were drawn as jurors was telegraphed all over the country, and the newspapers came loaded with hostile and uncomplimentary criticisms. At this stage of the case Col. Downey, the prosecuting attorney for the county, wrote to Judge Howe for advice and direction as to the eligibility of the women as jurors, and what course should be taken in the premises. At first Judge Howe was much inclined to order the women discharged, and new juries drawn; and it certainly required no small amount of moral courage to face the storm of ridicule and abuse that was blowing from all quarters. We had a long consultation, and came to the conclusion that since the law had clearly given all the rights of electors to the women of the territory, they must be protected in the exercise of these rights if they chose to assume them; that under no circumstances could the judges permit popular clamor to deprive the women of their legal rights in the very presence of the courts themselves. The result was that Judge Howe wrote the county attorney the following letter:
S. W. Downey—My Dear Sir: I have your favor of yesterday, and have carefully considered the question of the eligibility of women who are "citizens," to serve on juries. Mr. Justice Kingman has also considered the question, and we concur in the opinion that such women are eligible. My reason for this opinion will be given at length, if occasion requires. I will thank you to make it known to those ladies who have been summoned on the juries, that they will be received, protected, and treated with all the respect and courtesy due, and ever paid, by true American gentlemen to true American ladies, and that the Court, in all the power of government, will secure to them all that deference, security from insult, or anything which ought to offend the most refined woman, which is accorded in any walks of life in which the good and true women of our country have heretofore been accustomed to move. Thus, whatever may have been, or may now be thought of the policy of admitting women to the right of suffrage and to hold office, they will have a fair opportunity, at least in my Court, to demonstrate their ability in this new field, and prove the policy or impolicy of occupying it. Of their right to try it I have no doubt. I hope they will succeed, and the Court will certainly aid them in all lawful and proper ways. Very respectfully,