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:

The criminal proceedings against the Terrys were at a standstill,
having been allowed to drag along for nine months, with no further
progress than the filing of demurrers to the