In his opinion Judge Sullivan reviewed the opinion of
Justice Field in the revivor suit, taking issue therewith. As that
decision had been affirmed by the Supreme Court of the United States
nearly a month before, to wit, on the 13th of May, 1889, it was rather
late for such a discussion. Having thus decided, however, that the
motion for a receiver could be made, he set the hearing of the same
for July 15, 1889.
On the 27th of May, one week before the rendering of this decision
by Judge Sullivan, the mandate of the United States Supreme Court had
been filed in the Circuit Court at San Francisco, by which the decree
of that court was affirmed. Whether a receiver would be appointed by
Judge Sullivan, in the face of the decision of the Supreme Court of
the United States, became now an interesting question. Terry and his
lawyers affected to hold in contempt the Supreme Court decree, and
seemed to think no serious attempt would be made to enforce it.
Meantime, both of the Terrys had been indicted in the United States
Circuit Court for the several offenses committed by them in assaulting
the marshal in the court-room as hereinbefore described. These
indictments were filed on the 20th of September. Dilatory motions were
granted from time to time, and it was not until the 4th of June that
demurrers to the indictments were filed.
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