, 1859-09-30

I
and Bernard Lagoardc, of 205 Washington
street armorer, also attended them. The
terms of the duel were Deryinger pistols at
ten paces wheel and fire. At the instant
of taking their places, the ground having
been measured off and all preiminaries ar
ranged Chief Burke and his officers stepped
forward and put an end to the proceedings
by arrestiug both parties. He put them
under their parole Of houor to stop all hos
tile demonstration andslo make their ap'
pearaBce >at tie 4-JIoTy-- vOn.J yes, erday
afternoon to answer TO the charge made in
the warrant. There was of course no al
Tentative The affair was thus cllectually
broken up, aud everybody drove hnrrcdiy
back to the city. :.
INVESTIGATION BEFORE JUDGE coon - THE
PARTIES DISCHARGED.
Accordingly, at haIEpaSt o'clock the
parties made their Appearance in Court
before the Police Judge. For nearly an
honr the approaches to the City Hall, the
area and galleries Of that building, and the
Court room itself, were dcnsey crowded
with anxious and curious liStencrS-alI ell
bowing and struggling to get glimpse at
the distinguished duelIistS. Senator BrOd-
erick was attended by Col Baker as his
counsel, and Judge Terry by Mr. Brosnan.
The complaint and warrant were read.
The counsel for the defendants moved to
dismiss the proceedings, on the ground
that no oflense was charged; that the sec.
tions Of the statutes of 1850, imposing a
penalty for sending or accepting chal-
Icnge, were repealed by the duelling stat.
ute Of 1850, and that therefore no viola
ton of the law had taken place. 1t was
contended, on behalf Of the prosecution,
that the sending and acceptance of chaI-
lenge constituted mutual threat on the
part Of MeSSrs. Broderick to assault one
another with deadly weapon, with intent
to inhict bodily injury, and that the pro.
visions of the law relative 10 preventive
Justice fully authorized the Coart to com
pei the parties to give security to keep the
peace. o Judge Coon granted the motion,
and discharged the defendants During
the arguments the belligerents stood in op-
.posite sides of the room, occasionally game
ing at the each other with no friendly as
pect, and when the decision was rendered
each, attended by his friends, issued from
the Court. Last evening the parties again
left town, and will doubtless have conSum-
mated their intentions when next heard
from.
Contamination Of the Duel.
In accordance with the auticpations of
most of the community, the expected duel
between the Hon. David G. Broderick, U.
S Senator from California, and the Hon.
David S. Terry, Judge of the Supreme
Court, took place yesterday morning at a
small dell or valley some two miles distant
In our issue of yesterday we informed our
readers of the challenge from Judge Terry,
the attempted duel, the interruption by
the police, the examination before Police
Jugue Coon, and the discharge Of the par
ties on the ground that no offence had yet
been committed. We now propose TO de-
tail the subsequent circumstances. The
parties went out Of town Immediately after
the decision, and passed the night in sepa-
rate localities, each preparing for the in-
evitable event of the morrow. Mr. Brod-
erick was at the Lake House, and slept
there. Meantime, the town had been
greatly excited all through Monday even
ing, and at an early hour yesterday morn
ing hundreds were on the qui rire, anxious
to witness the rencontre. For duel be-
tween United States Senator and State
Supreme Judge was no ordinary occur
renee, aud indepenent of this fact, the
large number of personal and party friends
and adherents of each, made it matter
of unusual importance. Since the days of
the Vigilance Committee, nothing equal
ling this in its effects upon all minds has
transpired in San Francisco.
THE DuELING GROUND.
Vehicles of all kinds were chartered to
bear the curious to the ground. That
ground, it seems, was not yet generally
known so many changes had been made
that few if any were aware OF its location.
The instinct, however which draws the
vultures to the feast led each and all to
the place. This was in small valley some
two hundred yards in extent. To reach
this place it was necessary to pass out over
the great county road towards San Jose,
and turning off at the Lake House road,
make the detour Of the lake, whence q cir
cuitous bypath led to the ground. A
small wooden frame building was passed on
the right, then boundary fence then an,
other fence and q gate, beyond which lay
the scene of the duel. This was about ten
miles from the city. 1t was small valley
surrounded by low hammocks or hills the
soil sandy as is the case with all that re.
gion, and producing low scrub brush. II
was sheltered from the winds and as soclu
ded as could be desired. Hither the bug
gies gathered one after another until some
twenty were there-containing by actua
count, sixty-seven persons in all The SUI
rose clear in bright blue sky, and illu
minated the scene with his cheerful rays as
if in mockery of the bloody work he was
to witness Little birds hoppcd merrily
about in the Stunted herbage, aud, warmed
into life by the beauty Of the morning
j chirped blitbly and happily their matin