The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-13

not to be called as the word after which neither party
fire upon his adversary and Is propounded to the Sc
conds of Mr. Frederick behalf Of Judge Terry whether
said article Numbered 81 is insisted upon as sine
qua non to their meeting categorical answer in writ
ing is requested.
Article numbered among theartices setting forth the
terms upon which the parties have their meeting being
objected 10, because the word S0ee to follow 'two' is
not to be called the word after which neither party is
10 fire upon his adversary and being propounded to the
seconds of Mr. Broderick behalf of Judge Terry whet
said article numbered 81 insisted upon as
sine qua to their meeting and categorical answer in
writing being requested of Mr. Broderick it is responded
by his seconds that having Ia the terms asked nothing
but what their principal is entitled to- and the terms not
snbectng their adversary to any Disadvantage the
quest is deemed improper, being always reserved to
hem the friends of Judge Terry to accept or decline the
proposed terms.
FIRST MEETING-PoLIcE INTERFERENCE. :
The first meeting took place on the 18th ut at the ap
pointed time and place. but the police intcrered and
rested the principals
THE SECOND AND FATAL MEETING.
The parties met next morning, the 18th, IN the vicinity
others to interfere Terry seconded by Messrs CAL
houn Benham aod Thomas Hayes The latter had been
the dspeasure Of the Vigilance Committee Broderck
was seconded by the hon. Joseph McKbben, member Of
Congress from California and by another gentleman who
Is said to have been either exSher Cotton of Yreka or
Mr.. John A. Monroe, of San Francisco. The details of
the affair given by the correspondent of the San Fran
cisco Morning CAL, sprghtly little Sheet follows
ACCOUNT OF THE DUEL BY AN EYE WITNESS.
At six O'Clock large party Of gentlemen, in bugges
and other conveyances, arrived Mr. Davis h.
ABOUT one mile ana hall u the south OF the S0uthern
most extremity Of Lake MERGED AT this point-all hav
ing definite notions of the place of meetng-they were
met by carriage returning containing two partisans Of
Mr.. Terry who seemed to have been searching unsuc-
cessuy for the rendezvous and TO have given up The
whole procession about return town, when DR..
Hammond, in a gig, approach in the direc-
ton in which had come Knowing that the Doctor
was one OF Mr. Terrys physicians, felt satisfied that
that the place OF meeting could not be far distant We
determined TO follow the Doctor and therefore all wheel
ed conveyances The Doctor hestated when he saw he
was acting cicerone for procession of duel ground
hunters, and descended from my wagon to approach
him, under the misapprehension that the Doctor Ma
jor Hammond, former Collector Of this Port The close
resemblance of the brothers will make this faux pas
cusable In order TO pass of this mistake with a flourish
approached the retiring parties and made
able inquiry. The malignant feeling of some against
Mr. Broderck can be imagined when during the CONVEX
saon of the occupants the coach expressed
wish that he would be carried from the field corpse.
Of course so dabohcal hope given in uncouth terms,
could only emaatc from lost to all viruous feel
ing manly consideration.
THE PLACE OF APPOINTMENT FOUND.
The Doctor proceeded and the crowd followed. In
few minutes arrived Davis ranch where leader
stopped The whole procession htched up their animals
and approached the bluff anchero who feeding his
cattle, in order to CLEAN some information In to
my inquiries he said that carriages had passed his
house during the morning except the one we had over
hauled. At this moment, very curious conversation
took place between Mr. Davs-who dressed in a cot
ton blouse and equipped with large sized pitch fork
and an individual who had evidently driven all night in
search of the field
sHave you any vhskey in your housep' inquired the
conner.
at might be serviccable on this OCCASION said the
other
Wbisley only serviceable of use proper occa-
scns; this is not one, and, therefore, had would
not produce it,
About this time several vehicles came flying through the
and stopped at place distance beyond where
we soon became satisfied that these the
important ones Of the occasion Mr.. McKbben, exSher
Coton-this is his reputed name it may be CouerSe-
nator Brodcrck, and two personal friends, de-
scended from their vehicles. Judge Terry who
companied by Mr.. Calhoun Benham and Col Thomas
Hay of Sa Mr q Fl Rrp0E
Comptroller elect as field counsellor and DR. Ayette,
Surgeon and general advisefor the doctor is said
a most experienced duelst-thereupon arrived and
jumped from their conveyances.
DESCRIPTION OF THE FIELD.
The field, the entrance To which is few hundred yards
south Davis house through gap between
two hills fence had be jumped before reaching the
ground The dell where the duel fought surrounded
by hills and undulang ground Egress can be had from
through the opening leading TO Davis Ranch and directly
south from the ground itself, up gulch How far this
guch runs know not, but II appeared TO to connect
with ravine encircng the easternmost hill forming the
ampbisleatfe where the tragedy was enacted,
DEPARTURE FOR THE FIELD.
Immediately upon the arrival of both principals and
their seconds, which was almost Simultaneous, Mr.. Bro
derrick proceeded the gap and occupied his side Of the
field. Mr. Terry and his friends did the same. The
armorer with the cases Of pistols took position at the
northern point of triangle formed by Messrs Broderck
on the east, Terry the west and the the
north The empocketed plain in which the affair occurred
permitted of about sufficient level ground for the require
ments Of the occasion.
PRELIMINARY PROCEEDINGS.
When all hands arrived the ground, counted mot
particular account seventy men including PRINCIPALS
present Mr. Terrys seconds and advisers
iy with him. noticed particularly that when Benham
and Aylette were attending 70 "outsde" matters, Mr..
Brooks kept close TO his friend, and conversed with him
in lively tone On the other hand, Mr. Broderck
ed 10 be absorbed in matters disconnected with
the issue, and was talking earnestly with MIR.
Haskell, and a gentleman whose name !
acquainted with. During this time Mr.. Broderick
cool and self possessed His antagonist seemed aga
tha in, he
easy and anxious tread The seconds approached the
morer examined the weapons, turned several times, and
pointed to the white marks that had been placed the
field to establish the distances. Mr.. McKibbcn, in
aiming the pistols snapped cap with an air OF satsfac
ton He seemed to look as II the pistol suited him. Some
conversation was had Mr. Benham (or Aylee, am not
certain which approached Terry said something to him.
in reply to which Terry seemed to snile and became
more calm than before AS the affair APP
preaching the crisis, every eye was turned on the
batants.
THE MEN FACE TO FACE.
Mr. Broderick's friends had short and earnest
sation and retired. Mr. Brooks did the same with Mr..
Terry, moved to side An official expression
tilted the conatants to take their relative positions The
distance marked white, and appeared observer
murderously close In fact more than one man present
uttered the ejaculation that II was downright murder to
allow to shoot at each other nj short distance.
The principals however, took their positions. Mr. Bro
derrick Invested himself first of dark brown paetot, and
cast his eye along the ground separating him from Mr.
Terry.
THE APPEARANCE OF THE MEN,
AT this moment took pains to closely the counte
pressed his countenance darkly saiow and his whole
appearance betrayed that Of without fear well
as without religious constrant Wan and attenuaed he
stood stoid monument on the field Of conflict Mr. B.
could not have been distinguished by the stranger as
principal. With his hands folded behind him he held
earnest conversation with Mr.. Haskell He would occa
sonaly turn scan the crowd and his eye upon some
recognized countenance The muscles of his face were
strong, and his visage unreaxed any particular His
lips, when not conversng, compressed and his
whole bearing that Of who about 10 meet
a great issue and who was firmly prepared for it.
JUST PREVIOUS TO FIRING.
Having depressed somewhat in order to give your read
ers full account Of what occurred return to the prn-
cpas and their seconds at the point where left them
Messrs Broderck and Terry being Invested OF their
coats told TO take vertical position by Mr. Ben
ham, The seconds then arranged upon the weaponshow
this was done is unknown TO others-and Mr.. Ben
ham taking pistol, proceeded TO Judge Terry, and
placed II in his hand. The latter took the pistol
in his left hand passed II behind him, connected
both hands, stood for moment in that position, and then
rested his weapon his left hand in front Mr. Brodc
rick being handed the pistol anxously examined IT,
Ike tt NIL hn