New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-12-09
THE TERRY CONTEMPT.
TIE PISTOL AND THE BOWIE KNIFE IN
COURT
THE POWERS OF THE UNITED STATES COURTS
IN MATTERS OF CoNTEMPT-oPINIoNs OF
JUSTICES held AND HARLAN.

IN MATTERS OF CONTEMPT-oPINIoNS OF
JUSTICES HELD AND HARLAN.
Tho assault bycx-Judge Terry Of California, upon the
marshal and otter officers OF tho United States Ciicu'e
| Court OF California, while they removing from
bc court room as Wife, the famous Sarah Althea HILL
OHIO insisted UPON rising in the court and insulting
,,,.c Field while he was reading his opinion in the
sharon case rcvlug the judgment Of the Circuit Court
which declared her marriage contract with the late
senator Sharon to be forgery attracted at the time
,,tversal atteIfion Since that time legal opinions
have been delivered both by the Circuit Court OF
california and he Supreme Court OF the United STATES
defining the pcveis of courts to protect themselves
which will be of interest not only to lawyers but
laymen.
II will be remembered that IN September last while
e Judges of tic United States Circuit Court OF Caor
MIA were delivering their opinions In the case OF FRANCIS
q Newlands aid Others against David S. Terry and
wife and Fred W Sharon against the same defendants
Mrs Terry interrupted Mr. Justice Field, VINO was read
Ing the opinion OF the court, and insulied him grossly
and upon her rfsa to sit down Justice fled oruereu
the marshal to remove her from the courtroom. Inc
marshal was about 10 execute the order wheh Terry
assaulted and lea, him in the presence Of the court
The officers court and other citizens selzcd Terry
and restrained aim until his wife was taken from the
court room When this was done Terry was allowed
10 leave as he vas doing be drew bowie knlie
from lis bosom, but was seized In the corridor Oh tho
court by the deputy niaIshals and his knife taken
away from him subsequently, loaded pistol was
found In satchl Of Mrs Terry which she had taken
with her to the Courtroom. The court was scene OF
Intense cXcitem ut. but after quiet was restored Mr.
Justice Field continued to read his opinion to tho
end shortly after, and the Same day, the
Judges made ar order committing Terry and his
vito for contempt Of court, sentencing Terry 10
six months Imprisonment and Mrs Terry to one
month Mrs Terry has served the term OF her sentence
but cXJudge Terry has been making several very mel
fccual attempts to get out Of jail lie first presented
petition to the Circuit Court, praying that his
sentence be modified, upon the ground that he
did intend any contempt disespect Of the Court
This petition was disposed OF by the Circuit Court,
consisting OF justice Field and Circuit Judge sawyer
and District Judge sabn, in the following opinion
delivered by Mr.. Justice Field:
OPINION OF JUSTICE FIELD.
Mr. Justice Field delivered the opinion of the Court
on the petition. ~
We have received a petition from David S. Terry
praying that the oder OF this Court committing MIN
10 prison for contempt may be revoked
TO pass intelligLly upon the petition, BRIEF state
mcnt OF the circumstances under which the order
made Will be necessary. on the Sd of septemoer
instant the cases Of Frederick W. Sharon, executor
against David 5. Terry and sarah Althea Terry his
wife, and Of Francis G.. NewlanfS, as trustee, ana
others against the same parties were before this court
on demurrer, bls revive and carry into execution
the final decree In the suit of William Sharon vs..
sarah Althca I'M aud were decided that day.
shortly before the Court opened the defendants came
INTO The courtroom and look their seats within the
bar at the table next the clerks desk, and almost
Immediately in front Of the judges, the defendant
David >: Terry being az tho time armed WIN
howicknfe concealed his person, and the defendant
Sarah Althea, his wif., carrying in her hand small
satchc which contained revolver OF SIX chambers,
five d, which we're loaded The Court at the time was
held by Justice the supreme Court OF the United
states assigned TO this circuit who was presiding,
me pi,ei states Ccnit Judge OF This circuit and the
United District Judge of the District of Nevada
called 10 thi, district to assist in holding the Circuit
Court Almost Immediately after the opening Of the
fH,rfrH tflt
opinion In the cases mentioned, but had not read
NOR than oue-ourth NJ n when the defendant, sarah
in an excited manner, whether he going To order
her to give mp the marriage contract 10 be cancelled
The presiding justice replied BE seated, madam"
She repeated the question, and again told to be
seated She then cried out I'm a violent manner that
price he held himself at; that he had got New
laudss money for his decision and everybody knew It or
cXact language The judges and parties present differ
as 10 the precise words used. but all concur to
lhcir being OF an exceedingly vimpcrahye and insult
Ing character
The presiding justice then directed the marshal
20 remove her from the court room. Hhe inmedalely
exclaimed lhat she world not go from the room, ana
thar one could take her from IT, or words to that
Tho marshal thereupon proceeded toward her to
carry out the order for her removal and compel her
10 leave, when the defendant, David $ Terry, roso
from his seat, evidently under great excitement
eXclaiming among other things that " No living MAJ
shall touch my wife, words OF that import, and
dealt the marshal a violent blow In his face ne
then unbnttoned his coat and thrust his hand under
his vest where his bowie knife kept, apparently
for the purpose OF drawing it.. when he was sized
from Drawn drawing KS s''" weapon ms AMI H' he HIM
SELF forced down his back. The marshal item re-
moved lIr, Terry from The courtroom. soop after
ward NJ. Terry was allowed TO Iise and was accom-
On which was the maIshal's Office As he vas about
leaving The room. or Immediately after stepping out OF
. and IS inmai"tal which,, he succeeded In draw
ing his knife when his seized by a dep
uly marshal and Others present, TO prcyci him from
only after a violent struggle The afda,Its OF officers
Of the court and Others present filed herewith. detail
the facts
For their conduct and resistance to tie execution Of
The order Of the Court the defendant sarah Althea
contempt and ordered to Be mprisond, the former for
thirty days and the latter for six mcnths
conduct of Sarah Altca and the 'rder of the Court
directing the marshal TO remove Ter nom the court
the ORDER the said Davi. ;. Terry assaulted
him I'm the presence " the Coup and beat him; and
also that said Terry wrongiull1 and unlawfully
Saued The marshal with a deadg weapon, with intent
to ohsiruct the administration q )uslce
alildgcd guilty OF coGompt; FIRST resisting the
shall I'm the execution o. the order. and beating him.
and second unawfully assauiing the marshal with
section 755 Of tho Reviecc Statutes defines the pow,
crs Of the courts OF The Ulitcl in matters OF
conempt II declares that the said courts shall
have power punish by fine mprisOn-
mel the discretion of he Court, contcmpts Of their
temps shall rot be construed to extend 10 any cases
cnce or 50 near thcIc;o obstuct the alminsira-
ton Of Justice, she mihehayor Of Of the officers
Of said Court I'm their dical Transactions and the dis
obedience or sienc by any such officer or by any
party, juror. witness or other person. to any lawful
writ process, order, ue, decree, or command Of tho
said courts
As thus seen coitempts embrace three classes Of
acts First the m.4chavor Of any person in the pres
cuce Of the courts or near thereto TO obstruct
the administrator OF justice
Second the mibehaVor Of any of the officers OF the
Court I'm their oHrial transactions and
Third, The diHhcdicncc resistance by any such
officer by an party. Juror, witness other person
10 any lawful writ process order. rule, decree,
mand Of the courts.
The nlsb"rylor OF the defendant. David 5. Terry.
IN the pcscnc Of TIE Court I'm the court room. aud IN
the corridor which was near thereto, and I'm one Of
which land matters not which, he drew his bowie
knife and haHd -hcl II with thlcai against the dep
MY OF the nareha and Others aiding him. sufficient
Itself Justify the punishment imposed But great
this Ofrnce was tue fUrcbla resistance offered 70
hr marlai IN his attempt 80 execute the order OF tho
Court, ald beating him. far greater and moro
serious fiia.r. THIS resistance and beating OF ITS OIL
Was ihn LLchesl pne-hle lndgnLty 20 The Gnyern