indictments.
The appeal to the Supreme Court of the State from Judge Sullivan's
order denying a new trial had been argued and submitted on the 4th of
May, but no decision had been rendered.
Despite the pendency of that appeal, by reason of which the judgment
of the Supreme Court of the State had not yet become final, and
despite the mandate of the United States Supreme Court affirming the
decree in the revivor case, Judge Sullivan had, as we have already
seen, set the 15th of July for the hearing of the motion of the Terrys
for the appointment of a receiver to take charge of the Sharon estate.
For them to proceed with this motion would be a contempt of the United
States Circuit Court.
The arrival of Justice Field should have instructed Judge Terry that
the decree of that court could not be defied with impunity, and that
the injunction issued in it against further proceedings upon the
judgment in the state court would be enforced with all the power
authorized by the Constitution and laws of the United States for the
enforcement of judicial process.
As the 15th of July approached, the lawyers who had been associated
with Terry commenced discussing among themselves what would be the
probable consequence to them of disobeying an injunction of the United
States Circuit Court. The attorneys for the Sharon estate made known
their determination to apply to that Court for the enforcement of
its writ in their behalf. The Terrys' experience in resisting the
authority of that court served as a warning for their attorneys.
On the morning of the 15th of July Judge Terry and his wife appeared,
as usual, in the Superior Court room. Two of their lawyers came in,
remained a few minutes and retired. Judge Terry himself remained
silent. His wife arose and addressed the court, saying that her
lawyers were afraid to appear for her. She said they feared if they
should make a motion in her behalf, for the appointment of a receiver,
Judge Field would put them in jail; therefore, she said, she appeared
for herself. She said if she got in jail she would rather have her
husband outside, and this was why she made the motion herself, while
he remained a spectator.
The hearing was postponed for several days. Before the appointed
day therefor, the Supreme Court of the State, on the 17th of July,
rendered its decision, reversing the order of Judge Sullivan refusing
a new trial, thereby obliterating the judgment in favor of Sarah Althea,
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