A demurrer was filed by the defendant. It
was argued in July before Justice Field, Judge Sawyer, and District
Judge Sabin. It was overruled on the 3d of September, when the court
ordered that the original suit of Sharon against Hill, and the final
decree therein, stand revived in the name of Frederick W. Sharon as
executor, and that the said suit and the proceedings therein be in
the same plight and condition they were in at the death of William
Sharon, so as to give the executor, complainant as aforesaid, the
full benefit, rights, and protection of the decree, and full power
to enforce the same against the defendants, and each of them, at
all times and in all places, and in all particulars. The opinion
in the case was delivered by Justice Field. During its delivery
he was interrupted by Mrs. Terry with violent and abusive language,
and an attempt by her to take a pistol from a satchel which she held
in her hand. Her removal from the court-room by order of Justice
Field; her husband's assault upon the marshal with a deadly weapon
for executing the order, and the imprisonment of both the Terrys for
contempt of court, will be more particularly narrated hereafter.
The commencement of the proceedings for the revival of the suit was
well calculated to alarm the Terrys. They saw that the decree in the
Circuit Court was to be relied upon for something more than its mere
moral effect.
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