udge Sullivan in his opinion
rendered in her favor?
Justice Field, in what he was reading that so incensed Mrs. Terry, was
simply stating the effect of a decree previously rendered in a case,
in the trial of which he had taken no part. He was stating the law
as to the rights established by that decree. The efforts then made by
Terry, and subsequently by his friends and counsel, to make it appear
that his assault upon the marshal and defiance of the court were
caused by his righteous indignation at assaults made by Judge Field
upon his wife's character were puerile, because based on a falsehood.
The best proof of this is the opinion itself.
Judge Terry next applied to the Supreme Court of the United States for
a writ of habeas corpus. In that application he declared that on
the 12th day of September, 1888, he addressed to the Circuit Court a
petition duly verified by his oath, and then stated the petition for
release above quoted. Yet in a communication published in the _San
Francisco Examiner_ of October 22d he solemnly declared that this very
petition was not filed by any one on his behalf. After full argument
by the Supreme Court the writ was denied, November 12, 1888, by an
unanimous court, Justice Field, of course, not sitting in the case.
Justice Harlan delivered the opinion of the Court.
CHAPTER X.
PRESIDENT CLEVELAND REFUSES TO PARDON TERRY--FALSE STATEMENTS OF TERRY
REFUTED.
Before the petition for habeas corpus was presented to the Supreme
Court of the United States, Judge Terry's friends made a strenuous
effort to secure his pardon from President Cleveland. The President
declined to interfere. In his efforts in that direction Judge Terry
made gross misrepresentations as to Judge Field's relations with
himself, which were fully refuted by Judge Heydenfeldt, the very
witness he had invoked. Judge Heydenfeldt had been an associate of
Judge Terry on the State supreme bench. These representations and
their refutation are here given as a necessary element in this
narrative.
Five days after he had been imprisoned, to wit, September 8, Terry
wrote a letter to his friend Zachariah Montgomery at Washington,
then Assistant Attorney-General for the Interior Department under the
Cleveland Administration, in which he asked his aid to obtain a pardon
from the President. Knowing that it would be useless to ask this upon
the record of his conduct as shown by the order for his commitment,
he resorted to t
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