The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-12

pSNDS
loaded ankle Mr. Broderck was born in tho District OF
Columbia, the 4th OF February 1919 Tho duel occur
rcu ABOUT TWO miles from the county limo, do
ON whose property; we were not OF any difference
IN the pistols, while on the ground and know Of no l
ference between them at present. we had person on the
ground ior me express purpose Of loading the pistols
Ieonidas Haskell, sworn--I the ground OF the
de ava not see the firing but heard the reports OF two
pistols saw Mr.. Broderck fall; there were but two
sno's nrsd DO not know OF any difference the pistols
Mr. Broderck taken to my house. can tell nothing
more than Mr., McKibbm relative to tho duel his state
ment Is correct
James L. Stilman sworn-I was present when the duel
occurred aier reaching the ground the principals
walking TO and fro saw them placed position the
pistols loaded saw them shot, and Mr. Frederick
ian, hr ,. u Mckibbn and Mr.. Conlton were the &C.
conds OF Dir Frederick, and Mr. Benham and Mr. Brooks
weer seconds for Judge Terry Mr. Hayes appeared act
lomr lerry Dut was not second there two shots
tired on the ground.
Bernard lasaorde, sworn.-I am gunsmth and live at
Zos washington street. was tho ground the time Of
the duel was there an order from the friends of Mr.
brodeilck 70 take pistols powder and balls, and to
mine the pistols that might be and that they
loaded properly examined the pistols which were used,
ana loaded the one Tired by Mr. Broderick; did not load
the one fired by Mr. Terry; a tall gentleman whose name
do not know loaded Mr. Tcrry's pistol it properly
loaded WIN the same quantity Of powder the other the
pistol used by Mr. Terry loaded first and then the
implements handed TO me when proceeded to load the
other; the weapons were alike, but little
delicate on me trigger than the other Mr. Brodcrick used
the one NTH the finer trigger knew this for loaded IL
and handed it to Mr. McKbbin who gave il to Mr..
Broderick ] told Mr.. Broderck that the pistols
WIZ nkHt VI li' tlgScrs DUln were uenCatc 10
the teuch but than the other; saw the firing;
there were but two shots fred asked if the pistols
were IN good order and after replying in the affirmative
asked Mr. McKibbn why he did not force his principal
10 use my pistols and he replied that Terry had won the
choice the pistols used brought by the seconds Of
Mr. Terry had never them before, but have SINCE
10 not know where they are at present. did not notice
that there was any mark by which could be distin
guished from the other they could be discharged by
explosion said that the weapons were too light on
the trigger in the presence of all the seconds told one Of
the seconds Of Terry that the pistol which held light
err than the other
Henry Fritz, sworn-I at the place Of the duel;
saw the gentlemen take their positions saw the shots fired
and saw Mr. Broderck fall; there were but two shots
hred; the dlnerence OF time was very slight between the
reports.
stilIman rccaled-Mr. s. H. Brooks loaded one pistol
Mckibben rccaled-The armorer loaded the pistol
which Mr. Broderick used
This closed the testimony, and after consulting few
moments the jury brought in the following
VERDICT
We the undersigned jurors convened toinouire into the
death Of David C. Broerick who died in the city of San
Francisco on the 18th Of September 1852 do lind that the
deceased born in he District of Columbia aged forty
years, and that he to his death from wound nc
ted by pistol ball fired from pistol intentionally by
David ). Terry on the morning of September 10, 1850
VIM. A. Keith, o. Dickinson. G. \. Fisher Charles Main,
Thos. Gordon, J. ". Gilmore, Geo. c. Shreve.
The sworn statement OF Drs. Holman and Berody was
then presented and read folowsReport of the post
norton examination held the body of the Hon. David
c. Broderck, by Drs. A. Holman and Charles Bcrtody
september Ii, 1852 at the request Of Dr. James ~ Nc
POST MoRTEM ENaMlyaIoN-ExTERSAL APPEARANCES.
On the upper part Of the right side Of the chest
physenaous condition of the cellular tissue existed
the left side OF the chest from the armpt to short dis
tance below it, the same condition manifest. Between
the second and third ribs the right side. circular
wound existed OF about half inch in diameter, pre-
sentng the ordinary appearance Of gun shot wound On
careful dissection, this wound found TO have penc
tra'ed to the cavity of the chest grazing and lightly
fractnrng the right edge OF the sternum breast
bone From its point of entrance into the cavity
Of The chest, the track OF said wound passed
the pericardium, without wounding the membrane,
the fifth rib, which fractured at point six inches
distant from its sterna extremity. After having travers
ed the rib the track of said wound assumed a direction
upwards and backwards through the soft partj forming
the wall of the chest and the arm pit to the posteror
face of the arm, at which point existed small incised
wound The parts within the cavity OF the chest
cd by the track Of the above described wound the
anterior edge of the upper lobe OF the right lung the It's
existing between the pcricardium and the sernum
and the upper lobe of the left lung from its anterior
edge to the point Of fracture OF the fifth rib. The length
Of said wound in the left lung being nearly quite six
inches and being in the greater part of its much
nearer the posteror surface of the lung than the anterior
its nearest approach to said postero surface being about
half an inch
Left Pleurol Cdrity-Ths was entirely obiteratcd BY
old and firm adhesions, the result Of antecedent inam
nation.
Right Plelrnl Cdrity--Contaned large amount o
lymph and cerun. the result of inflammation apparently
subsequent 10 the of the wound Around tho
track of the wound in front Of the pericardum extra
vasation Of blood existed forming coaguum three
inches In diameter aad from onehalf to three u,lcr
ters Of inch in thickness This extravasation existed
also TO limited extent in the anterior edge of the RICH
ed were observed The wound above described was il
our opinion, the cause of death
f. A. HOLMAN, NJ. D.
CHARLES BERTODY, NJ D.
Sworn to before me this 18th day of September 1859
j. N McNULTY, NJ d.,
Coroner of the city and county of San Francisco.