a point just beyond Judge Sawyer, and turning around with an ugly glare at him, hissed out, in a spiteful and contemptuous tone:  “Are you here?” to which the Judge quietly replied:  “Yes, Madam,” and bowed.  She then resumed her seat.  A few minutes after, Judge Terry walked down the aisle about the same distance, looked over into the end section at the front of the car, and finding it vacant, went back, got a small hand-bag, and returned and seated himself in the front section, with his back to the engine and facing Judge Sawyer.  Mrs. Terry did not (at the moment) accompany him.  A few minutes later she walked rapidly down the passage, and as she passed Judge Sawyer, seized hold of his hair at the back of his head, gave it a spiteful twitch and passed quickly on, before he could fully realize what had occurred.  After passing she turned a vicious glance upon him, which was continued for some time after taking her seat by the side of her husband.  A passenger heard Mrs. Terry say to her husband:  “I will give him a taste of what he will get bye and bye.”  Judge Terry was heard to remark:  “The best thing to do with him would be to take him down the bay and drown him.”  Upon the arrival of Judge Sawyer at San Francisco, he entered a street car, and was followed by the Terrys.  Mrs. Terry took a third seat from him, and seeing him, said:  “What, are you in this car too?” When the Terrys left the car Mrs. Terry addressed some remark to Judge Sawyer in a spiteful tone, and repeated it.  He said he did not quite catch it, but it was something like this:  “We will meet again.  This is not the end of it.”

Persons at all familiar with the tricks of those who seek human life, and still contrive to keep out of the clutches of the law, will see in the scene above recited an attempt to provoke an altercation which would have been fatal to Judge Sawyer, if he had resented the indignity put upon him by Mrs. Terry, by even so much as a word.  This could easily have been made the pretext for an altercation between the two men, in which the result would not have been doubtful.  There could have been no proof that Judge Terry knew of his wife’s intention to insult and assault Judge Sawyer as she passed him, nor could it have been proven that he knew she had done so.  A remonstrance from Sawyer could easily have been construed by Terry, upon the statement of his wife, into an original, unprovoked, and aggressive affront.  It is now, however, certain that the killing of Judge Sawyer was not at that time intended.  It may have been, to use Mrs. Terry’s words, “to give him a taste of what he would get bye and bye,” if he should dare to render the decision in the revivor case adversely to them.

This incident has been here introduced and dwelt upon for the purpose of showing the tactics resorted to by the Terrys during this litigation, and the methods by which they sought to control decisions.  It is entirely probable that they had hopes of intimidating the federal judges, as many believed some state judges had been, and that thus they might “from the nettle danger, pluck the flower safety.”