New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-13
THE FREDERICK DUEL.
rus CAUSE.-THE CHALLENGE
Fall Particulars of the Shooting.
pEiTH OF SENATOR BRODERICk.
uouEsr-BURIAI-pUBLIC FEELING.
BY steamer and by Overland Mail we have iuil par
>isuaYs of the late lanentabe affair in California;
CAUSES OF TIE DIFFICULTY. o.,

F,o, The San Fyahcisoo rne', Sept H.
All Gan Francsco has been on the qui vlVe LOT the
~ TO aavs in expectancy Of duel which was to
Nave taken place between the lion; DaVid Z. brod-
srck United States Senator from California, and tae
Won David s. Terry Judge OF the Supreme Court OF
<,.Sfornis The cause Of this belligerent, hostile
I~moustraton we have already given to our readers.
r. CIV ont OF mutual offensive remarks made OF one
sro,b,r nv each of the psrties-Judge Terry having
r;o;,s,sd the yruperatige language 10 the late Demo
~,.fic Sta,e Convention, and Mr. Broderck taking
occasion TO rejon not long after In the International
Hotel of this city, IN the presence o; one OF
Judge Terry's fiends Al that tune, some belgeren.
language passed between this person and Mr. Broder-
ick. snc published correspondence in relation to the
matter was directly after iet before the puonc tne
yar;ons newspapers The result at that time vas that
en- .eppe passed from the person already mentioned
70 Mr. Broderick which the latter declned-it being
on the eve of political campaign in which the inter
ests both Of Mr. Broderick bis party generally anu oil
many personal fieIds considered to be at stake
was then generally understood thai, as socn as the
election was over, Judge Terry himsef would be the
challenging party. Such was the case
TIE CHALLENGE AND ITS RESULTS.
No sooner baa the polls closed at sunset on Wednes-
dsy last than rumors obtained about town thai the ex-
pected challenge had passed. Such proved 10 nave
be- the case and from thst time until Sunday night
ali sorts of reports afoat some that the parties
had already gone out others that they were to leave
for tome interior county, or had LETT and unnumoeIed
ones as 10 the place weapons, distance and premina-
res generally On Sunday evening it was known be-
yond 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 Bug
ges and carriages were engaged over night ana ..
for love or money at the livery stables The terms OF
the challenge were said TO be, 10 fight at five PAGES,
with pistols.
Ftom the first. Chief Burke had been Oh the look
cut for the bengerens and determined that the tight
should be prevented if it was possible. lie kepta
quiet but vgilant eye upon them and the movements
and tbose OF their friends. They managed, however,
early Monday yesterday morning, to give the ponce
the slip during the false alarm OF ire about oclock,
and proceeded to Daviss ranch, few miles beyond
the San Mateo line believing that they would thus be
beyond the jurisdiction of San Francisco Courts but
Nj Marx Bru nseip bar er of this city, had already
sworn ont warrant before Judge Coon, charging
Aessrs. Broderick and Terry with intending to hsnt
with deadly weapons THIS was subsequently indorsed
by Justice Maxwell Of San Mateo County, thus giving
70 Chief Burke the power to act also in that county
Chief Burke, and Officers Lees, Chappele and Ellis,
out all night, and agreed to come in to the ap-
pointed place of the duel at given simultaneous
moment.
THE DUEL GRoUSD-ARREsT OF THE PARTIES.
The ground selected for the encounter, as we have
already said was in email valley on Davlss Ranch.
On arriving there the officers found small collection
of people awaiting the appearance Of the dueists, VINO
had not yet arrived, the original place of meeting
having been changed when was found thas the Po
MateO Counsy, over the line. The crowd constantly
augmented ard at last the two principals in carriages,
ATTENDED by j. McKibbin and MIR. Coulton formerly
Sheriff of Siskiyou County, seconds for MIR. Brod
erick, and Thos Hayes and Calhoun Benham, seconds
for Judge Terry, arrived on the ground-Mr Brod-
srick being there little before Judge Terry. Drs.
Hammond Aylete and Loehr Few OF the Io,i " "a"
2e5 Washington street, armorer, ALEC attended them.
The terms q the duel were Denger pistols at b ten
nlaees the ground having been measured OIL and all
prelminares arranged Chief Burke and his officers
stepped forward and put end to the proceedings by
arettng both parties He put them under their parole
of honor to stop all hostile denomination, ami to
make their appearance at the PolceCourt yesterday
afternoon answer to the charge made in the warrant
There was, of course, no alternative The altar was
thus effe ctuay broken up, ana eVeryoouy uio'e hu
riedly back to the city.
INVESTIGATIONS BEFORE JUDGE CooN-THE PARTIES
DISCHARGED.
Accordingly, at % o'clock, the parties made their
appearance in Cour! before the Police Judge. For
nearly an hour the approaches to the City Hall, the
area and galleries of that building, and the Court room
itself were depsely crowded with anxious and curous
listeners, all elbowpg and struggling to get glimpse
nj the distinguished dueiss. Senator Broderck was
attended by Col. Baker "a his council, 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 nc
offente was charged; that the sections OF the
statutes Of 1850, Imposing penalty for sending
or accepting challenge, were repealed by ths
dueipg statute of 1885, and that therefore violation
of the law had taken place. II was commended on be
half Of the prosecution that the sending and sccepanc,
Of Messrs Broderck and Terry to assault sno;he
With deadly weapon, with intent 10 inlet bodily
injury, and that the provisions of the law relative Il
preventive justice fully authorized the Court to com
pei the parties to give security to keep the peace
Judge Coon granted the otion aud discharged the
defendants. During the arguments the belhgeren,s
stood in opposite sides of the room, occasionally
Rlsncng at each other with no friendly aspect; and
when the decision was rem jered each attended by hi
friends issued from the Court Last evening the par
ties again left town, and will doubtless have
mated their intentions when next heard from.
THE DUEL.
Fyos The San Francisco Times SEPT H.
In accordance with the antiCipaons Of most OF the
community, the expected duel betwe the Hon David
&. Broderck, United States Senator from California
and the Hon. David S. Terry Judge Of the Supreme
Court, took place yesterday morning at small dell
valley some two miles distant from MERGED Lake.
In issue of yesterday, informed our readers
Of the challenge from Judge Terry the attempted
duel the interruption by the police, the examination
before PoliceJudge Coon, and the discharge of
the parties, on the ground that ofiense had yet
been committed. We now propose to detail the subss-
quent circumstances. The parties went ont of town
immediately after the decision, and passed the night in
separate localities each preparing for the inevitable
event Of the morrow. Mr. Broderlck was at the Lake
House, and slept there. Meantime the town had been
greatly excited all through Monday evening, and at
early hour yesterday morning hundreds were on the
qu vive, anxious 10 witness the renconter. For duel
between United States Senator and State Supreme
Judge ordinary occurrence, and Independent Of
this fact the large number OF personal and party
friends and adherens OF each, made it matter of
usual Importance. Since the days Of the Vigilance
Committee, nothing equslrg this in its effect upon al
minds has transpired IN San Francisco.
THE DUELiSG GROUND.
Vehicles Of all kinds Chartered 10 bear the
curious 10 the ground That ground il seems was not
yet generally known; go many changes had been made
that few if any were swsre of It's location The instinct
however, which draws the vultureS TO the feast led
each and all to the place. This was in small valley