The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-10-20
No. 668.
nUEL BETWEEN SENATOR BRoDER-
lex AND JUDGE TERRY.
ORIGIN OF THE DUEL

8
ORIGIN OF THE DUEL.
The fatal meeting between Mr.. Broderick
.,d Judge Terry had its origin in political
oontroyersy. dating back to last June. During
,Sat month, the State Convention of the Lee
compton Democracy of California was held at
Sacramento. Among the prominent leaders In
tbe body was Judge Terry, who desired a renom-
nation for the Supreme Court, but, having re-
ceiyed but SO votes, against l4l cast tor w. W.
Come. of Amador county, was defeated in his
ottempt. and contented himself with assuming
the part of an active wire-pnller and speech.
maker. Towards the close of the session, the
Convention proceeded to the consideration of
series of resolutions relative to the course of
Mr.. Broderick in the United States Senate.
Tpdge Terry rose TO speak against the adoption
of resolutions which should commend the acts
oeMr. Broderick, and improved the occasion to
laupch out into bitter diatribe against him.
He alluded to Mr. Broderick in terms quite the
reverse of complimentary, depicted his charac-
ter in repulsive colors, and animadverted upon
his career as politician. The asperity of the
conflict between the rival factions of the De-
mocracy gave occasion for this denunciation Of
Mr.. Broderick. Terry still adhered to the Lee
compton Administration wing Of the party. Mr..
Frederick, following the bold and able course
which be had assumed in the Senate in opposi
ton to the Administration, had become the
acknowledged leader of the Anti Lecompton
Douglas party in California. Terry was un.
sparing in his denunciations of what he was
pleased to term Mr.. Broderick's betrayal Of the
interests of the Democracy. The Convention
adjourned, and among the reports of its pro-
ceedngs which found their way to the press
was a sketch of Terry's remarks. a.f
n. H. f,IIou,nrr M1aJar Jrro
the report of Terry's speech fell under the eye
of Mr.. Broderick, while seated at breakfast in
the International Hotel in San Francisco. In
close proximity to him sat Mr.. ID. w. Perley, a
warm personal friend of Judge Terry. Mr..
Bruderick stung by the attack upon him, be-
gan 10 speak in harsh terms of Terry, remark
ing, in substance, that he (Broderick) had stood
by Terry, and assisted him, on an occasion
when friends were scarce and much needed /;
that now he was sorry he interfered in his be-
half, for he thought it was pity the Vigilance
Committee had not dealt with him as they had
dealt with others whom they had taken in
hand Perley quickly interposed n remon-
STRANGE against Mr.. Broderick's speaking in
such terms about an absent friend, and finally
the Senator turned upon Perley himself, using
some offensive expressions towards him. AS
there were ladies present. Mr.. Perley with
drew, and sent hostile missive to Mr.. Brod-
erick by S. II. Brooks, Lecompton candi-
date for State Comptroller; and upon the arri-
val that night, on the Sacramento boat, Of Mr..
T. J. G. Kewen, he was substituted for Mr.
Brooks, as the friend of Perley. Mr.. Broderick
declined positively to fight Mr.. Perley, and the
result was the publication of an elaborate cor
respondence in the San Francisco Daily Ma
tioRdl. SEQ. s.f
Mr.. Broderick's declination of Mr. Perley's
challenge was based upon his privilege IS q
Senator of the United States, but he conveyed
intimation that, at the close of the pending
canvass, he would accept an invitation from
Judge Terry himself.
On Thursday, September 3, as soon as the
result Of the State elections had been ascer-
tanned, Judge Terry sent formal challenge to
Mr.. Broderick. 1t was Immediately accepted.
The affair, however, was conducted with the
utmost secresy, and, although the liveliest ex-
element was occasioned in San Francisco by
the circulation of rumor that the mortal def
anee had passed, II was extremely difficult to
ascertain the particulars. 1t was presently dis
covered, however, that the following named
gentlemen had been selected as seconds to the
hostile parties:
For Mr.. Broderick-The Hon. Joseph C.
McKibbin, member Of Congress for the second
district of California, and another friend.
For Judge Terry-Mr. Calhoun Benham, of
San Francisco, formerly Democratic candidate
for Congress, and Thomas Hayes. el
These, and other confidential friends of the
parties, labored in vain to effect reconciia-
lion. But Terry, determined to pursue the
affair TO the end, would accept no terms of set
tlement other than an unconditional withdrawal
Of the offensive remarks made by Mr.. Broder
ick, and an apology therefor.
The parties were arrested on the ground, as
already stated, and gave their parole to appear
before the police court in San Francisco, on
the 18th of September, but eluded the vigil
ance of the police, and met on the morning of
the 18th, with the fatal result announced above.
Mr.. Broderick's Senatorial term would have
expired in 1863 His death renders necessary
the election of a successor to his seat at Wash
mgton. H-.
HOW HIS DEATH WAS RECEIVED IN SAN FRANCISCO.
Intelligence of his death was Immediately
conveyed to the city, and produced a deep and
settled gloom on the community. The several
courts in session immediately adjourned, in
respect to the memory of the departed Senator
The foreign Consuls hoisted their flags at half
mast; the revenue flag of the United States
was hosted at halfmast over the custom house !;
the civic flag of San Francisco was hoisted
IN like manner over the City Hall; all the
engine houses carried their flags at half,mast,
and were draped in mourning the shipping
IN the harbor displayed like evidences of re-
spect for the memory of the departed Senator,
aud large number of private stores aud DWELL
lngs wore the sad badges of lamentation.
THE POST MoRTEM EXAMINATION.
ct four o'clock on the same day, post NOR
TEN examination was made by DR.. Bertody, in
the presence of DR.. McNulty the coroner, and
Drs. Holman, Sawyer, Loehr, Russell, Shar-
key, and others. The autopsy showed that the
ball entered the right breast, between the Sec
ond and third ribs, passing under the sternum,
(iracturing its edge,) thence over the heart and
through the upper lobe of the left lung, whence
II took an upward and inward course through
the left armpit, and lodged in the posterior por-
ton of the biceps muscle of the left arm.
The remains were brought to the city, and
placed in the Union Hotel at st o'clock in the
evening, and were there visited by large num-
beers Of the citizens, all of whom manifested
intense grief. The features were somewhat
attenuated and thin, but natural, preserving the
expression they wore in life. They were even
tranquil and placid.
THE INQUEST.
Coroner McNulty held an inquest on the fol-
lowing day on the body. Hon. J. c. McKib-
bln was the first witness called. He testified
TO all the particulars of the duel, detailing the
manner in which it was conducted, &c. The
pistol used by Senator Broderick appears to
have been more sensitive on the trigger than
the one used by Judge Terry, although Mr..
Mchibbin was not able to discover the differ
ence at the time the pistols we're examined.
Leonidas Haskell swore that he was on the
ground, but did not see the firing. He heard
The report of two pistols, however, and saw Mr..
BrOderick fall
Bernard Lagaorde, a gunsmith, was next
sworn. He had examined both pistols, and
loaded the one used by Mr.. Broderick. The
pistols Wera Loaded precisalv alike and were