The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-08
DAVID C. BRoDERIcx,s DEATH.
A California Chief Justice and q senator on
the Dazzling Siround.

From the San Francisco Post.
The prominent and peculiar part played
hold he obtained on the public heart, and the
circumstances preceding his unhappy end, unite
to enhance the tragic character OF his fate.
After STRUGGLING for years against odds which
would have overborne a man OF less energy and
ns ns tpsphe him over al she DOW
iect OF his ambition, seat In the United States
Senate. After the ADJOURNMENT OF Congress he
memorable canp1ign Of 80, ieanins the Doug
las wing OF the Democracy. David s. Terry,
chief Justice OF tine Supreme Court. wac a can
didate for denomination, anu In one OF his
speeches he said in relation to the rival wing Of
his party:
ev are me tolo"~rs Of one m.n the persons eSs
tel, Of nnsle udlyidYsl They belong body and soul
sooth, Douglas Democrats.
offensive than the average oratory Of which II Ia
a class. Frederick attached undue weight. Reed
ing " at the breakfast table OF the Internatonal
Hotel IN the morning, he became highly incensed
and spoke In great anger and bitterness OF Terry
saying that he regretted having assisted him
ID. W. Perlev, formerly tho law partner OF Ter
ry, being at the table, resented the slur upon
his absent friend, aud sent Frederick a cbal-
lenge, which the latter declined on the ground
OF social and political Inequality between them.
AMI at 20 "se y ssne that be n4 I
erick) had. In the course OF the correspond
ence the Senator also announced his unalter-
lenge until after the election. Terry, who u was
understood was on the point OF coming to San
Francisco to demand instant satisfaction, was
deferred by this intimation from Frederick. lie
cherished the remembrance OF the insult, and
resisning his Office. ON election day took the
boat for san Francisco. stopping at stockton for
his surgeon, DIR. Aylott aud his dneiling pistols
On the he xt day lie called Frederick to acc unit
senator BTOderick and the Chief Justice met
on Davlss ranch about two miles southeast of
Lake MERGED. The weapons were duellins ris-
tolls distance ten PAGES. The choice OF position
and Weapons were decided ny the toss Of "A half
dollar, being won by tue seconds OF Terry. q he
latters weapons were OF course chosen. The
To the positions assigned them. Frederick, who
wore a ight wool hat pulled down over nis fore
head. had presentimeDt Of his fate, but was
sustained by his iron viii. Terry stood Hrm with
the air Of practised duellist. At the word the
weapons were r"ised; VI ms nervous hurry
bulie. striking the ground in front OF bis an
taeonist Terry aimed deliberately and fred,
cxclaImlng, "1ho shot n not mortal. l nave
struck two inches to the right Frederick. on
receiving the shot. turned suddenly 10 one SIDE
braced himself for moment, ana retaining his
pistol IN a cOnvulsive grasp, sank to the earth
After lingering seventy four hours. the Senator
expfed on the inor1ing OF Sept. lG.
Judge Ierry was indicted Tor murder. He
procured "a cnsnge OF venue to Marin county,
and previous to the TRIAL he took rooms at 4 IN
Hifael aud kept open house to all who chose to
come, entertaining them lioerally. and thus
making friends Of as many az possible OF tho
people wners he was to be tired. The hour
fixed for tho beginning OF the trial was mine
O'Clock ia the morning, an unusually early hour
for the opening ot u court. On the morning
named, Alexander Campbell. VINO had been eui-
plONed to conduct tue prosecution, accom-
panied by the witnesses for the prosecution,
started at seven O'Clock m the yacht Res ,ess Tor
San Rafael, but they did not reach their dcstina-
ton until noon. Meantime the cOure opened
punctua.ly at nine, and not outstanding the alb
| sence of the Prosecuting Attorney and mis- wit
~ s-cs. proceeded with the farce OF III Il. aud,
there neIng no witnesses. the Judge soon di-
cfcd the jury to render verdict Of aoquittal,
wnich they did VIA great nj crity. When Mr.
| lainpoeh arrived with his witnesses, ne round
Juuge Ieuy aua fiicndS 10 high glee over the
! G'quittdl. Judso Ierr, II siace given his at
tchIut to lrac.lcing law, aun - lcaiing mem
! Der OF tue b r at stockton. his old nome.