The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-23
Curl GUS Circum stances attending the Brodc-
rick and Smith Duel-The State OF Society
In California.


fought between David c.. Brodcrick, Esq, and
Judge Smith, at San Francisco, attended with
circumstances that render it almost marvellous
as some OF the ancient legendary tales; and in some
OF us preliminary features is sngularly illustrative
Of California society.
Itappears that Judge Smith had publicly stated
in card, that Mr.. Broderick was a scoundrcl, q,
blackguard, villain, liar, and used several other
opprobrlous epithets respecting him, which were 80
grossly ungentlemaDly that, according to the code
dueuo, Mr.. Brodcrick could not challenge Smith.
The only alternative left to Mr.. Broderick, which
comported with his sense Of dignity was to shoot
Smith wherever he met him, and to notify him
that such was his intention, so that he might be
armed and fully prepared for terrible street en-
counter. Smith was accordingly informed by Brode-
rick Of his intention, and requested to arm himself
Both parties were accordingy awaiting the first OPP
portunity to become the murderers Of each other.
This condition Of things became known to the
friends Of each of the combatants, and the result
was that they also armed to protect the respective
champions. The consequence was, that groups of
armed men were patrolng the streets for days. and
OCCASIONALLY a street fight would come off. The au-
horities became alarmed; the famous Vigilance
Committee Were summoned for consultation, and
action, if necessary. The whole public were highly
xcted, and an investigation into the merits Of the
difficulty was had BY the friends on both sides, in
which the public generally participated to a great
xtent. The result of the verdict arrived at from
this mode of investigation was, that no justifabe
cause seemed to exist for the ungcntemany and
viainous card published by Smith. and he was urged
to withdraw the opprobious epthets, SO far as to
place Mr.. Broderick in a position to challenge
him, leaving the merits Of their quarrel untouched,
and thus give them an opportunity TO settle their
own difficulties at twelve PAGES, and disturb the
public peace longer. Smith yielded, withdrew
the most Objectionable epithets, brought the case
within the rules of the 'code of honor" and soon
received challenge. The weapons were six barrel
revolyers-distance twelve paces ono or two hun
dred persons on the ground. Broderick dis
covered that his watch about his person, and
surprising that he could not wear it honorably,
pulled il from his pocket and handed it to his second
who remarked that gentlemen fighting duel were
permitted to retain their persons their watches.
He accordingly returned ii to his pocket. Several
shots were fred and finally Smiths ball struck
Broderck's watch case scattered some valuable
trinkets presented to him by the Hon. Daniel E.
Sckles. of this city, and left his person uninured
The circumstances, taken in connection, render
the affair almost miraculous The decision of Bro
dcrcks second, in favor of his returning his WATCH
saved his life though strictly speaking, he had
right to the article under such circumstances.
Such is n brief version of what occurred in this
affair, related to us by familiar with the tran
saction. great deal Of the ill feeling existing be-
tween the two combatants grew out of Northern and
Southern party hostility. Judge Smith is chivalrous
Albanian, and Broderick an equally chivalrous
New Yorker. The laws ofCaifornia arc very severe
against duellers violation of them DISTINGUISHES
man. He cannot hold office or vote if he has
fought duel, or given challenge. But there is
"higher law there, which would be likely to be
put in operation, were member of the legislature
to object to another taking his seat for having vio-
lated the law on duelling, party to chal
lenge another on the same ground. In either case
the Directing party would be likely to get ball
through him.