Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State eBook

George Congdon Gorham
This eBook from the Gutenberg Project consists of approximately 412 pages of information about Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State.

    “Yours truly,

    “W.H.H.  MILLER,
    “Attorney-General.”

A month later the Attorney-General authorized the employment of special deputies for the purpose named in the foregoing letter.

CHAPTER XII.

FURTHER PROCEEDINGS IN THE STATE COURT.—­JUDGE SULLIVAN’S DECISION REVERSED.

Mrs. Terry did not wait for the release of her husband from jail before renewing the battle.  On the 22d of January, 1889, she gave notice of a motion in the Superior Court for the appointment of a receiver who should take charge of the Sharon estate, which she alleged was being squandered to the injury of her interest therein acquired under the judgment of Judge Sullivan.  On the 29th of January an injunction was issued by the United States Circuit Court commanding her and all others to desist from this proceeding.  The Terrys seemed to feel confident that this would bring on a final trial of strength between the federal and state courts, and that the state court would prevail in enforcing its judgment and orders.

The motion for a receiver was submitted after full argument, and on the 3d of June following Judge Sullivan rendered a decision asserting the jurisdiction of his court to entertain the motion for a receiver, and declaring the decree of the United States Circuit Court inoperative.  In his opinion Judge Sullivan reviewed the opinion of Justice Field in the revivor suit, taking issue therewith.  As that decision had been affirmed by the Supreme Court of the United States nearly a month before, to wit, on the 13th of May, 1889, it was rather late for such a discussion.  Having thus decided, however, that the motion for a receiver could be made, he set the hearing of the same for July 15, 1889.

On the 27th of May, one week before the rendering of this decision by Judge Sullivan, the mandate of the United States Supreme Court had been filed in the Circuit Court at San Francisco, by which the decree of that court was affirmed.  Whether a receiver would be appointed by Judge Sullivan, in the face of the decision of the Supreme Court of the United States, became now an interesting question.  Terry and his lawyers affected to hold in contempt the Supreme Court decree, and seemed to think no serious attempt would be made to enforce it.

Meantime, both of the Terrys had been indicted in the United States Circuit Court for the several offenses committed by them in assaulting the marshal in the court-room as hereinbefore described.  These indictments were filed on the 20th of September.  Dilatory motions were granted from time to time, and it was not until the 4th of June that demurrers to the indictments were filed.  The summer vacation followed without any argument of these demurrers.  It was during this vacation that Justice Field arrived in California, on the 20th of June.  The situation then existing was as follows: 

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Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State from Project Gutenberg. Public domain.
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