f which he is an officer, and the fact then inquired into. The
attorney-general of the State appeared with the district attorney
of San Joaquin county, and contended that the offense of which
the petitioner was charged could only be inquired into before the
tribunals of the State.

CHAPTER XVI.

JUDGE TERRY'S FUNERAL--REFUSAL OF THE SUPREME COURT OF CALIFORNIA TO
ADJOURN ON THE OCCASION.

The funeral of Judge Terry occurred on Friday, the 16th. An
unsuccessful attempt was made for a public demonstration. The fear
entertained by some that eulogies of an incendiary character would be
delivered was not realized. The funeral passed off without excitement.
The rector being absent, the funeral service was read by a vestryman
of the church.

On the day after Judge Terry's death the following proceedings
occurred in the Supreme Court of the State:

Late in the afternoon, just after the counsel in a certain action had
concluded their argument, and before the next cause on the calendar
was called, James L. Crittenden, Esq., who was accompanied by W.T.
Baggett, Esq., arose to address the court. He said: "Your honors, it
has become my painful and sad duty to formally announce to the court
the death of a former chief justice"--

Chief Justice Beatty: "Mr. Crittenden, I think that is a matter which
should be postponed until the court has had a consultation about it."

The court then, without leaving the bench, held a whispered
consultation. Mr. Crittenden then went on to say: "I was doing this at
the request of several friends of the deceased. It has been customary
for the court to take formal action prior to the funeral. In this
instance, I understand the funeral is to take place to-morrow."

Chief Justice Beatty: "Mr. Crittenden, the members of the court wish
to consult with each other on this matter, and you had better postpone
your motion of formal announcement until to-morrow morning."

Mr. Crittenden and Mr. Baggett then withdrew from the court-room.

On the following day, in the presence of a large assembly, including
an unusually large attendance of attorneys, Mr. Crittenden renewed his
motion. He said:

"If the court please, I desire to renew the matter which I
began to present last evening. As a friend--a personal
friend--of the late Judge Terry, I should deem myself very
cold, indeed, and very far from discharging the duty which is
imposed upon that relation, if I did not present t