, 1859-09-30


From the San Francisco Times, Sept. II.
All San Francisco has been on the qui
virs for the last two days in expectancy of
a duel which was to have taken pace be-
tween the Hon. David c. Broderick, U.
s. Senator from California, and the Hon.
David s. Terry, Judge Of the Supreme
Court of California. The cause of this
beIligerent, hostile demonstration grew ont
Of mutual offensive remarks made by Mr.
Broderick at the table of the International
Hotel, some two months since, touching
the personal and political integrity of Judge
Terry. The language to which exception
was TAKEN in substance, was as follows !:
"That he (Broderick) had, up to that
time, believed Judge Terry to be an hon
orable man, and an incorruptibe officer !:
in fact the only one of that character oc-
cupying seat upon the Supreme bench of
California but that he now (then) took
it all back" This language having been
uttered in the presence of Mr.. Perley, a
friend Of Judge Terry's, resulted in 4 chal-
lange to Mr.. Broderick, which the latter
declned-it being on the eve Of political
campaign in which the interests both Of
Mr.. Broderck, his party generally and of
many personal friends, were considered to
be at stake. 1t was then generally un-
derstood that, as soon as the election was
over, Judge Terry himself would be the
challenging party. Such was the case
The whole difficulty is supposed to have
been caused by vituperative language used
by Judge Terry in the late democratic
state convention, eliciting the above reply
from Mr.. Broderick
THE CHALLENGE AND ITS RESULTS
No sooner had the polls closed at sunset
on Wednesday last, than rumors obtained
about town that the expected challangc
had passed Such proved to have been
the case and from that time until Sunday
night all sorts of reports were aaoat; some
that the parties had already gone out,
others that they were to leave for some in
terror county, or had left; and uunumbered
ones as to the place, weapons, distance,
and preliminares generally. On Sunday
evening it was known beyond question that
hostile meeting would take place, and
hundreds, who seemed to take delight in
such scenes, were on the alert to find out
the place. Buggies and carriages were
engaged over night, and at early dawn
not vehicle of any kind could be obtained
for love or money at the livery stables.
The terms Of the challenge were said to
be, to fight at five PAGES, with pistols.
THE POLICE ON THE ALERT.
From the first Chief Burke had been on
the lookout for the beligerents, and deter
mined that the fight should be prevented
If it was possible. He kept quiet, but
vigilant eye upon them and their move
ments, and those of their friends. They
managed however early Monday (yester-
day. morning to give the police the slip
during the false alarm Of fire about three
o'clock, and proceeded to Davis ranch, q
few miles beyond the San Mateo line, be-
ieving that they would thus bc beyond
the jurisdiction Of San Francisco courts ;
but Mr.. Mark Brumagim, banker Of this
city, had already sworn out warrant be-
fore Judge Coon charging Messrs. Brod-
erick and Terry with intending tog fight
WIN ueduIy nSapOuS- 1nlS was SuoSG-
quently endorsed by Justice Maxwell, Of
San Mateo county, thus giving to Chief
Burke the power to act also in that coun,
ty. Chief Burke and officers Lees, Chap.
pelle and Ellis were out all night and
agreed to come in to the, appointed place
Of the duel at given simultaneous mo
ment.
THE DUEL GRoUND-ARREsT OF THE PARTIES
The ground selected for the encounter
as we have already said, was in u smal
valley on Davis Ranch. On arriving
there The officers found a small collection
Of people awaiting the appearance of th'
duelliSts, who had not yet arrived. Tht
original place of meeting having beer
changed Lwhen it was found that the po
lice were on the track from San francisco
70 San Mateo county, over the line. TIT
crowd constantly augmented, and at las
the two principals in carriages, attended
oy j. McKibbin and Mr.. Coulton (former
Y Sheriff of Siskiyou county, seconds fo
Mr. Broderick, and Thos. Hayes and Cal
noun Benham seconds for Judge Terry
arrived on the ground-Mr. Broderick be
ing there little before Judge Terry