Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1852-05-21
A Duel In California .

The " National Democrat gives the following ct-
rlous circumstances attending the Broderick and Smith
duel together with some remarks upon the state of
Society in California;;
The circumstances CONNECTED with the duel fought
between David c. Broderick. Esq , and Judge Smith
render ii almost as marvellous some of the ancient
legendary tales and IN some OF ITS preliminary features
is singuarly illustrative of California society -
1t appears that Judge Smith had publicly stated in
a card that Mr.. Broderck was scoundrel, a black
guard. william, liar, and used several o:her oppro-
bIous eplthets respecting him, which so grossly
ungentlemanly that according to the code dueHo Mr..
Broderick could not challenge Smith The only alter
native left 10 Mr Broderck which comported with his
sense OF dignity, 10 shoot Smith, wherever he met
MIN, and TO notify him that such was his intention so
that he might be armed and fully prepared for terri
BILE street encounter. Smith accordingly informed
by Broderck OF his intention, and requested TO ann
himself, Both parties accordingly awaiting the
first opportunity 10 become the mrdercs Of each 9th
er. This condition of things became known to the
friends of each OF the combatans, and the result
that they also armed 10 protect the respective cham
p1ons. The consequence was that groups of armed
men were paroling the streets for days, and occa.
sionally street fight would come off: The author
ties became alarmed; the famous Vigilance Committee
wer summoned for consultation and action, if neees.
sary. The whole public were highly excited, and an
Investigation into the merits of the difficulty was had
by the friends on both sides, in which the public ger.
orally participated 10 great extent
The result of the verdict arrived at from this mode
vi lVeStighilOn was, lnal no ]lStlnahie cause
ed to exist for the ungenemanly and vlainous caid
published by Smith, and he urged TO with
draw the opprobricus epthets, SO far as TO place Mr.
Broderlek in position 10 challenge him. leaving the
merits OF their quarrel untouched and thus give them
an opportunity to settle their difficulties at twelve
PAGES and disturb the public peace no longer Smith
| yielded, withdrew the most Objectionable epithets
brought the within the rules of the code of hon
Or. and soon received challenge. The weapons
were SIX barrel revoyers-disance twelve paces-one
| n hTi FPof mo-
rick discovered that his watch was about his person.
and supposing that he could not wear it honorably
pulled from his pocket and handed 10 his second
who remarked that gentlemen fighting duel were per-
med 10 retain on their persons their watches He
accordingly returned it 10 his nocket Several Shots
were fired, and finally Smiths ball struck Brodericks
watch shattered valuable trihkets presented
to him by the Hon. Daniel f. Sckles of this city, and
left his person unin jnred
The circumstances, taken in connection render the
affair almost miraculous. The decision of Broderick's
second in favor OF his retaining his watch. saved hs
life; though strictly speaking he had right to wear
the article under such circumstances
i Such is brief version of what occurred in this af-
fair, related 10 by familiar with the transaction
great deal OF the i'll feeling existing between the two
combaants grew out of Northern and Southern narty
! hostility. Judge Smith is chiyalrous Alabanian
and Broderick an equally chivarous New Yorker
The laws OF California are very severe against dueers
violation of them DISTINGUISHES man. He cannot
hold office vote if he has fought duel or gives
challenge. But there is higher law F" there
which would be likely 10 be put in operation, were "A
member OF the Legislature 10 object another taking
his seat for having violated the law on duelIing or
were one party 10 challenge another on the same
ground In either case the obecling party would be
! likely to get ball through him"