The Nevada Democrat. [volume] (Nevada, Calif.) 1854-1863, 1860-07-11

The trial Of Judge Terry for killing Senator
Btoderick in duel took place at San Rafael.
Marin county, on Friday last The trial, II
such it could beealled, was a mockery Of JUS
tice. James H. Hardy, Judge Of one Of the
southern districts Of the State, presided, In the
absence Of Judge McKinstry, and from the re-
ports Of the proceedings there seems to have
been an understanding between him and the
District Attorney and other officers, that Terry
should be acquitted at ell hazards. The wit
nesses for the prosecution had been summoned
to be present ct ten o'clock. The Court met at
nine o'clock, and IN enpannelipg the jury the
District Attorney (Haralson) was so very ac-
commodating as 10 allow al to be excluded who
were objected to by Terry's counsel, aud not
single question was asked any Of the jurors who
we're accepted. The jury having been empan-
neled, the District Attorney proceeded to call
his witnesses; no responses being given, the
Sheriff was directed to go to the door and re-
peat the call. This was done, and still no one
responded. The Court then asked the District
Attorney what he would do. That functionary
replied that be had exhausted all the means
known TO the State to compel the attendance Of
witnesses; that it was not bis fault that they
were not present, asd he was willing to rest the
case. The Judge then stated that the witnesses
had been summoned to appear at ten o'clock;
that 1t still lacked five minutes Of that time, and
that Il would not be proper to rest the case I'M
I'll that hour had arrived. Accordingly, ct the
expiration of five minutes, Joseph L. HOge, one
of Terry's counsel, arose and demanded that
the case should go to the jury. No objection
being made, the case was given TO the jury. the
Judge having directed them 10 bring in vcr
dict of not guilty, which was done. When The
verdict was rendered it still lacked over twenty
minutes of being ten o'clock, aud the witnesses
summoned for tho prosecution arrived at the
Court House before the hour appointed for
trial.
We venture TO say that the records Of judicial
corruption will fail to furnish a parallel that in
iniquity can be compared to this case; and
Judge Hardy and oil others concerned in the
dsgraceful proceedings have covered them
selves with infamy. No one supposed that
Terry would ever be convicted, but the public
were not prepared to hear Of his being acqut-
ted in open disregard Of the forms of law, and
10 violation of we'll established judicial prece-
bis watch ahead; but whether he did or did not
bis conduct is none the less Infamous 1t was
his duty, If the witnesses we're not present at
the time appointed, TO order attachments to be
Issued to bring them into court.
The evidence taken before the Coroner's Ju-
ry, showed that the killing of Broderick was a
foul murder. The pistols used were Of such q
peculiar make that no one could use them with
accuracy except he had practiced with them.
One of them was lighter on the trigger than
the other, and o quick motion would discharge
it. Terry had been practising with tho pistols
previous to the duel and having won the
choice Of weapons, his second, Calhoun Ben
ham, selected for Terry the one harder on the
trigger. Droderick's pistol wcat Off rs he COM
menced raising, and Terry was enabled to take
deliberate aim, aud accomplished his murderous
purpose. For the part Calhoun Benham played
10 the affair, Buchanan has rewarded him by
giving him a lucrative appointment. The clos.
ing scene of the tragedy was enacted at San
Rafael on Friday last, and high judicial Of.
Ger was found who stopped from bis position to
play prominent part. The actors will soon
sink into oblivion, but their deeds have dis.
groced California before the civilized world,
and fixed dark blot upon the judicial records
of the State which centuries will not wash
away.