he matter
which I propose to present to this bench this morning. I have
known the gentleman to whom I have reference for over thirty
years, and I desire simply now, in stating that I make this
motion, to say that the friendship of so many years, and the
acquaintance and intimacy existing between that gentleman and
his family and myself for so long a period, require that I
should at this time move this court, as a court, out of
recollection for the memory of the man who presided in the
Supreme Court of this State for so many years with honor,
ability, character, and integrity, and, therefore, I ask this
court, out of respect for his memory, to adjourn during the
day on which he is to be buried, which is to-day."

Chief Justice Beatty said:

"I regret very much that counsel should have persisted in
making this formal announcement, after the intimation from the
court. Upon full consultation we thought it would be better
that it should not be done. The circumstances of Judge Terry's
death are notorious, and under these circumstances this court
had determined that it would be better to pass this matter in
silence, and not to take any action upon it; and that is the
order of the court."

The deceased had been a chief justice of the tribunal which, by its
silence, thus emphasized its condemnation of the conduct by which he
had placed himself without the pale of its respect.

CHAPTER XVII.

HABEAS CORPUS PROCEEDINGS IN JUSTICE FIELD'S CASE.

On Thursday, August 22d, the hearing of the _habeas corpus_ case of
Justice Field commenced in the United States Circuit Court, under
orders from the Attorney-General, to whom a report of the whole matter
had been telegraphed. The United States district attorney appeared
on behalf of Justice Field. In addition to him there also appeared as
counsel for Justice Field, Hon. Richard T. Mesick, Saml. M. Wilson,
Esq., and W.F. Herrin, Esq. The formal return of the writ of _habeas
corpus_ had been made by the sheriff of San Joaquin county on the
16th. To that return Justice Field presented a traverse, which was in
the following language, and was signed and sworn to by him:

"The petitioner, Stephen J. Field, traverses the return of the
sheriff of San Joaquin county, State of California, made by
him to the writ of _habeas corpus_ by the circuit judge on the
ninth circuit, and made retur