That example which refused submission to judicial finalities was becoming offensive to California, but the incubus of physical fear was upon many who realized that the survival of frontier ways into non-frontier period was a damage to the State.  But, be this as it may, the stubborn spirit that defied the law has fallen by the law.

When Justice Field showed the highest judicial courage in the opening incidents of the tragedy that has now closed, the manhood of California received a distinct impetus.  When the Justice, with threats made against his life, returned to the State unarmed, and resentful of protection against assault, declaring that when judges must arm to defend themselves from assault offered in reprisal of their judicial actions society must be considered dissolved, he was rendering to our institutions the final and highest possible service.  The event that followed, the killing of Terry in the act of striking him the second time from behind, while he sat at table in a crowded public dining-room, was the act of the law.  The Federal Department of Justice, by its chief, the Attorney-General of the United States, had ordered its officer, the United States marshal for the northern district of California, to take such means and such measures as might be necessary to protect the persons of the judges against assault by Judge Terry, in carrying out the threats that he had made.  This order was from the executive arm of the Government, and it was carried out to the letter.  Judge Terry took the law into his own hands and fell.  Nothing can add to the lesson his fate teaches.  It is established now that in California no man is above the law; that no man can affect the even poise of justice by fear.  Confiding in his own strength as superior to the law, David S. Terry fell wretchedly.

    No more need be said.  New California inscribes upon her
    shield, “Obedience to the law the first condition of good
    citizenship,” and the past is closed.

The Record-Union of Sacramento, one of the leading papers of California, on August 15, 1889, the day following the tragedy, had the following article under the head—­

    KILLING OF JUDGE TERRY.

In the news columns of the Record-Union will be found all the essential details of the circumstances of the killing of D.S.  Terry.  It will be evident to the reader that they readily sap the whole case, and that there is no substantial dispute possible concerning the facts.  These truths we assert, without fear of successful contradiction, establish the justifiableness of the act of the United States marshal who fired upon and killed Terry.  We think there will be no dispute among sensible men that a federal circuit judge or a justice of the supreme bench, passing from one portion