the Supreme Court of California in its early days and had served on
the same court with Judge Stephen J. Field, was a noted duelist and was
known to have killed one man in a duel. Mr. Justice Field had been
appointed from the California court to be a Supreme Justice of the
United States by Mr. Lincoln during the war. Pending the litigation,
Senator Sharon died and soon thereafter the association of Miss Hill and
Judge Terry as client and counsel developed into a warmer relation and
they became man and wife. She was a very violent woman, as Judge Terry
was a violent man, and made threatening demonstrations in court when
Justice Field gave the judgment against her. Justice Field sentenced
Mrs. Terry to thirty days' imprisonment for contempt because in her fury
she insulted the Court and attempted to commit violence upon the Judge.
The bitterness of feeling between the Terrys and Justice Field was
really heightened by the old association between Judge Terry and Justice
Field as judicial colleagues. The Terrys frequently declared their
intention, when occasion offered, to kill Judge Field. Word of this came
to the Attorney-General, then W. H. H. Miller, in Mr. Harrison's
administration. He notified the United States Marshal to direct a
deputy to follow Justice Field in his Circuit work and protect him
against any threatened attack.

As Justice Field was proceeding north from Los Angeles to San Francisco
to hold court there, he got out for breakfast at Fresno. Unfortunately
the Terrys reached the same station on another train at the same time.
Justice Field and Neagle, the deputy marshal, got out of the train, went
into the restaurant and sat down. When Judge and Mrs. Terry came in and
Mrs. Terry saw Justice Field, she ran out to the car to get a revolver
she had left in her satchel by an oversight. In the meantime Judge Terry
went up to Justice Field, denounced him and struck him from behind.
Thereupon Neagle arose, saying, "I am an officer, keep off," but Judge
Terry continued to assault Justice Field. Neagle said he thought Judge
Terry reached for a knife. At any rate, Neagle shot, and Terry fell dead
at the feet of Justice Field.

Neagle was at once indicted by a state jury for murder. He went into the
Federal Court and got a writ of _habeas corpus_, asking to be released
on the ground that he was discharging a duty under the government of the
United States. Judge Sawyer granted the writ and released Neagle. The
state