The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-10-14
The Fatal Duel In California-Further
Particulars. #.

Particulars. .
The duel in California between Judge Terry
and Senator Broderick, resulting in tho death
Of the latter, elicits considerable comment on
the part of the press. The origin Of the un-
fortunate difficulty is narrated as follows:
Judge David S. Terry was one of those who,
in the summer of 1856, had the misfortune to
fall into the hands Of the vigilance committee
OF San francisco. He had rendered himself
obnoxious to the vigilants by issuing procIa-
nation against their Ngh-handed proceedings,
granting Writs OF habeas corpus for prisoners in
their hands, and taking an active part in the
collection Of arms wherewith to suppress the
vigilants by force. In resisting the arrest of
one Malony, on the 23d Of June, 1856, he in
hicted O serious wound with knife on the
person of prominent member named Hop
kins, who was said to have been the execu-
toner OF Casey. Terry was seized and brought
to the vigilance headquarters, where he was
kept in close confinement till the 18th of
August following, having in the meantime un-
dergone protracted trial before tho executive
committee.
Had Hopkins died, as it was first thought
he would, Terry would have assuredly paid
the forfeit of his life; but the wound proved to
be not very serious, and Terry was DISCHARGED.
At the last State Convention in California he
was candidate for reelection, but failed To
get the nomination. He made speech at the
convention, in which he abused Broderick in
unmeasured terms. BrOderick was incensed
at this, and in conversation which he had at
the breakfast table of the international Hotel.
San Eranaiaon IL, fha haa &c n.
ley, who had been Terry's law partner, he re-
marked that it was great pity that the viri-
lants had not hanged Terry when they had
him in their hands, and that if he had re-
ceived his deserts he would have been hanged
Perley said he would communicate Broderick's
words to Terry. Broderick replied that he
expected as much, and intimated his readi
ness to hold himself responsible for his Ian
guage.
Out of this transaction correspondence oc
CURED between Perley and Broderick. Mr..
Broderiok declined Mr.. Perley's challenge,
assigning as reason that he, Senator of The
United States, could not have such an issue
with the party challenging, but intimating
that after the pending canvass was over he
would accept an invitation from Judge Terry
himself.
It appears that as soon as the result of the
election was ascertained, Judge Terry sent in
q challenge to Mr.. Broderick, which was 40.
cepted. The seconds were for Mr.. Broderick
Hon. Jos. G. McKibben, and for Judge Terrv'
Calhoun Benham, Esq. The weapons were
x.shooters, and Broderick was killed at the
first fire.
Senator Broderick and Judge Terry both
owed their positions in tho community rather
IN THAR nnlttiooI -
primary elections than to any peculiar merit in
themselves or fitness for their high offices.
Broderick, whose mother still resides in the
Eighth Ward of New York, was at one time
foreman of Engine Company No. "a. When
the gold discoveries in California became
known in the Eastern States, and produced
such an immense emigration to tho Pacific, he
set out for that region, and was among the
earliest Of the adventurers there. From his
familiarity with the science of political maneu-
yering, ne soon became prominent in public
life, and was, in 1857, elected by the Legisla-
ture OF California to the Senate of the United
States. In that position hs conducted himself
honorabIy and high. mindedly, and showed a
degree of ability that was hardly to be expected
from his antecedents.
Judge Terry was also early in public life. A
native of one of the Southern States, and left
an orphan at an carly age, he went to Texas
and took part in the struggle for Texas inde-
pendence. After his return he devoted himself
to the study of the law, was admitted to the
bar, went to California with the earliest emil
grafton there, and was elected Justice of the
Supreme Court when he was but thirty three
years Of age. Like Broderick, he was a man
Of great resoluteness and determination. While
he was in the hands Of the vigilance committee,
and while his life was in imminent danger, he
was offered discharge if he would consent to
resign his position. His wife urged him to do
80, but he refused, and issued an address to the
people Of the State, in which he expressed his
determination that he would not leave the
prison alive in any other position than as Judge
Of the Supreme Court. He was reputed to be
q dead shot, and there was some surprise felt
when the first erroneous news of the duel
represented him as having been wounded by
Broderick.
The Now York Tribune says:
David G. Broderick was born in the city of
Washington, in December, 1878 or 1919, con-
sequently, at the time of his death, was about
forty or forty-one years Of age. He was of
Irish parentage. His father was astone- cutter,
q well-to-do man, who had the contract for
supplying stone for building the present Capt.
tol, and worked upon tho pillars of the chamber
in which his son afterward sat. Whom David
was about five or six years old the family re-
moved to this city.