The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-08-15
JUDGE TERRY's uAREER.
Violence and BlOodsbOod-Yea Of Ol
scuFity aud ObIoauy.

Violence and BlOOdsbood-Y Year, Of OBJ
souriiy and ob1oquy.
They that take the sword shall perish
with the sword"
These words of stern reproof and warn-
ing that fell from the lips of the 'sman of
sJrrow" on that last night in Gethsemane
are heard again in the ticking of the tele-
graph instruments as the news Of the
tragic death of David 5. Terry is conveyed
over the country.
The tragedy OF yesterday was the clos
ing of a career that in its beginning prom
ised honor, dignity, fame, wealth. Be
tween the beginning and the ending there
have been thirty years of something very
like infamy, when the brow that should
have worn the bays bore the mark Of Cain:
when men would view askance the form
that should have commanded their respect
and said one TO the other, There is the
slayer Of David c. Broderick;" when moth
ing prosPeIed with him, and Nemesis
seemed 70 stand over him, always menac-
ing and ready 70 strike.
In the days of the vigilance committee Of
san Francisco David >. Terry was chief
justice OF the young state OF California.
a historian has described him az sscOur-
ageOUs aud violent" who "cOuld not bear
70 see the law set at nsught." As illus
tratlng the violence Of his nature, IL is re-
callsd that after having taken strong
ground against the vigilance corumitfee's
methods Judge Terry on June u, 1856, In
terfeTed 10 prevent an arrest that some of
the committees police were making, and his
interference led to personal en-
counter between him and Hopkins. one of
the police, in which Terry drew a knife
and stabbed Hopkins Inc alarm bell was
sounded, the whole general committee
called out and Judge Terry arrested and
taken 20 fort Gunnybsgs,' where he
Ii Nra anrrN aHaafNH -
suit of Hopkins wound and the
committees action. For time
the disposition was % hang the Judge
The punishment Of Terry. the highest judi
cial officer Iu the state, was a serious ques-
ton for the committee, but after Hopkins
recovered the Judge was released.
Judge Terry and William N. Gwin were
the leaders OF the prO-slavery party In Cali
fornis, and were backed By hot-headed
company as ever existed On the other |
side of the slavery question were David e.
BIOderick and Col. T. ID. Baker, |
the gray eagle" who Afterwards |
vent 70 the United States senate from
Oregon and from the senate marched 70
the battle field at the head of q regiment,
to fall at Balls Bluff In the earl1 part of |
bis career BrOderick twas 3 professional
politician of the New York type, rough |
and self-reliant, honest as a rule IN his in
tenuOns, but often erroneous In his
opinions. Born in Washington in
1919, he was taken By his father, a
soone-cutter, 10 New lOTk ia lb25, where,
when grown, he kept drinking shop, ran
With q fire engine and manipulated pri-
maries. Arrived In California in 15l9
Without education, bus with marked ebil-
itys he became a hard student and let fly
bis ambition, which carried him at length
70 the United states senate Possessed Of
many objectionable qualities, he was not
without redeemiDg traits. His am 9itiOn
was lAudAb!e, his perserVerance indOmit-
able, and bis habits exemplary" The
methods or BrOderick would have ruined
him politically but for the stand be took
elected TO the United States senate for the
short term In 1856, and in his place 10 that
body opposed the admission OF Kansas IN
der the Lecompton constitution. In only
one respect can he be said TO have
agreed with Judge Terry, and that was
In hostility 20 the vigilance committee. and
led a movement to prevent the infiiction
Of punishment without due process OF
law As the secession period approached
the III feeling between the two factions in
California increased In public addresses
Incorporate language was used by both
BrOderick and Terry. aud in September,
1859, the enmity reached its climax. II
has been alleged that an agreement was
reached between q half-dOzen or more
ultra-SOuthern men In san Francisco.
among whom was Judge Terry. 20 put
BrOderick out OF the way. The plan was
that one OF their number should challenge
the senator 10 a duel, and IN the latter came
out alive be was TO be again challenged bg
another Of the company, and 20 on untiI
be should fall II was Terry's lot to - cali
on" Broderick hrst The senator knew
bis peril, but In the existing stste
OF society had no alternative but 10 accent.
He went out with his seconds 10 meet
Terry at the appointed place. IL has B en-
charged that Terry did not wait for the |
word OF command, but fired before the |
tins, and Broderick fell dead ia his tracts. |
Ths result Of the duel was almost a. seri- /
Gus 70 the survivor as 70 the victim. A i
6eTy Grafton by Col Baker stirred the i
popular heart, 50 that il was impossible Il
for Terry % again take any part IN public Il
aneirs- Some years ago he became 4 i
rancber near Fresno, and only came again \
into public notice when he appeared in Il
court about two years ago, as counsel for Il
sarah Althea HUI in one branch OF her
lats William Sharon. he scored ons
Of the few victories that have Il
marked her long battles for recognition 4
ss the wife Of the California milIi0naire. Il
and then created q nine days sensation Il
oy marrying his client Last September,
In the hearing Of one Of Mrs. Terry's num- Il
erOue suits before Justics Field, the claim i
ant assumed an ins0lent tone toward the /
court and was ordered committed for con-
tempt OF court, whereupon Judge Terry |
Inadr rush % reach Justice Field with a |
knife. he was checked and both he and |
Ats. Terry were committed for ak months
lOr contempt OF court Judge Terry has |
frequently expressed his determination 10
be revenged upon Justice Field for what
ne has denounced as his unfair decisions lu
the Hill-Sharon litigation and for the in
dignity put upon him and his wife By send
ing them TO jail.
saw Him FIRST.
JACKSON, Tenn, Aug. 14.-This morn
inc ~ ..fT