The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-07-05
Duel Between Mem bers OF the Califor
mia Legislature.

On the 25th ult. q duel was fought at
San Rafael, California, between Hon. D.
Showalter and Hon. Charles w. Percy
both members of the California House OF
Assembly, which resulted in the death oil
the latter. Mr.. Showalter represented the
county OF Mariposa, and Mr.. Percy the
county of San Bernardino. The former
gentleman is native of Pennsylvania, and
the latter migrated from Illinois.
The immediate cause of the duel was
words uttered in the Assembly on the Oath,
by Mr.. Showalter, on the passage of the
Union resolutions. A challenge to NOR
tai combat followed, and the meeting was
fixed for the next morning at halfpast
eleven o'clock. The inhabitants of San
Rafael determined to put q stop to the pro.
ceeding, and accordingly the sheriff was
summoned, and as the parties reached the
ground, Mr.. Showalter was arrested on
complaint of the District Attorney, who
charged him with intending to fight duel.
Upon being taken before the county Judge,
no complaint appeared, and Mr.. Showalter
was discharged. He Immediately proceeded
to the residence of Mr.. Charles Fairfax,
about three miles West of San Rafael, where
Mr.. Percy and the seconds of both parties
were assembled, and here the preparations
for the duel were made.
The weapons were rifles, carrying forty
balls to the pound. About four o'clock the
parties took their position on the field, which
was located about quarter of mile from
the house, and completely embowered in an
exuberant wood. 1t was pleasant, roman
tic spot, altogether too lovely to be the
scene of the tragedy subsequently enacted.
On arriving on the field, the demean.
or of the principals was cool and
unconcerned. The ground was already
staked of, at distance of forty measured
yards, arranged for the parties to face each
other, looking North and South, so that
the rays of the sun fell equally on the eyes
of both.
The two seconds then advanced to meet
each other midway between the positions
assigned to the principals, and as they met,
saluted each other with all due formality.
Having selected the places they were to
occupy, few PAGES from the cent? of the
line of fire, and looking eastward, Mr.. Wat.
kins read the articles which were to govern
the fight. These were to be as follows:
The word to be, "Fire ne-two-three-
stop" the firing to take place between the
first and last word rifles to be held at a
horizontal or oblique position, according to
the convenience OF either party, and brought
to "sight" as the word should be given.
When all was ready the weapons were
given the principals. Both held their rifles
with the butts resting on their hips, with
the muzzles pointing upward, at an angle of
about sixty degrees, the right hand grasp,
ing the lock, and the left the barrel above
midway. Col. Hayes asked, 4" Gentlemen,
are you ready?' Both responded, Rea~
dy" He then gave the word" Fire -
Qne-two-three-stop" The reports of
both rifles were heard almost Simultaneous
ly-Showalter little irst--just at the com.
mencement of the word two" Neither
party was hurt, though the ball from
Piercy's rifle passed so near the face of Mr..
Showalter as to cause him to feel its pas.
sage. As soon as it became evident that
the fire had been harmless, Mr.. Showalter
exclaimed, "Load the weapons again!" He
being the challenged party, no other course
was left to pursue, and soon the rifles were
prepared for them.
The parties were placed, and the word
was given as before. Neither party was
quite so quick with the trigger as at the
first word. At the word "two" both fired,
nearly together; Mr.. Percy gave start,
threw bis head back, and fell heavily to
the ground On examination it was found
that the ball from bis adversary's rifle bad
struck him in the mouth and passed into
bis head. His physician Immediately rush.
ed to his assistance, but could afford none.
He raised bis head slightly, looked around,
and in three minutes was dead.
After enunciating "Fire,' in giving the
second word, Mr.. Hayes cried "halt," owing
to something he saw, and Immediately re-
sumed the word. This seemed to confuse
Mr.. Percy, and, many thought, caused his
fire to be behind that of his antagonist.
Mr.. Showalter, after seeing that life was
extinct in his antagonist, left the field with
his friends.