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 of the circuit
to another in which either is required to open a court and
hear causes, and for the purpose of fully discharging his
official duties, is while en route in the discharge of an
official function, and constructively his court is open to the
extent that an assault upon him, because of matters pending
in his court, or because of judgments he has rendered or is
to render, is an assault upon the court, and his bailiff or
marshal detailed to attend the court or to aid in preserving
the order and dignity of the court has the same right to
protect him from assault then that he would have, had the
judge actually reached his court-room.

But further than this, we hold that in view of the undeniable
fact that the Justice had knowledge of the fact that the
Terrys, man and wife, had sworn to punish him; that they
had indulged in threats against him of the most pronounced
character; that they had boarded a train on which it is
probable they knew he had taken passage from one part of his
circuit to another in his capacity as a magistrate; in view of
the fact that Terry sought the first opportunity to approach
and strike him, and that, too, when seated; and in view of the
notorious fact that Terry always went armed--the man who shot
Terry would have been justified in doing so had he not even
been