re 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. When the flag of
the country is fired upon and insulted, it is not