The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1888-10-06

BILE. Broderick and Gwin called
each other liars, thieves scoundrels,
and what not. That they did not
kill each other on sight was won
der to every one. During the height
of the electioneering Broderick an
nounced that he,would not imperil
his influence and his position in the
Senate by taking any heed of the
personal abuse poured upon him.
Terry at this time was much en-
bittered against Broderick because
he had failed to secure a renomina-
ton for the Chief Justiceship. At
the Lecompton Democratic State
Convention, held at Sacramento in
1850, he let loose his wrath and de-
nounced Broderick in the strongest
terms. He called him an arch trail
tor, and said if he was the follower
of any Douglas, it was the "Black
Douglas, whose name is Frederick,
not Stephen"
Broderick was eating breakfast at
the International Hotel when he
read Terry's remarks in newspa-
per. There were several ladies in
the room, and with one of these D.
w. lerley, prominent lawyer,
was conversing. Broderick leaned
across the table and said to him:
Il see that Terry has been abus-
ing me. / now take back the re-
mark that once made, that he is
the only honest Judge on the Su-
preme Bench. l was his friend
when he was in need of friends, for
which l am truly sorry. Had the
Vigilance Committee disposed of
him as they did others they would
have done righteous act"
It was alleged that Broderick
swore in the presence of the ladies,
calling Terry "d-d miserable
wretch" but this was afterwards de-
MED by Broderick's friends. Perley
was an intimate friend of Terry, and
he resented Broderick's remarks as
personal injury. For some time
it looked as though the quarrel that
had begun between Gwin and Brod-
erick, in which Terry had taken
Gwin's place, would wind up in a
duel between Broderick and Perley.
The latter sent Broderick a chal-
lenge at the hands of Gen. Even.
Broderick declined to accept it, and
replied contemptuously:
"Sir, l fight only with gentlemen
of my own position"
Thereupon Terry took up the in
sulting remark, and sent the fol-
lowing letter to Broderick:
OAKLAND, Sept. 8, 1859.
| Hon. DAVID G. BRoDERICK--.Sir: Some
two months ago, at the public table OF
the International Hotel in san Francisco,
you saw fit to indulge in certain remarks
concerning me, which we're offensive in
their nature. Before heard of the cir
cuustances your note of the 29th of June,
addressed D. W. Perley, in which you
declared that you would not respond to
any call of a personal character during
the political canvass just concluded, had
been published. / have, therefore, not
been permitted to take any notice of
those remarks until the expiration of the
limit fixed by yourself. I now take the
earliest opportunity to require OF you
retractiOn of those remarks. This note
will be handd to you by my friend Cal
houn Benham, Esq, who is acquainted
| with its contents, and will receive your
reply. D. S. TERRY.
Several letters passed after this,
and it looked as though the affair
might end in mere quibbling over
the meaning of the words employed
by Broderick in his denunciation Of
Terry. Broderick would undoubt-
edly have been pleased at such a
result, but Terry was loaded for
bear, and nothing short of blood
would satisfy him. A letter which,
while formal, was also nlenacing,
aroused Broderick's anger, and he
sent very stiff and uncompromis-
ing reply. The Judge sent a chal-
lenge, making Mr.. Benham his
agent, and it was accepted by Brod-
erick, who referred Mr.. Benham to
his friend, the Hon. J. c. McKibben.
The arrangements were made and
written out. The time was set for
/ O'Clock on the morning of Sep
tember 18th. The spot at first Sc
lected for the encounter was at the
boundary line of San Mateo and San
Francisco counties, but was altered
to the farm adjoining the Lake
House ranch, occupied by a VIM.
Higgins. The weapons chosen were
dueling pistols, to be used at ten
PAGES. Judge Terry chose as his
seconds Calhoun Benham, a lawyer,
State Controller S. H. Brooks and
Thos. Hays. Congressman McKib,
ben, Sheriff David C. Cotton and
Leonidas Haskell acted for Broder-
ick. In this Judge Terry had the
advantage, as his seconds had all
had experience in such matters be-
fore, while those representing Brod-
erick, though accustomed to the use
| of pistol and knife, had little know.
edge of the code. 1t has been alleged
that their inexperience had much to
do with the result. Hays had been
warm friend of Broderick In New
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