A traverse to that return was then
filed, presenting various grounds why the petitioner should not be
held, the most important of which were that an officer of the United
States, specially charged with a particular duty, that of protecting
one of the justices of the Supreme Court of the United States
whilst engaged in the performance of his duty, could not, for an act
constituting the very performance of that duty, be taken from the
further discharge of his duty and imprisoned by the State authorities,
and that when an officer of the United States in the discharge of his
duties is charged with an offense consisting in the performance of
those duties, and is sought to be arrested, and taken from the further
performance of them, he can be brought before the tribunals of the
nation of 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.
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