such a place is misbehavior in the
presence of the court. (See vol. 131, U.S. Reports, page 277, where
the case is reported.)

Mr. Montgomery was feckless enough to contradict the record when he
stated that Justice Field in his opinion in the revivor case "took
occasion to discuss at considerable length the question of the
genuineness of the aforesaid marriage document, maintaining very
strenuously that it was a forgery, and that this it was that so
aroused the indignation of Mrs. Terry that she sprang to her feet and
charged Justice Field with having been bought."

There is not a word of truth in this statement. Justice Field, in
overruling the demurrer, never discussed at all the genuineness of the
marriage agreement. How, then, could it be true that words, nowhere to
be found in Judge Field's opinion, "so aroused the indignation of
Mrs. Terry that she sprang to her feet and charged Justice Field with
having been bought"? Justice Field discussed only the legal effect
of the decree already rendered by the United States Circuit Court. He
said nothing to excite the woman's ire, except to state the necessary
steps to be taken to enforce the decree. He had not participated in
the trial of the original case, and had never been called upon to
express any opinion concerning the agreement. Mr. Montgomery said in
his brief that the opinion read by Justice Field, "while overruling a
demurrer, assails this contract, in effect pronouncing it a forgery."
This statement is totally unfounded. From it the casual reader would
suppose that the demurrer was to the complaint in the original
case, and that the court was forestalling evidence, whereas it was a
demurrer in a proceeding to revive the suit, which had abated by the
death of the party, and to give effect to the decree already rendered
therein, after a full hearing of the testimony.

Mr. Montgomery said:

"The opinion also charges Mrs. Terry with perjury, after she has sworn
that it was genuine."

The judgment of a court may be referred to by one of its judges, even
though the rendering of the judgment convicted a party or a witness,
of perjury, without furnishing the perjurer with a justification
for denouncing the judge. Mr. Montgomery furthermore said that the
"opinion charged her not only with forgery and perjury, but with
unchastity as well; for if she had not been Sharon's wife, she had
unquestionably been his kept mistress." He says:

"At the announcement of th