Justice Field left California for Washington in September, 1888, a few days after the denial of Terry’s petition to the Circuit Court for a release.  The threats against his life and that of Judge Sawyer so boldly made by the Terrys were as well known as the newspaper press could make them.  In addition to this source of information, reports came from many other directions, telling of the rage of the Terrys and their murderous intentions.  From October, 1888, till his departure for California, in June following, 1889, his mail almost every day contained reports of what they were saying, and the warnings and entreaties of his friends against his return to that State.  These threats came to the knowledge of the Attorney-General of the United States, who gave directions to the marshal of the northern district of California to see to it that Justice Field and Judge Sawyer should be protected from personal violence at the hands of these parties.

Justice Field made but one answer to all who advised against his going to hold court in California in 1889, and that was, “I cannot and will not allow threats of personal violence to deter me from the regular performance of my judicial duties at the times and places fixed by law.  As a judge of the highest court of the country, I should be ashamed to look any man in the face if I allowed a ruffian, by threats against my person, to keep me from holding the regular courts in my circuit.”

Terry’s murderous intentions became a matter of public notoriety, and members of Congress and Senators from the Pacific Coast, in interviews with the Attorney-General, confirmed the information derived by him from other sources of the peril to which the United States judges in California were subjected.  He, in consequence, addressed the following letter on the subject to Marshal Franks: 

    “DEPARTMENT OF JUSTICE,
    “WASHINGTON, April 27, 1889.

    “JOHN C. FRANKS,
    “United States Marshal, San Francisco, Cal.

“SIR:  The proceedings which have heretofore been had in the case of Mr. and Mrs. Terry in your United States Circuit Court have become matter of public notoriety, and I deem it my duty to call your attention to the propriety of exercising unusual precaution, in case further proceedings shall be had in that case, for the protection of His Honor Justice Field, or whoever may be called upon to hear and determine the matter.  Of course, I do not know what may be the feelings or purpose of Mr. and Mrs. Terry in the premises, but many things which have happened indicate that violence on their part is not impossible.  It is due to the dignity and independence of the court and the character of its judges that no effort on the part of the Government shall be spared to make them feel entirely safe and free from anxiety in the discharge of their high duties.

    “You will understand, of course, that this letter is not for
    the public, but to put you upon your guard.  It will be proper
    for you to show it to the District Attorney if deemed best.