him and the protector incarcerated in jail.  The constable doubtless did only what he was told and what he believed to be his duty.  Neagle declined to make any issue with him of a technical character and went with him uncomplainingly.  If Neagle’s pistol had missed fire, or his aim had been false, he might have been arrested on the spot for his attempt to protect Justice Field, while Terry would have been left free at the same time to finish his murderous work then, or to have pursued Justice Field into the car and, free from all interference by Neagle, have despatched him there.  The State officials were all activity to protect the would-be murderer, but seemed never to have been ruffled in the least degree over the probable assassination of a justice of the Supreme Court of the United States.  The Terrys were never thought to be in any danger.  The general belief was that Judges Field and Sawyer were in great danger from them.

The death of Terry displeased three classes:  first, all who were willing to see Justice Field murdered; second, all who naturally sympathize with the tiger in his hunt for prey, and who thought it a pity that so good a fighter as Terry should lose his life in seeking that of another; and, third, all who preferred to see Sarah Althea enjoy the property of the Sharon estate in place of its lawful heirs.

It is plain from the foregoing review that the State authorities of California presented no obstruction to Terry and his wife as they moved towards the accomplishment of their deadly purpose against Justice Field.  It was the Executive arm of the nation operating through the deputy United States marshal, under orders from the Department of Justice, that prevented the assassination of Justice Field by David S. Terry.

* * * * *

It only remains to state the result of the second trial of the case between Sarah Althea Hill, now Mrs. Terry, and the executor of William Sharon before the Superior Court of the city of San Francisco.  It will be remembered that on the first trial in that court, presided over by Judge Sullivan, a judgment was entered declaring that Miss Hill and William Sharon had intermarried on the 25th of August, 1880, and had at the time executed a written contract of marriage under the laws of California, and had assumed marital relations and subsequently lived together as husband and wife.  From the judgment rendered an appeal was taken to the Supreme Court of the State.  A motion was also made for a new trial in that case, and from the order denying the new trial an appeal was also taken to the Supreme Court.  The decision on the appeal from the judgment resulted in its affirmance.  The result of the appeal from the order denying a new trial was its reversal, with a direction for a new trial.  The effect of that reversal was to open the whole case.  In the meantime William Sharon had died and Miss Hill had married David S. Terry.  The executor of William Sharon, Frederick W. Sharon, appeared as his representative in the suit, and filed a supplemental answer.  The case was tried in the Superior Court, before Judge Shafter, in July, 1890, and on the 4th of August following the Judge filed his findings and conclusions of law, which were, briefly, as follows: