ase mainly for
the purpose of reviewing the facts and giving them the Terry stamp.
His ambition seems to have been to insult Justice Field and his
associates in the Circuit Court by charging them with misrepresenting
the facts of the occurrence, thus repeating Terry's reckless
accusations to that effect. For Terry he had only words of eulogy and
admiration, and said he was "straightforward, candid, and incapable
of concealment or treachery himself, and therefore never suspected
treachery, even in an enemy."

These noble qualities Terry had illustrated by assaulting Justice
Field from behind while the latter was in a position which placed him
entirely at the mercy of his assailant.

Montgomery thought that not only Neagle, but the President,
Attorney-General, district attorney, and Marshal Franks should be
arraigned for Terry's murder.

Although Justice Field had expressly advised the marshal that it was
unnecessary for anybody to accompany him to Los Angeles, and although
Neagle went contrary to his wish, and only because the marshal
considered himself instructed by the Attorney-General to send him, yet
Mr. Montgomery especially demanded that he (Justice Field) should be
tried for Terry's homicide. This, too, in the face of the fact
that under instructions from the attorney-general of the State of
California, aroused to his duty by the Governor, the false, malicious,
and infamous charge made against Justice Field by Sarah Althea Terry
was dismissed by the magistrate who had entertained it, on the ground
that it was manifestly destitute of the shadow of a foundation, and
that any further proceedings against him would be "a burning disgrace
to the State."

The decision of the Circuit Court discharging Neagle from the custody
of the sheriff of San Joaquin county was affirmed by the Supreme court
of the United States on the 14th of April, 1890. Justice Field did not
sit at the hearing of the case, and took no part in its decision, nor
did he remain in the conference room with his associate justices at
any time while it was being considered or on the bench when it was
delivered. The opinion of the Court was delivered by Justice Miller.
Dissenting opinions were filed by Chief Justice Fuller and Justice
Lamar. Justice Miller's opinion concludes as follows:

"We have thus given, in this case, a most attentive
consideration to all the questions of law and fact which we
have thought to be properly involved in i