r of having wilfully
perjured herself in several instances while testifying in her own
case, and of having suborned perjury, and of having knowingly offered
in evidence a forged document. But this reference to Judge Sullivan's
accusations against Mrs. Terry was not reached in the reading of
Justice Field's opinion until nearly an hour after Mrs. Terry had been
forcibly removed from the court-room for contempt, and therefore
she did not hear it. This fact appears on record in the contempt
proceedings.

But the most extraordinary feature of Mr. Montgomery's brief is yet
to be noticed. He says that "If the assault so made by Judge Terry was
not for the purpose of then and there killing or seriously injuring
the party assaulted, but for the purpose of provoking him into a duel,
then the killing of the assailant for such an assault was a crime."

And again he says:

"I have said that if the purpose of Judge Terry's assault
upon Field was for the purpose of killing him then and there,
Neagle, and not Neagle only, but anybody else, would have been
justifiable in killing Terry to save the life of Field; but
that if Terry's object in assaulting Field was not then and
there to kill or otherwise greatly injure him, but to draw
him into a duel, then such an assault was not sufficient to
justify the killing."

He then proceeds to speak of Judge Terry's duel with Senator
Broderick, in which the latter was killed. He refers to many eminent
citizens who have fought duels, although he admits that dueling is
a sin. He then explains that "as a rule the duelist who considers
himself wronged by another, having the position and standing of a
gentleman, tenders him an insult, either by a slap in the face or
otherwise, in order to attract a challenge. Such undoubtedly was
Terry's purpose in this case. All of Terry's threats point precisely
to that."

Here Mr. Montgomery seems to be in accord with Sarah Althea Terry,
who, as we have seen, stated that "Judge Terry intended to take out
his satisfaction in slaps." In the same direction is the declaration
of Porter Ashe, when he said:

"Instant death is a severe punishment for slapping a man on
the face. I have no suspicion that Terry meant to kill Field
or to do him further harm than to humiliate him."

And also that of Mr. Baggett, one of Terry's counsel, who said:

"I have had frequent conversations with Terry about Field,
and he ha