The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-11
TIE LATE DUEL IN. cALJFoRN,A


The following are the circumstances preceding
the late fatal encounter between Senator Broder-
lex and Judge Terry:
During the political campaign closed by the cleo
ton on the 9TH ult., Senators Gwin and Broderick
hurled defiance at one another, while expressing
their readiness to settle their private griefs in
private way, or in the manner usual among gentle
men. A duel was looked for after the election and
the report that they to fight therefore, excit-
ed no great astonishment, though the result was
anticipated with intense interest. But instead of
duel between Broderick and Gwin it turned out
that the affair was to be between Broderick and
Chief Justice Terry of the Supreme Court
La st spring, Broderick, at the breakfast table
of the International Hotel, in San Francisco said
that Terry, (who delivered speech at the Demo-
cratic State Convention attacking Broderick,) did
not treat him WELL and that if he had received his
deserts the Vigilance committee when they held
him Gerry prisoner, would have hung him. He
also said that when in that trouble Terry received
his active aid, and his (Terry's) conduct was
poor return for the services rendered him when he
wanted friends. Perley challenged Broderick, and,
as is known, he declined to fight. on the ground
that Perley an inferior. Soon after, Broder-
lex announced from the stump that he would not
accept a challenge before the election but that
after it was over he was ready for any of his enc
mics. ii. ..
On Friday morning, the 9th ult., Broderick was
waited on by Mr.. Calhoun 9enham as the friend of
Terry, who delivered challenge to mortal COM
bat 1t was at once accepted, and it is understood
the conditions agreed on were, that no person ex-
cept the principals, seconds and surgeons were to
know of the time place of the duel. Broderick
and Terry Immediately left the city, fact which
soon became widely known and caused the greatest
excitement. Expectation was on tiptoe, and the
sole topic of conversation was concerning the con-
tempated fight. 1t seems that correspondence
opened with the view of settling the difficulty
The report is that Broderick was ready to give sat
isaction by stating that, although he used the lam
guage complained of ON the spur of the moment
and in the heat of personal debate, such were not
the feelings of his heart. 1t is said this apology or
explanation not satisfactory, and meeting
was agreed on to take place at five o'clock on the
| morning of the 18th ult,, the weapons to be six
shooters. At the appointed time that morning the
parties were the field in presence of about two
hundred spectators and several police officers The
spot selected. the Lake House. beyond the Mis-
sion and in San Francisco county, did not turn out
satisfactory to the seconds, either in consequence
of the nature Of the ground or the presence of
the police officers, who expressed their determine
ton to 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 fixed on the
spot and commenced measuring the ground The
principals, with their seconds, in a few minutes
took their appointed places. At this moment the
Chief of Police and three officers interfered One
of their number went up to Broderick and present
ed warrant for his arrest, while another ap-
preached Terry. They denied the authority of the
officers to arrest, they were out of the limits of
San Francisco; but it seems that the warrant was
endorsed by San Mateo magistrate. After consid-
cradle time spent in elaboration they surrendered
themselves and were liberated on parole. Messrs.
Broderick and Terry then agreed to appear before
the Police Court at two o'clock on Monday after
noon, the 18th ult., the day before the duel The
result of that proceeding is matter of little con-
sequence now, as it did not prevent the hostile
meeting.
1t is said that Judge Terry resigned his seat on
the bench before leaving Sacramento His seconds
were Messrs. Calhoun Benham and Thomas HAYES.
Mr.. Broderick's seconds were Messrs. j. C. McKib-
ben, and another whose name is not given.
81 Senator Broderick was at the time of his death
between 40 and Al years of age. He was born in
w aS0lngIOn, where his Idtner, an 1r1S0man,
well-to-do stone-cutter, who worked upon the pill
lars of the chamber in which his son sat as Senator
David's family removed to New York when he was
five or six years old, and he put at his fathers
trade. When quite young man he was appoint
ed engineer of Howard Fire-Engine Company No.
90, and In that way acquired an influence with the
"koughs which soon made him much sought after
by politicians of the Sickles, Hart and Brady
school. In this way he rapidly rose in political
life, and in 1916 was the Democratic candidate for
Congress in the 9Th district of New York. but was
defeated by Tallmadge. He then removed to Cali
fornia where he became the leader of the Northern
wing of the Democratic party in opposition to the
Southern branch, which was under the manage
ment of DR.. Gwin. Broderick's faction triumphed.
and in 1856 he was elected United Sta ties Senator
and was enabled to dictate the man who sbould he
his associate. He made the singular selection of
his greatest enemy, DR.. Gwin, in order to force
the latter to seek his election from the man he
bad pretended to undervalue, and to acknowledge
the obligation in writing, and bind himself in
that written acknowledgment to abandon the
friends who had always sustained him by foregoing
the patronage which was due to his position
In accordance with this arrangement or obli-
cation, DR.. Gwin published card to the effect
that he was tired of serving the interests Of
protested friends, wearing out his life for them,
and that he therefore desired to wash his