whist. After he had decided the case in our favor, he invited Judge Grant, Noble and myself to come to his room for a game. We accepted the invitation and Judge Grant and I played against Justice Miller and General Noble. Grant and I beat them very badly, and at its close Miller said to Grant, "Well, Judge, you have beaten me at whist, but I hold over you in court, don't I?" Grant had to "acknowledge the com."

Justice Miller had a great admiration for Judge Hallet. I heard him say in the Supreme Court at Washington one day, "I have as much confidence in Judge Hallet in mining cases as I have in Judge Treat in patent cases."

Justice Miller was one of the greatest men of the Supreme Court. He was stern on the bench but as sweet and gentle as a child when off. Among the most important cases decided by him was that of Nagel, a deputy United States Marshal, who shot and killed in California Judge Terry, who was attempting the life of Justice Field. This occurred in a hotel between places where Justice Field held court. The State of California through its attorney, demanded that Nagel be tried before a jury of the State Court. This demand was resisted by Nagel, who claimed that if tried at all he should be tried in the Federal Court. Thus the question of jurisdiction was raised. Justice Miller delivered the opinion of the court holding that the Federal court alone had jurisdiction.

After this decision I met Mr. Justice Field in the office of the Secretary of the Interior, General John W. Noble. He was greatly pleased, of course, with

the opinion of Justice Miller. He spoke of the killing of Senator Broderick by Terry in a duel during the administration of President Buchanan. Terry was a southerner and an appointee of Buchanan. Broderick was a supporter of Stephen A. Douglas against Buchanan. The duel was sought by Terry and he challenged Broderick. Broderick was mortally wounded in the conflict, dying a short time after. Senator Baker delivered an oration at the grave of Broderick. Among other things he said, "The last words of Broderick to me just before his heart ceased to beat were, "They have killed me because I was opposed to slavery and a corrupt administration.'" General Baker was killed at Ball's Bluff during the Civil War. This oration by Baker and the opinion of Justice Miller were published in a pamphlet by Justice Field. Judge Terry was a man of ability, but was educated to believe not only in the right of one man to own another but in the right to take the life of a fellowman for some real or supposed insult. Happily for humanity, such teachings have become offensive to all persons of education and refinement.

Years ago it was the custom and practice of Justices of the Supreme Court to visit their respective circuits and assist the district judge in holding court. Justice Miller frequently came to St. Louis and sat with District Judge Treat. He was in St. Louis shortly after Judge Brewer was appointed Circuit Judge, when all three sat in court.

I invited these judges, together with a few lawyers of the St. Louis bar, to dinner at my home. Among the lawyers invited was my old friend and preceptor, Honorable James O. Broadhead. He advised me as

to the particular kind of liquor to serve as Justice Miller never drank but one kind and that was whiskey, while Judge Treat never drank anything but brandy. Of course these were served at dinner. After dinner Justice Miller, Colonel Broadhead, General Noble and Judge Thayer engaged in a game of whist in the back parlor, while the rest of the party indulged in a game for small stakes in the front parlor. I was in this game and became so deeply interested that I forgot to "pass the drinks." Finally Justice Miller called to me and said, "Dyer, have you forgotten what the Governor of South Carolina said to the Governor of North Carolina?" This was sufficient and his favorite brand was passed to him.

Another amusing incident occurred at a dinner given by General Sherman complimentary to a congressional committee that visited St. Louis, composed of Governor Curtin, the "war Governor" of Pennsylvania; Congressman Kellogg of Connecticut; and James N. Burns of Missouri. A dozen St. Louisans, including myself, were invited. We were on hand at the proper hour but the guests of honor were not so prompt. After waiting fifteen minutes beyond the time for the committee to arrive, General Sherman said to us, "Gentlemen, walk out to dinner. I have waited longer than I should for the committee and I will wait no longer." We went in and were seated at the table and served with oysters and soup before the committee was announced by the butler. When they came in Sherman said to Governor Curtin, its chairman, “Curtin, you have been Governor of a State, Speaker of the House, and Minister to a foreign Court, and you ought to know when to come to din

ner!" Governor Curtin was profuse in his apologies. Sherman then said, "Take your seats, but you will not be served with oysters or soup, but start on the next course with others at the table!" And so they did.

XIII

OKLAHOMA, 1901

Drawing of Lands in Kiowa and Wichita Reservations — Fifty-thousand People and no Accommodations-Report of the Committee - Twenty Years Later-Trip to The Yellowstone, 1902.

In June, 1901, I took my family to Grand Haven, Michigan, for the summer. The first visit I made to that place was in the summer of 1875, and this I have repeated (with the exception of two or three summers) every year since. The climate is cool and pleasant, and I have never found any locality more desirable for comfort and rest in the months of June, July, August and September. While practicing law, it frequently became my duty in summer to go back and forth at intervals. In July, 1901, I went on one of these visits to St. Louis intending to remain but one or two days and then to return to my family. However, the morning I arrived, July 17th, I found under the storm door of my house, which was closed for the summer, notice of a telegram. At the telegraph office I found the following:

Washington, D. C.
July 15, 1901.

Colonel D. P. Dyer, St. Louis, Missouri.

Will you act as one of the Committee of three referred to in the President's proclamation, to