed Judges Field and Sawyer; I

could shoot either one of them, and you would not find a judge or

a jury in the State would convict me." She repeated this, and Terry

answered, saying: "No, you could not find a jury that would convict

any one for killing the old villain," referring to Judge Field.

The jailer at Alameda testified that one day Mrs. Terry showed him the

sheath of her husband's knife, saying: "That is the sheath of that big

bowie-knife that the Judge drew. Don't you think it is a large knife?"

Judge Terry was present, and laughed and said: "Yes; I always carry

that," meaning the knife.

To J.H. O'Brien, a well-known citizen, Judge Terry said that "after

he got out of jail he would horsewhip Judge Field. He said he did not

think he would ever return to California, but this earth was not large

enough to keep him from finding Judge Field, and horsewhipping him,"

and said, "if he resents it I will kill him."

To a newspaper writer, Thomas T. Williams, he said: "Judge Field

would not dare to come out to the Pacific Coast, and he would have a

settlement with him if he did come."

J.M. Shannon, a friend of Terry's for thirty years, testified that

while the Terrys were in jail he called there with Mr. Wigginton,

formerly a member of Congress from California; that during the call

Mrs. Terry said something to her husband to the effect that they could

not do anything at all in regard to it. He said: "Yes, we can." She

asked what they could do. He said: "I can kill old Sawyer, damn him. I

will kill old Sawyer, and then the President will have to appoint some

one in his place." In saying this "he brought his fist down hard and

seemed to be mad."

Personal reminiscences of early days in California, with other sketches · 第 23 / 25 章