the voices proceeding therefrom he recognized that of his wife, and he thereupon attempted to force his way into said room through the main office of the United States marshal; the door of the room was blocked by such a crowd of men that the door could not be closed; that your petitioner then, for the first time, drew from inside his vest a small sheath-knife, at the same time saying to those standing in his way in said door, that he did not want to hurt any one; that all he wanted was to get into the room where his wife was.  The crowd then parted and your petitioner entered the doorway, and there saw a United States deputy marshal with a revolver in his hand pointed to the ceiling of the room.  Some one then said:  ‘Let him in if he will give up his knife,’ and your petitioner immediately released hold of the knife to some one standing by.

    “In none of these transactions did your petitioner have the
    slightest idea of showing any disrespect to this honorable
    court or any of the judges thereof.

“That he lost his temper, he respectfully submits was a natural consequence of himself being assaulted when he was making an honest effort to peaceably and quietly enforce the order of the court, so as avoid a scandalous scene, and of his seeing his wife so unnecessarily assaulted in his presence.”

It will be observed that Terry, in his petition, contradicts the facts recited in the orders for the commitment of himself and his wife.  These orders were made by Justice Field.  Circuit Judge Sawyer, and District Judge Sabin from the district of Nevada, who did not depend upon the testimony of others for information as to the facts in the case, but were, themselves, eye-witnesses and spoke from personal observation and absolute knowledge.

In passing upon Terry’s petition, these judges, speaking through Justice Field, who delivered the opinion of the court, bore testimony to a more particular account of the conduct of Terry and his wife than had been given in the order for the commitment.  As the scene has already been described at length, this portion of the opinion of the court would be a mere repetition, and is therefore omitted.  After reciting the facts, Justice Field referred to the gravity of Terry’s offense in the following terms: 

“The misbehavior of the defendant, David S. Terry, in the presence of the court, in the court-room, and in the corridor, which was near thereto, and in one of which (and it matters not which) he drew his bowie-knife, and brandished it with threats against the deputy of the marshal and others aiding him, is sufficient of itself to justify the punishment imposed.  But, great as this offense was, the forcible resistance offered to the marshal in his attempt to execute the order of the court, and beating him, was a far greater and more serious affair.  The resistance and beating was the highest possible indignity to the Government.