The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1876-06-02
DAVID C. BRODERICK's DEATH.
A California Chief-Jus tice and senator
on the Dueling Ground.
[From the San Francisco Post.l

A California Chief-Jus tice and a Senator
on the Dueling Ground.
(From the San Francisco Post.l
The prominent and peculiar part
played by David @. Broderick in Cali
fornia politics, the hold he obtained on
the public heart, and the circumstances
preceding his unhappy end, unite to en-
hance the tragic character of his fate.
After struggling for years against odds
which would have overborne man of
less energy and determination, he tri-
umphed over all the powerful foes ar
rayed against him, winning the object of
his ambition, seat in the United States
Senate. After the adjournment of Con-
gress he returned to this State and en-
tered upon the memorable campaign of
'59, leading the Douglas wing of the
Democracy. David S. Terry, Chief
Justice of the Supreme court, was a cam
didate for denomination, and in one of
his speeches he said in relation to the
rival wing of his party:
"They have no distinction they are
entitled to none. They are the follow
ers of one man, the personal chattels of
a single individual. They belong body
and soul and breeches to David @. Brod-
erick. They are yet ashamed to ac-
knowledge their master, and are, for
sooth, Douglas Democrats.
To this passage, which is certainly
not more offensive than the average
oratory of which it is class, Broderick
attached undue weight. Reading it at
the breakfast table of the International
hotel in the morning, he became highly
incensed, and spoke in great anger and
bitterness of Terry, saying that he re-
gretted having assisted him when in the
hands of the vigilance committee. d.
w. Perley, formerly the law partner of
Terry, being at the table, resented the
slur upon his absent friend, and sent
Broderick challenge, which the latter
declined on the ground of social and
political inequality between them, and
that Perley being a foreigner had not
the political rights to lose by fighting
that he (Broderick) had. In the course
OF the correspondence the Senator also
announced his unalterable determine
tion not to respond to any challenge un-
til after the election. Terry, who it was
understood was on the point of coming
to San Francisco to demand instant sat-
isfaction, was deferred by this intima-
ton from Broderick. He cherished the
remembrance of the insult, and resign
ing his office, on election day took the
boat for San Francisco, stopping at
Stockton for his surgeon, DIR. Aylett,
and his dueling pistol. On the next
day he called Broderick to account.
Senator Broderick and the Chief-jus-
tice met on Davis ranch, about two miles
southeast of Lake Merced. The weapons
were dueling pistols, distance ten PAGES.
The choice of position and weapons were
decided by the toss of half dollar, be-
ing won by the seconds of Terry. The
latter's weapons were, of course, chosen.
The principals took off their overcoats
and stepped to the positions assigned
them. Broderick, who wore q light wool
hat pulled down over his forehead, had
q presentiment of his fate, but was sus-
tanned by his iron will. Terry stood
firm, with the air of practiced duelist.
At the word the weapons were raised.
In his nervous hurry Broderick's was
discharged prematurely, the bullet
striking the ground in front of his an
tagonist. Terry aimed deliberately and
fred, exclaiming: "The shot is not NOR
tai. l have struck two inches to the
right" Broderick, on receiving the
shot, turned suddenly to one side, braced
himself for moment, and retaining his
pistol in a convulsive grasp, sank to the
earth. After lingering seventy-four
hours, the Senator expired on the morn
ing of September 16.
Judge Terry was indicted for murder.
He procured change of venue to Marin
county, and previous to the trial he took
rooms at San Rafael and kept open house
to all who chose to come, entertaining
them literally, and thus making friends
of as many as possible of the people
where he was to be tried. The hour
fixed for the beginning of the trial was
9 o'clock in the morning, an unusually
early hour fer the opening of a court.
On the morning named, Alexander
Campbell, who had been employed to
conduct the prosecution, accompanied
by the witnesses for the prosecution,
started at 7 o'clock in the yacht Restless
for San Rafael, but they did not reach
their destination until noon. Meantime
the court opened punctually at 9, and
Notwithstanding the absence of the Pros
ecuting-attorney and his witnesses, pro-
ceeded with the farce of trial, and
there being no witnesses, the Judge soon
directed the jury to render verdict Of
acquittal, which they did with great
alacrity. When Mr.. Campbell arrived
with his witnesses, he found Judge Terry
and friends in high glee over the ac-
quittal. Judge Terry has since given
his attention to practicing law, and is a
leading member of the bar at Stockton,
his old home.