An exchange of notes in military fashion followed.  Ashe, as commander of the armory and leader of the besieged party, offered to surrender to the Executive Committee of the Vigilantes if protected from violence.  The Executive Committee demanded the surrender of Terry, Maloney, and Philips, as well as of all arms and ammunition, promising that Terry and Maloney should be protected against persons outside the organization.  On receiving this assurance, Ashe threw open the doors of the armory and the Vigilantes marched in.

“All present were disarmed,” writes Bancroft.  “Terry and Maloney were taken charge of and the armory was quickly swept of its contents.  Three hundred muskets and other munitions of war were carried out and placed on drays.  Two carriages then drove up, in one of which was placed Maloney and in the other Terry.  Both were attended by a strong escort, Olney forming round them with his Citizens’ Guard, increased to a battalion.  Then in triumph the Committee men, with their prisoners and plunder enclosed in a solid body of infantry and these again surrounded by cavalry, marched back to their rooms.”

Nor was this all.  Coleman, like a wise general, realizing that compromise was no longer possible, sent out his men to take possession of all the encampments of the Law and Order forces.  The four big armories were cleaned out while smaller squads of men combed the city house by house for concealed arms.  By midnight the job was done.  The Vigilantes were in control of the situation.

CHAPTER XVI

THE TRIUMPH OF THE VIGILANTES

Judge Terry was still a thorny problem to handle.  After all, he was a Judge of the Supreme Court.  At first his attitude was one of apparent humility, but as time went on he regained his arrogant attitude and from his cell issued defiances to his captors.  He was aided and abetted by his high-spirited wife, and in many ways caused the members of the Committee a great deal of trouble.  If Hopkins were to die, they could do no less than hang Terry in common consistency and justice.  But they realized fully that in executing a Justice of the Supreme Court they would be wading into pretty deep water.  The state and federal authorities were inclined to leave them alone and let them work out the manifestly desirable reform, but it might be that such an act would force official interference.  As one member of the Committee expressed it, “They had gone gunning for ferrets and had coralled a grizzly.”  Nevertheless Terry was indicted before the Committee on the following counts, a statement of which gives probably as good a bird’s eye view of Terry as numerous pages of personal description: 

     Resisting with violence the officers of the Vigilance Committee
     while in the discharge of their duties.

     Committing an assault with a deadly weapon with intent to kill
     Sterling A. Hopkins on June 21, 1856.