New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-13

"a
D' r. MeK,bbin ana Mr. Coulter formerly Sheriff OF
s;sLiyou Coupty 81 secopds for Mr.. BrcrerIck 500
| Calhoun Berbam sDd Thomas Hayes, esq, OF tbs
city, seconds for Judge Te'Iy. De H,nh4eJ ani
Aystt were in a.terd.tce Seons for Judge Terry
| and DR.. Loehr for Mr.. Broderck.
PREPARATIONS FOR THE DUEL,
On 5e-cen1,ug from their carriages the pzr'es
seemed 10 he in The beet of spirts, cpssrng
at all anxious nervous A. 20 the result The srmpr-r
Mr. Bernard LagosIoe OF No no Washington stIeet
proceeded TO load the weapons (which eight nc
Belgian psi de, under the inspection Of the respective
seconds Pending these preliminary opera ions, toe
spectators we've directed - witbdee< from The imne
oiae Of the DUEL which they DID, posnoS hem
selves upon two hDlocks about four bdndIed Jafds
distant, where they sDxiously AWAITED the i-sue IL
was momentors ocrssiou. Here we're two OF the
NC st prominent men in California about 20 stake toer
lives sgsiIet each other in deadly coDOf. OGe
or the other, if not both, il vas sell koo8n: ma't
fall. How many hopes, fears, and inSsfd eJ'cu,a'
tioDs sroee from those snxious groups. pJh me
fate OF ole at least perhaps buog me poiuca eP-os
of the al for years 10 and with u tne poser
and flu. nee and gift Of Offices, and 20 we're sed
the fierce srifes Of party the hates, loves renoshps
and eBmities Of thousands. On the other hacd Vas
man occupying the first judicial position 10 the STATE,
a man before wnose fat must fall stand the legal de-
csons Of al other Courts 10 California; and ffom whose
dictam there could be 10 appeal The Issue TocIi
aise or destroy the hopes, wishes ana aspraSons o.
great political denominations. We veDtnr. 70 s:y
that no more moment ous Issue has ever pendad ~
California During these prehmraries the respective
piitclpa' stood aPsr, each occupied WIN u' omn
conversation with his seconds OF prvate ns'ufe-
arranging for tne future, doubtless, in case OF accident
MARKING OUT THE GRoUsD-THE DUEL.
About half an hour was occupied IN these arrange
ments Ten PAGES mark ed of and tested ~ .1s
seconds that being the distance agreed upon aDd the
principals placed in their relative positions TGeir
seconds had already dives,ed tbem OF thsr ontslde
coats white collars, and other articles which might
present prominent targets upon which TO take aim
The choice Of ground now belonged to Mr.. Bfoderck,
in pursuance of the arrangements of Mondays
Nc. 10 dfusa fGf NJ
their watches and the coin in their pockets. Toe coin
taken from Mr.. Broderick his second, Mr.. ucKibbn,
placed in hs own vest pocket Judge Terry threw his
caelessly upon the sod The seconds then proceeded
to Examine each others man, with the view OF asc'r
tanning whether either had underneath his clothing any
article calculated to afford prot. ctOn from bullet
This is usually rather matter ct form than Otherwise
Mr. BeDham, who examined MIR. BrodeTck fet MS
breast, abdomen and sides with scrupuous care. Mr..
McKibbin Oh the contrary bat formally touched the
vest of Judge Terry with his hsnd, bowed and with
drew.
One of the seconds then resd aloud the code d1ello
from written manuscript which occupied but short
tnie Mr. CoultOn then addressed the two gen leneD,
saying in effect that he wished TO be understood thst
be should count 1" One, swo after the word Fire.
after which be should ssy "Stop' No shot must be
fred after that Dmirg this thu the two principals
maintained their positions aud listened vita much
composure to these details Judge Terry stood with
bis head thrown slightly back looking toward bis an-
tagonist. Each held his pistol in bis hand pointed TO
the ground. Each was dressed in black clothes, and
wore soucbed Palo-Alto hat. Mr.. Frederick stood
erect, but with his head rather down. lie pulled the
rim Of his hat down about his eyes, g, il to shade
them from the light. The positions of the two
were somewhat different Judge Terry msn-
tanned that Of practiced duest, presenting only
the edge Of his person to he aGtssoas',
and keeping his left hand and shoulder well bshnt
him. Mr.. Broderck, on the contrary though a. hfst
assuming position somewhat similar to that OF the
other seemed to prefer a careless and less COZ
strained one and gradually presented more of his body
tn he of
hand rather awkwardly, end seeming to feel this him.
se he twice turned the ~rist Ut his pistolsrn
to the right with his left hand as though endesvorlns
to comply with some prescribed directions previously
given him. He took one good look at his antagonist,
his Eye rapidly along the ground from him 10 has
own position, as if drawing bee'ine between then
From that time he did not raise his eyes until the word
was given TO FIRE. Once his right foot got traclOo
beyond the line, When Mr. McKibbin stepped forward
and replaced it.
Both men were perfectly cool, and manifested no
upeasiness. A malicious rumor, character sncauy
maiet ant and az base as 1t s possible TO conceive,
that Mr. Brodercs nervous and lost his presence
of mind is utterly false Not the slightest shade OF
trepidation marked bis conduct fro first 10 last The
sane courae eous, adsmsnne man he has ever shoSn
himtelf TO be- he was this occasion. We have
give tie minuest details of the bearing Of both gentle
that no mistake may possibly obtain IN tins re.
spect. The ruuor of MIR. Brodercks nervousness
is utterly false and lie based upon mis- occasional motions
to observe those prescribed positions Of hand and arm
which bis seconds had enjoined upon him The bear
| ing of Judge Terry, though he assumed more prac
tised and mooness attitude, not one o more that
of an ron.nerved that was that Of Nj. Bfoderick
At quarter before O'Clock, Mr.. Couton pronounced
| the words-
| care you readyl'
| Ready" responded Judge Terry, aud Ready"
| was ut cred by Mr. Broderick Immediately after.
| Fre-0ne! Two!-pronounced in mo crate quick
time.
Mr. Broderck raised his pistol both weapons were
set with han uiggers and had scarcely brough. II to
an angle Of IS degrees from its downward portion ani
in bee line toward his opponent, when, owing to the
dehcecy OF the hair trigger IT was discharged the bal
entering the ground about four PAGES in advance Of
him. Judge Terry fired few instants ate! taking
deliberate aim. There was perceptibe interval in the
two reports. At that instant Mr. Broierick ob-
served to clap his left hand TO the night de of his
| breast, when II was seen he wounded. lie rssed
slowly to the left and before his seconds could reach him
he fell mot heavily TO the ground, with MS rgh leg
\ doubled under him, and still grsspiog his weapon
Judge TerIy upon dischargiDg his PISTOL immediately
folded his arms, holding bic pistol still smoking in his
hard, but did not from his position. Tue secoods
of MIR. Rroderick instantly ran TO his aid, and Dr.
| Loehr commenced 70 staupch the wound With hot
The bullet had entered ust forward of the right nipple
and bad lodged as wac supposed under toe left
Mr.. Benham went 10 the other side aid tendsr.d
the services Of DIR. Han nond, which gladly
| accepted by Mr. McKibben The spectator were not
allowed TO gather around the fallen gentle man, who
| was soon after borne into town in has carriage.
| AFTER THE DUEL.
Previous TO this, Judge Terry with his friends left
the fed, driving rapidly into town. and started at
once from North Beach, where boat was In waiting,
and proceeded to Oakland where he took private
conveyance TO MaItirez. telegraph, dispatch, re-
ceived late last night from that polt states that Judge
Terry, on his arrival al Martinez found officially
in getting ferried TO Benics. Both in Martinez
and the latter place flags rsised at half mast,
caused by the false reports of Mr.. Frederick DEATH
On his arrival at Bepjca, Judge Terry took overland
conveyance 10 Sacramento.
Nv Rcd rob AZ 80 ~ L.