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. The funeral passed off without excitement. The rector being absent, the funeral service was read by a vestryman of the church.

On the day after Judge Terry's death the following proceedings occurred in the Supreme Court of the State:

Late in the afternoon, just after the counsel in a certain action had concluded their argument, and before the next cause on the calendar was called, James L. Crittenden, Esq., who was accompanied by W.T. Baggett, Esq., arose to address the court. He said: "Your honors, it has become my painful and sad duty to formally announce to the court the death of a former chief justice"--

Chief Justice Beatty: "Mr. Crittenden, I think that is a matter which should be postponed until the court has had a consultation about it."

The court then, without leaving the bench, held a whispered consultation. Mr. Crittenden then went on to say: "I was doing this at the request of several friends of the deceased. It has been customary for the court to take formal action prior to the funeral. In this instance, I understand the funeral is to take place to-morrow."

Chief Justice Beatty: "Mr. Crittenden, the members of the court wish to consult with each other on this matter, and you had better postpone your motion of formal announcement until to-morrow morning."

Mr. Crittenden and Mr. Baggett then withdrew from the court-room.

On the following day, in the presence of a large assembly, including an unusually large attendance of attorneys, Mr. Crittenden renewed his motion. He said:

"If the court please, I desire to renew the matter which I
began to present last evening. As a friend--a personal
friend--of the late Judge Terry, I should deem myself very
cold, indeed, and very far from discharging the duty which is
imposed upon that relation, if I did not present the 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.