The Press., 1889-08-22

were Joseph McKibbin and David b. Col ton; Terry's, Thomas Hayes and Calhoun Benham. At the word "two, Broderick's pistol went of prematursly, the ball enter ing the ground. Terry then fired; Brod- erick fell, and on the morning of Septem- ber 17, after great suffering, he died.
 'They have killed me- he is said to have exclaimed in one of his intervals of freedom from delirium, 'sbecause was op- posed to the institution of slavery and corrupt administration"
 Terry was at once arrested, but was re- leased on SIG, 900 bail. His partisans got his case would not have to come of before the court of sessions at San Francisco, and a friendly judge changed the venue to Marin county, across the bay. Another friend, afterward himself indicted as &C., cessory to murder, came down from Sac ramento to sit in the case. On the ap- pointed day, all the witnesses were con- veniently becalmed in sailing vessel on the day the district attorney promptly en- tered nolle prosequi, and so the ''trial" ended.
 When 1861 came and it was found that all the well planned schemes of the seces- sionists to force California out of the union must fail, Judge Terry went to Texas, took command of regiment of Texan yolun- teers, and served in the confederate army during the war. At it's conclusion he re- turned to California, resumed the practice of his profession, and attempted to reoccu- py his old place in politics. But he was now past fifty. California had grown older, too his old friends were neither 50 numerous nor so powerful, and his ambition was only partially gratifed. Tr, hN I~l s.~ Is placed on the democratic state committee
 In 1879 he was nominated for attorney general by the ephemeral and hybrid or ganization called "the new constitutional party" In 1880 he was presidential elector on the democratic ticket but was de- feated, although all the others were elect ed. As he ran nearly 600 votes behind
 the lowestsucce cessful candidate, this natural
 ly ended his political career.
 Hubert Howe Bancroft, the historian of
 the Pacific coast, speaks of Terry as Gan
 able jurist, of no inconside derable will and
 courage, honorable according to certain
 ideas of honor, chivalrous after the manner
 of southern fire-eaters, with a cultivated
 mind, and, when he chose, engaging man.
 ners."
 The funeral of David s. Terry was held
 at Stockton last Friday. The body was
 removed from the morgue at noon and
 taken to the Episcopal church, where it lay in state for two hours and was viewed l by great number of people. Mrs. Terry
 occupied pew near the coffin and watch ed the face of the dead all the while. Sev-
 eral times she left her seat and threw her
 self upon the coffin. The service was read
 by one of the vestrymen of the church. The body was buried in the cemetery al q Stockton. The supreme court of the state
 of California, of which Terry was formerly
 chief justice, refused to adjourn out of re-
 spect to Terry's memory. This decision was announced from the bench, and the
 reasons given were that Terry resigned hif Judicial position to fight 8 duel, and that he was killed while in the act of assaulting a justice of the United States supreme
 court.