and the previous decision of the appellate court affirming it. The court
held that this previous judgment had not become the law of the case
pending the appeal from the order denying a new trial. It held that
where two appeals are taken in the same case, one from the judgment
and the other from the order denying a new trial, the whole case must
be held to be under the control of the Supreme Court until the whole
is disposed of, and the case remanded for further proceedings in the
court below. The court reversed its previous decision, and declared
that if the statements made by Sarah Althea and by her witnesses had
been true, she never had been the wife of William Sharon, for the
reason that, after the date of the alleged contract of marriage, the
parties held themselves out to the public as single and unmarried
people, and that even according to the findings of fact by Judge
Sullivan the parties had not assumed marital rights, duties, and
obligations. The case was therefore remanded to the Superior Court
for a new trial.

On the 2d of August the demurrers to the several indictments against
the Terrys came up to be heard in the United States District Court.
The argument upon them concluded on the 5th. On the 7th the demurrer
to one of the indictments against Sarah Althea was overruled and she
entered a plea of not guilty. No decision was rendered at that time
upon either of the five other indictments.

On the following day, August 8th, Justice Field left San Francisco and
went to Los Angeles for the purpose of holding court.

CHAPTER XIII.

ATTEMPTED ASSASSINATION OF JUSTICE FIELD, RESULTING IN TERRY'S OWN
DEATH AT THE HANDS OF A DEPUTY UNITED STATES MARSHAL.

In view of what was so soon to occur, it is important to understand
the condition of mind into which Judge Terry and his wife had now
wrought themselves. They had been married about two years and a half.
In their desperate struggle for a share of a rich man's estate they
had made themselves the terror of the community. Armed at all times
and ready for mortal combat with whoever opposed their claims, they
seemed, up to the 17th of July, to have won their way in the State
courts by intimidation. The decision of the United States Circuit
Court was rendered before they were married. It proclaimed the
pretended marriage agreement a forgery, and ordered it to be delivered
to the clerk of the court for cancellation. Terry's marriage with
Sarah Althea, twelve