[1] It has been conclusively established since that
he was armed
with his usual bowie-knife
at the time.
[2] NOTE.—Whilst there was a general concurrence
of opinion as to
the threats of Terry and of
the fate he met at the hands of
Neagle and of the bearing
of Justice Field through all the
proceedings, there were exceptions
to this judgment. There
were persons who sympathized
with Terry and his associates and
grieved at his fate, although
he had openly avowed his
intention not merely to insult
judicial officers for their
judicial conduct, but to kill
them in case they resented the
insult offered. He married
Sarah Althea Hill after the United
States Circuit Court had delivered
its opinion, in open court,
announcing its decision that
she had committed forgery,
perjury, and subornation of
perjury, and was a woman of
abandoned character.
And yet a writer in the Overland
Monthly in October, 1889,
attributes his assault upon the
marshal—striking
him violently in the face for the execution
of the order of the court
to remove her from the court-room
because of her gross imputation
upon the judges—chiefly to
his chivalric spirit to protect
his wife, and declares that
“the universal verdict”
upon him “will be that he was
possessed of sterling integrity
of purpose, and stood out
from the rest of his race
as a strongly individualized
character, which has been
well called an anachronism in our
civilization.”
And Governor Pennoyer, of Oregon, in his
message to the legislature
of that State, pronounced the
officer appointed by the marshal
under the direction of the
Attorney-General to protect
Justices Field and Sawyer from
threatened violence and murder
as a “secret armed assassin,”
who accompanied a Federal
judge in California, and who shot
down in cold blood an unarmed
citizen of that State.
CHAPTER XX.
THE APPEAL TO THE SUPREME COURT OF THE UNITED STATES,
AND THE SECOND
TRIAL OF SARAH ALTHEA’S DIVORCE CASE.
With the discharge from arrest of the brave deputy marshal, Neagle, who had stood between Justice Field and the would-be assassin’s assault, and the vindication by the Circuit Court of the right of the general government to protect its officers from personal violence, for the discharge of their duties, at the hands of disappointed litigants, the public mind, which had been greatly excited by the proceedings narrated, became quieted. No apprehension was felt that there would be any reversal of the decision of the Circuit Court on the appeal which was taken