Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1889-08-28
JUDGE TERRY.
HIS FAMOUS DUEL WITH BROD
ERICK IN 1859.

HIS FAMOUS DUEL WITH BROD-
ERICK IN 1859.
CAUSES LEADING TO THE MEETING-sCENEs
AND INCIDENTS OF THE FIeHT-BRoDER-
lexis LAST WORDS AFTER RECEIVING THE
FATAL BULLET OF HIS ANTAGONIST.
Judge David s. Terry, who was shot and
killed by Deputy Marshall Nagle at Lathrop,
COL, Wednesday, the detail of which were
published in yesterdays NeoS, had led a
checkered career and just such death as
he met had frequently been predicted for
him, In 1859 Terry fought his famous
duel with Broderick, of California, the fol-
lowing account of which appears in the
Philadelphia Telegraph:
cat the time Terry was much embitter-
ed against Broderick because he had failed
to secure denomination tor the Chief JUS
ticeship. At the Lecompton Democratic
State Convention, held at San Francisco in
1859, he let loose his wrath and denounced
Broderick in the strongest terms. He
called him an arch traitor, and said that if
he was the follower of any Douglass, it was
the 'sBlack Douglass" whose name is
Frederick, not Stephen. Broderick was
eating breakfast at the International Hotel
when be read Terry's remarks in news
paper. There were several ladies in the
room, and with one of these D. W. Perley,
a prominent lawyer, was conversing.-
Broderick leaned across the table and said
to him.
81 see that Terry has been abusing me.
I now take back the remark that l once
made, that ho is the only honest judge on
the Supreme Bench. l was his friend
when he was in need of friends, for which
1 am truly sorry. Had the vigilance COM
mittee disposed of him as they did of
others they would have done righteous
act"
1t was alleged that Broderick swore in
the presence of the ladies, calling Terry
I'D miserable wretch" but this was
afterwards denied by Broderick's friends.
Perley was an intimate friend of Terry, and
he resented Broderick's remarks as a per-
sonal injury. For some time it looked as
though the quarrel would wind up in
duel between Broderick and Perley. The
latter sent Broderick a challenge at the
hands of General Even. Broderick de-
clined to accept it, and replied contemptu
ously:-
''Sir, fight only with gentlemen of my
own position"
TERRY's CHALLENGE TO FREDERICK.
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 de-
nunciation of Terry. Broderiok would un-
doubtedly have been pleased at such re-
suit, but Terry was loaded for bear, and
nothing short of blood would satisfy him.
A letter which, while formal, was also
menacing, aroused Broderick's anger, and
he sent very stiff and incorporating
reply. The Judge sent challenge, max
ing Mr. Benham his agent, and it was &C,
copied by Broderick, who referred Mr..
Benham to his friend, the Hon. j. G. Nc
Kibben. The arrangements were made
and written out The time was set for
1 o'clock on the morning of September 10.
The spot at first selected for the encounter
was at the boundary lines of San Mafeo and
San Francisco counties, but it was altered
to the farm adjoining the Lake House
ranch, occupied by William Higgins
The weapons chosen were duelling pistols,
to be used at ten PAGES. Judge Terry
lawyer, State Comptroller S. Fl. Brooks
and Thomas Hayes. Congressman Nc
Kibben, Sheriff David G. Cotton and
Leonidas Haskell acted for Broderick. In
this Judge Terry had the advantage, as
his seconds had all had experience in such
matters before, while those representing
Broderick though accustomed to the use of
pistol and knife, had little knowledge of
the code. It has been alleged that their
inexperience had much to do with the re.
suit. Hayes had been warm friend of
Broderick in New York, and it panied tie
latter to see him acting for his opponent.
THE DUEL AND BRoDERIcK's DEATH.
The parties met according to agreement
at the ground first selected. They had en-
deavored to keep the matter secret, but it
leaked out, and some 200 excited friends of
both sides contrived to get there. The
police were also informed, and Just as the
seconds arrived Chief of Police Martin J.
Burke came up and arrested the whole
party. There was no resistance. They
were arraigned before Police Justice II. P.
Coon, who discharged them on the ground
that no crime had actually been committed.
Andrew J. Butler, brother of General
Benjamin F. Butler, John A. McGlynn, d
brother of DIR. McGlynn, and other friends
now tried to dissuade Broderick from
fighting, but he felt that his reputation de-
pended upon it and refused to stop. At
that time he was very cool and calm. The
arrest was mere straw. That very night,
the 18th, the parties drove to the farm
near the Laguna Qe la MERGED, Ten miles
from the city. A few reporters aud some
others heard of it in time, and followed -
1t was chilly night, and SO dark that the
drivers lost their way several times. The
breeze from the ocean blew strong aud
sharp. The day broke beautifully, how
ever, before the encounter took place.
Before reaching the duelling ground they
had to vault high fence. Terry and
Broderick went over it as lightly as though
they were out for lark instead of with
murderous designs.
There were eighty spectators present
when the seconds held their conference and
the pistols were examined and loaded. A
half-dollar was tossed up, and Judge Terry
won the choice of weapons. Mr. Hayes
marked eff the ten PAGES and warned the
spectators to move back out of the line of
fire. Broderick was the coolest man of his
party, his seconds appearing nervous and
i'll at ease. Mr. Haskell, after partly IN
tying the Senator's clavst, stepped back
and wrung his hands. He then removed
the cravat This incident unnamed Brod-
er'ck for a moment. Brodey;ck were
long surtout and had soft woolen h5t
drawn down over his brow. Terry e
similarly attred. The requirements # the
code were strictly followed. Benham
searched Frederick closely for concealed
mail, but hicKibben only touched Terry's