The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1889-08-21


s0aas,ies between 4win ARID Bn5'le-sck.
Ta-ry haies 1he iztisr. and 90sl'oig de-
IssuEceI him Is al arch tTsitor- Broderiek
mex. day in botsl, aud IN the presence 81
several PEOPLE declared that Il the Vigil
an,sz had hanged Terry they woald have
done righteous act
rnE DUEL X WHICH EE KILLED EEoDEzIcg.
Terry sent him challenge. and the Two
nea met early on the morning Of September
L. but were arrested by tie police aud
brought before Police Magistrate, who dis
charged lhem. The next night they net near
San Francisco
There we're eighty spectators present when
the seconds held their conference and the
pistols we're examined and loaded A half
dollar was tossed UP. and Judge Terry won
the choice Of weapons. Mr.. Hayes marked
OF the ten PAGES and warned the spectators
to move hack cut Of the line offire. BfOder-
lex was the coolest man Of his party, lis
seconds appearing nervous and III AZ Ease
Mr. Haskell, after partly unfying the Sena-
tors cravat, stepped back and wrung lis
hands. He then removed the e-avsi. This
incident UNNAMED Broderick for minute.
Broderick wore long su-tout, and had a
soh wooden hat drawn down over his brow
Terry was similarly attired. Requirements
Of the code were strictly followed. Benham
searched Broderick closely for concealed
mail, but McKibbon only touched Terry's
wsisicoai and bowed B-oderick had lost
some Of his composure. He was nervous
and twitched IT the skirts of his slrtout. He
and Terry had taken their positions. Terry
stood erect and firm. apparently indifferent
to aYerything bat his thoughts. The pistols
were cooked. and they were delivered to the
principals. Benham slowly read the condi-
tions. and Mr. Cotton gave the instructions
as tn the firing The men held the weapons
muzzle downward.
Gentlemen said Cotton. are you ready? ?"
Broderick replied after Terry, saying: Il
am ready"
Fire One
There was report from Broderick's pis-
tol, followed in a second by Terry's. For
some reason Bro1eriek's pistol exploded De
fore il had been brought to level. The bull
let buried itself in the ground a third Of tie
distance short. Had it gone all the way il
would hare struck lis maIk, for il went in
perfectly direct line. The report OF Terry's
pistol had hardly died away when Broder-
lex was seen 70 start He turned half way
round and grasPej at the air As though try
ing 10 recover his balance. His head dropp-
ed and he fell fat on his back, his pale face
upturned 20 the sky. lie lay On the ground
while Cotton and Haskell supported his
head DR. Won Ioehn, bis surgeon, was too
agitated 10 be of service. The blood spurted
from the Senator'S wound, and Won Loehn
did not seem to know how to stop it. Mr..
Brooks finally came forward andin the name
of Judge Terry offered The services Of his
surgeon, Dr. Hammond But 1t was OF little
use The ball had entered the right breast
and passed through the upper lobe Of the
left lung.
Davis, the owner Of the rsncb. who had
been a silent spectator Of the duel, started TO
his feet as Dr. Hammond began cutting
away the clothing from the wound, and
shouted exei,edly:
That Is murder, by God -
He moved toward Terry, bat was restrain
ed. 1t was fortunate that this remark had
been heard only by the Broderick party, for
there were plenty Of friends of Terry there,
all armed to the teeth. Terry had not nov
ed. His arms we're folded, with the muzz,e
Of pistol projecting behind him. lie was
erect as ever. and a look of Enquiry rpon his
face. as though he expected call for sec
ond shot. His coolness and nerve were re-
markabie even in that gathering. As he
fired he was heard TO say "Ah | struck
him little too higil." Assured that Bro
deTick's wound was fatal, he started for his
carriage and was followed by bis friends
They drove rapidly to San Francisco. and
from there Terry went to his ranch at Stock
ton. whence he quietly awaited events. he
was arrested there on September % by two
detectives from San Francisco, ans was put
under $1,000 bonds.
ACQUITTED OF MURDER BY TRICK.
Terry was arrested and admitted 10 bail.
When the excitement. was over he demand
Ell a trial. All tie details had been fixed by
his friends. He procured change OF venue
from the place where the murder was COM
miiied to Main county. and his friend Judge
J. H. Hardy. hurried down from Mokelum-
ne Hill to take charge Of the trial On the
day sc; for the case Hardy and Terry APP
peared in court. The case was called for 10
O'Clock. Il was then 8. and the witnesses
were on their way from San Francisco. The
hands of the court clock were set an hour
ahead. Hardy called the case. There was
neither prosecuting attorney nor witnesses
present, 50 Hardy discharged the prisoner.
For his share in that villainons transaction
he was impeached by the Legislature in 1862,
hurled from the Bench, took to drink, aud
died.
TERRY AND THE SHARON CASE.
Terry left the State for q time, and during
the civil war commanded Confederate reg
turned TO California, and again entered po-
liiical life he was made a Democrciic Elec-
Tor in The Presidential campaign of lSs0 and
was the only man on the ticket defeated.
About five years ago he again began to at
tract general attention as the counsel of Sa-
rah Alihea Hill, who claimed to be the wife
OF the late * Senator Sharon, Of NeYada.
This woman began by suing Sharon for di-
vorce and alimony. The plaintiff claimed to
have been privately married to Sharon some
time in 1856. The case ended only few
days ago. Mr.. Sharon having meanwhile
died, in the final defeat Of the woman's
claims Terry gradually monopolized the
leading place among her counsel, and became
so infatuated with her that on January 7,
lss6-some time after Sharon's death-he
was married to her in the Catholic Church
at Stockton, California
JUSTICE FIELD ISsULrED by TEREYs WIFE.
Terry managed the case in bis usual fash
ion, and was involved in several trays in
open court. aud on more than one occasion
drew his pistol on his antagonists. The most
serious Of these occasions occurred ia Sep
tem6er last, when the Hill-Sharon case was
before Justice Field sitting as United States
Circuit Judge Justice Field was reading a
decision sustaining the Sharon side Of the
contention. He was interrupted BY the wo-
man when he was half way through and
accused of having been bought by the oppo-
site side The Judge ordered her into custo-
dy, but she made stout fight, in which her
husband Terry promptly took part. He