The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-10

ton WAS on ipoe and the sole topic OF conversation
concerning tho contemplated tight il seems that q
respondence was opened with the view Of settling tho
dlicnlty The report that Broderck ready give
satisfaction by stating that, although he used the
language complained of on the spur Of tho moment
and in the heat of personal debate, such were not
the feelings OF hu heart II would be difficult TO
imagine what more ample apology could have
dercd but sti as If nothing less than Hrodcrcks life
would satisfy his adversary, the apology accepted,
and meeting agreed to take place at ye O'Clock
on the morning of the 18th ut., the weapons TO bo
sixshooters At the appointed time that morning the
parties were on the field in presence of about two
hundred spectators and several police officers The
spot selected, near the Lake House, beyond the Mis-
sion, and in San Francisco county, did not turn out
satisfactory to tho seconds either in consequence Of the
nature of the ground tho presence of the police officers
who expressed their determination 10 prevent the
duel taking place. Two other places were examined,
when, at length, the party crossed the line into
San Mateo county, and at little after seven
O'Clock that morning Gxed the spot ard commenced
measuring the ground The principals, with their seconds,
in few minutes took thoir appointed places. At this
ment the Chief of Police and three officers n.erred
One Of their number up Broderck and presented
warrant for his arrest, while another approached Terry
They denied the authority of the officers arrest they
sut of the Limits of San Francisco but that
the warrant was endorsed by San Mateo magistrate
After considerable time spent in deliberaon they sur
rendered themselves and were liberated parole
Aessrs Frederick and Terry then agreed to appear be-
fore the Police Court at two O'Clock Monday afternoon
the 18th ult the day before the duel
The parties met next morning, the 13th In the vicinity
Of San Francisco where there police officers
others to interfere Terry seconded by Messrs Cal
houn Benham and Thomas Hayes The latter had been
County Clerk and had also falon like his principal under
the dispeasure Of the Vigilance Committee Broderick
was seconded by the Hon. Joseph McKbben member of
Congress from California, and by another gentleman who
is said to have been either xsher Cotton of Yrea
Mr.. John A. Monroe Of San Francisco AT the first fire
Broderck fell, mortaly wounded through the lungs,
and died, have said, the morning Of the 10th
Judge Terry escaped unhurt
Senator Broderics and Judge Terry both owed their
positions in the community rather their political man
agemen OF and primary elections than any
peculiar merit in themselves fitness for their high
Offices Brodorick whose mother still resides in the Eighth
ward of this city, native Of New York, and ut
one time foreman of Engine Company No. a. When the
gold discoveries in California became known in the East
States, and produced snch immense emigration to
the Pacific he set out for that REGION and among the
earliest of the adventurers there From his familiarity
with the science Of political manGuvrng he became
prominent in public life and was in 1857 elected by the
Legislature Of California 10 the Senate of the United States
In that position he conducted himself honorbly and high
mindedy, and showed degree Of ability that hardly
10 be expected from his antccedents
Judge Terry also early in public life. native of
one Of the Southern States left orphan early
age he Texas and took part in the struggle for
Texan independence. After his he devoted him
sclf to the study Of the law, admitted to tho bar,
went 70 California with the earliest emigration there and
was elected Justice Of the Supreme Court when he
but thirty three years of age. Like Broderck he
man Of great resouteness and determination While he
was in the hands Of the Vigilance Committee and while
his life was in imminent danger, he was Of
fered discharge il he would consent to resign
his position. His wife urged him to do so, but
he refused and issued an address to the people
Of the State which expressed his determination that
he would not leave the prison alive any other position
than Judge Of the Supreme Court He reputed to
he dead shot, and there surprise felt when
the first of the duel represented him
having beer wounded by Brodcrick.
This the Congressman from California that has
had his term short by dueling The oher was tho
Hon. Edward Gilbert. who OF the first two
bers elected from that State. The Hon Joseph McKbben
member Of the last House, also got into personal diff
Guilty during the canvass which led to hostile correspon
dence and ended N apology; and Herbert, member
Of The previous Congress- being hanged for the
murder OF waiter at Wizards Hotel in Washington. 50
public men Of the Golden State