of them were so much inflamed that they declared they
would never live with their wives again if they served on the
jury. The fact that women were drawn as jurors was telegraphed
all over the country, and the newspapers came loaded with hostile
and uncomplimentary criticisms. At this stage of the case Col.
Downey, the prosecuting attorney for the county, wrote to Judge
Howe for advice and direction as to the eligibility of the women
as jurors, and what course should be taken in the premises. At
first Judge Howe was much inclined to order the women discharged,
and new juries drawn; and it certainly required no small amount
of moral courage to face the storm of ridicule and abuse that was
blowing from all quarters. We had a long consultation, and came
to the conclusion that since the law had clearly given all the
rights of electors to the women of the territory, they must be
protected in the exercise of these rights if they chose to assume
them; that under no circumstances could the judges permit popular
clamor to deprive the women of their legal rights in the very
presence of the courts themselves. The result was that Judge Howe
wrote the county attorney the following letter:

CHEYENNE, March 3, 1870.

S. W. DOWNEY--_My Dear Sir_: I have your favor of yesterday,
and have carefully considered the question of the
eligibility of women who are "citizens," to serve on juries.
Mr. Justice Kingman has also considered the question, and we
concur in the opinion that such women are eligible. My
reason for this opinion will be given at length, if occasion
requires. I will thank you to make it known to those ladies
who have been summoned on the juries, that they will be
received, protected, and treated with all the respect and
courtesy due, and ever paid, by true American gentlemen to
true American ladies, and that the Court, in all the power
of government, will secure to them all that deference,
security from insult, or anything which ought to offend the
most refined woman, which is accorded in any walks of life
in which the good and true women of our country have
heretofore been accustomed to move. Thus, whatever may have
been, or may