Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-15

ton.
Judge Terry always had taste for politics,
and he has dabbled in them more or less ali his
life.
In 1850 he was defeated for Mayor of Stockton
by Samuel Purdy, who aiterward became LieI-
tenant-GoveInor. In the same year he formed a
law partnership with D. w Perley, which con.
unued until 1855. In the fall of the latter wear
he was elected, on the Native American ticket,
Justice of the Supreme Court for the short
terUl-iour years Hugh C. Murray being elected
at the same time, by the same party Supreme
Court Justice for the long term-SiX years He
took his seat on the SupI,me Bench in January
1875 his decisions are relOr ed in Volumes V
TO NV, inclusive, OF the California Reports
Ihey are terSe, logicsi and generally sound
4 strong state s-TightS opinion Of his will be
toEnd in Volume lN-WaTner vs. The Steamer
Uncle Sam. On the death OF Chief Justice Mur-
ray, which occurred on September IS, 1857
Judge Terry became Chief Justice.
THE vIGILAN,E COMMITTEE EPISODE.
An extraordinary adventure marked the first
year of his judicial tenure. 10 was he wear 0f
the great Vigilance Committee. He was an
open Toe TO that organization, and believed
il should be suppressed by the military r1Vsr NJ
the state and nation. GOvetEOr J. Neely John
son, by proclamation, declared the CITY Of san
Francisco In a state of iusUUection, but was
overwhelmed 10y the force of adverse public
opinion all through the State. His spplicatiouS
TO General Wool and 10 President Pierce for
Federal military aid to dispcrSe the COMMITTEES
were denied. Some State aims had been shirped
from Sacramento on s Schooner to he usrd NV
state troops in san Francisco, but party OF iai-
lRnteS under J. l.. DuTkee of San Francisco seized
me vessel IN the raft between san Pablo and
san Francisco bays. The committee in iuyes-
tlgaung this shipment OF arms, desired To lake
the evidence of q man named Reuben Maloupy-
who was believed 10 know all about il. ana
who icing u strong enemy OF the committee.
refused to attend and testify.
TERRY sTABs HOPKINS.
It was decided by the Vigilantes TO take him
by force. and 5. \ Hopkins, Vigilance Scrpeanf
end two men were called for that puT9osa
They louDd MalOney en q Ecnm over Palmer
COOK y COS bank, with Judge Terry, Captain
AShe and number of friends. Terry told Hon
kins that he would not permit the arrest TO 30
made in his presence. Hopkin; then retired
or endorsements. Returning, he met Mslouey
accompanied by Terry and number of friends
proceeding TO the state Armory, all being armed
with guns. Hopkins attempted to arrest Ma
LIEcy aud was resisted by Terry and the others
hopElrS grabbed the Judges gun end attempted
TO take it away from him. struggle epsi,pj
drring which Tery drew a knife and stabbed
HopslnS III the Ieck iuliCting a frightfI
wound. Several shots Were fired and general
sCTimm6ge lesu ted. Terry Mal0ney aud the
others finally escaped from the Vigiiantps and
took refuge in the aTmOTy.- An alarm was
sounded and the Nigilan eS from all parts of The
city sprang 10 arms. Large numbers OF them
assembled in front of the arnUry and sent in y
message addressed to Captain e. 2. Ashe com
mandlng, giving him ten minutes il which to
surrender Terry, MalOncy, Philips ard the
Captain Ashe TeFurned answer that if assured
that Terry and Maloney would be protected he
would surrender them, adding that Phillips WAS
not in the aEmoIy. The Vigll8nte leaders prom
ised to protect ;he prisoners from violence. and
with Ierry's consent he was surrendered He
was at once locked up III Fort Gunuybags -
and held prisoner for some weeks. He under
went long trial, acting as his own attorney
and was finally released. In the meantime
Hopkins recovered. Members of the Vigilance
committee assert to this day that they believe if
HOPKINS mad died Terry would have been
hanged. As 1t was there were many W ho urged
his execution any how While JudS Se Terry Wa
in confinement. the Texas Legislature ad0pted
a memorial to Congress asking that body to ir-
tertere in his behalf. NJ. NJ. McAIiSter Judge
Of the United States Circuit Court, refused 10
issue writ of habgai corpus for the prisoner
being unwilling TO provoke the auimCsity OF
the peOpe."
THE DUEL WITH BRoDERICK.
The California Democracy which up TO the
year 1893 had always been violently disturbed
by faction in that year split absolutely in two
David c. Broderick led the Douglas or anti
LccomptOn wing, while David 5. Terry was a
warm supporter OF the admins ration of Pr5si-
dent Buchanan. On the oath of June 1857 in a
political speech before the Administration tate
Convention at SecrameTto 10, Judge Terry then
Chief Justice of the Supreme Court, alluded to
the opposing wig Of the party as "a misera bic
remnant of faction sailing under false colors
trying to obtain votes under false pTetenses -
They have no distinction" he proceeded
'Ihey are EMIT ed 10 none. They are the fol.
lowers OF ore ma the personal chat, Is of e
single Individual whom they are ashamed of
They belong, body and soul, to David c. Bred
erick They are yet ashamed to acknowle tlge
lheir master, and are Calling themselves for
soOth, Douglas Democrats" :" etc
The words quoted gave Ctlense to Broderick
who, when he read them the next morning AZ
the break fast table of his hotel in 5 Francisco,
remarked that he had considered and spoken
OF Judge Terry as the only honest man on the
supreme Bench, but he took il back" This was
sad III angry tones, addressed to a friend sitting
by him. but was heard by u. W. Perley Judge
Terry'S former law partner, who was at the
table, and who, after Informing Broderick thar
ne would call him to account for the words
used, !ets the roo n. The same day Perley sent
hostile note TO the Senator. WHIP replied that
''he could not, az the present time, afford 10 de-
scend to violation of the Constitution and the
State laws" He said further. IF compelled
to accept challenge it could only be with a
gentleman holding position equally elevated
and responsible; aud there are no circumstances
which could induce me even to DO this during
the tendency OF the present canvass
On the day after the election Judge Terry re-
signed his seat on the Supreme Bench. reraired
ID san Francisco and sent note to BrOderick
demanding Ietraction OF the words given
above.
Broderick asked that he set forth the Ian
guage objected to. This was doe. BrodericIz
then wrote the words as he remembered them,
but substantially as he had been reported made
no retrsetion and added that Judge Terry could
decide whether the language was offensive
Judge Terry thereupou sent through Calhoun
Benham peremptOTy ca TO the field of
honor. 1t was accepted, the duel was fought.
Frederick was mortally wounded at the first
fire and died three days later His death opened
a mighty gulf between the Northern and South
ern wings of the Democracy in California.
Volumes have been written about this famous
duel, and for many years its details were used
to ian the hate that prevailed between the Gwin
and BTodsrick factions.
After one or two tarGial trials on a CHARGE of
murder he was acquitted, aud few years later
IN the State Senate, the Judge who DISCHARGED
him was impeached.
FIGHTING AGAINST THE UNION,
In 1862 Judge Terry went to the Southern
States, passing through Mexico, and Joined the
Confederate army. After serving awhile on the
stah OF General Bragg he organized a regiment
in TSxas, which he commanded in several
battles. AT the close OF the war he commanded
a brigade, separate command. a brother of
Judge Terry, Co:onel Terry of the Texas Rang
ers, was killed at Green river.
When the war cloFed he went to Mexico
Macmillan offered him high military com
msnd, which he declined, and devoted himself
to cotton-raiSing for two years, but with no sue.
cess. Then, in 1869, he returned to California
After short stay at White Pine, New, he set
tied down, in 1870 in his old town, Stock kton.
He was member OF the last Constitutional
Convention, serving as Chairman of the Com
mlttee on the legislative Department, and as &
member of the Committee on Judiciary. He was
Guthorof the clause declaring the responsibility
Va bdlih u4Fsctois 70 uepOsltOrS. he TOOK the
stump In support OF the new Constitution; de-
elined nomination for Supreme Judge on the
ticket OF the New Constitution party.
He was candidate for Presidential Els ector
on the emocractic ticket in 1850, and was the
only nominee on the ticket defeated, the vote
being close, and he falling behind, owiuI it is
supposed. TO bis name being scratched by old
friends of Broderick
Aince this time Terry has taken little interest
in po'ifies. He was member of the Stockton
Convention, but has generally confined himself
to his law practice. In 1852 he married Miss
Cornelia RunBels, n niece OF Hiram Ruunnels
an early Governor of Mississippi. She died
some years ago leaving one son, who died at
Stockton in April, 1885
Judge Terry's connection with the Sharon
litigation is well known to the public. He first
became an attorney for Sarah Althea Hill. the
alleged wife of Sharon and after winning her
cnse in the lower Court and tho daotb oF IrilI