Benham, a lawyer in this city. All these men deserve the penitentiary equally with Judge Terry."
And now, after this cold-blooded exhibition of inhumanity and wanton insult of the law, comes the prostitution of the law, for the shielding of its august offender. Throughout life Terry's actions, if they speak at all, imply simply this : laws are made for the masses, who must be taught to respect them, to regard it as impious to break, or even so much as violently to touch them. We who make and construe the law, while outwardly showing it the greatest deference for ourselves and our ermine's sake, may indulge in a little license; at all events we will so indulge and break it when we please. Knowing thoroughly its temper, pliability and capability, should we find ourselves at any time unfortunately without the pale of it, we will bend it to our purpose. Teach the people to bow before law as before any superstition, and we, the ministers of the law, may gratify our lawless passions as we please.
Seeing the destruction he had wrought upon his adversary, Terry retired to his farm twenty -five miles from Stockton. Before the duel he had given his resignation of office to a friend to be handed to the governor in case the affair came off. On the 17th of September Terry was arrested by policemen Lees and Ellis, on a warrant sworn out by P. W. Shephard, and issued by M. P. Blake, county judge. He was brought before the court and released on giving $10,000 bail. F. Truett, his defender before the vigilance committee, was one of his bondsmen. The case was several times postponed and shifted from one court to another, until after nine months of dexterous manipulation it was sent by Hager of the district court to Marin county. "Few of our readers will be surprised at this result," says the Bulleting the 11th of June 1860. " To use a vulgar phrase, it was one of those things which had been cut and dried, and most people hereabouts were expecting it. The history of this prose
