Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-15
THE KILLING OF JUDGE TERRY.


The death of Judge David S. Terry at
the mouth of the pistol in the hand of
representative of the law brought to fit
ting close a career that has ended with the
least of public regret. 1t closed the life
of man who had long and unnecessarily
failed to do the State eminent service by
embracing, as he might have done long
ago, several first-class opportunities TO
wind up his earthly affairs and close his
account with an outraged public by dying.
Terry, able and courageous as he was,
recognized no higher or filter arbiter of
personal issues between men than the
bloody "code." Invoking violence, he has
fallen by its weaponry, and to that extent
justified it. Appealing to the arbitrament
of arms, he has verified the words of Him
who spoke as never man spake, "They that
take the sword shall perish with the
sword" With the tragic taking off of
Judge Terry there disappears from this
State the last remnant of the bullying
chivalry which has sought to terrorize de-
cency in California and overawe authority,
and has crimsoned the eventful annals of
the Commonwealth with the blood of some
of its best and bravest citizens.
David S. Terry represented profession
that is at once the monument of the sum
of human wisdom, the conservator of equal
and exact justice, the bulwark and the
parent of the Judicial arm that alone in
terposes between the rights of men and
the strong hand that would seize upon
them, and that guarantees to US the pledges
of constitutional liberty. But he outraged
that exalted profession he dragged the
ermine of the Bench in the dust of the
street brawl and the wayside contention
he descended from the seat of the chief
tribunal of the State TO slay its most dis
tinguished political representative of the
time, and finally reviled, spat upon, threat
ened with death and bullied the judicial
authority that he of all men was bound to
most respect. For the just rebuke he re-
ceiyed, and for failure to administer which
the tribunal would have fallen beneath
the contempt of men, he assaulted, with
deliberation and premeditated malignity,
the venerable chief of the Court, and with
the swiftness of unimpeded Justice was
shot down in the very act before his &C
complete could bring arms to aid him.
Sweet-faced charity bids us speak no i'll
of the dead; honest history and common
justice demand that the truth shall be
spoken, and that the living shall rest UNI
der not even the suspicion of reproach
because of death that resulted legiti-
mately from the seeking of violence. 1t
is not necessary in this relation to turn
back the pages of many years to reveal the
domineering spirit of this oyerbearing
man, who in life sought to keep the chiv-
airy of an aristocratic idea in the fore
front of the politics of the State, and to
make its dictates the rules of action for
the people Of California. 1t has senti-
ment that had its spring and origin in that
monstrous infamy, human slavery, and the
thought and purpose of which Terry rep
resented and did battle for, even to the
extent of taking up disloyal arms. 1t
was that sentiment that has sought to in
delibly impress its policy upon the poll
tics and society of the State, and that in
time of trial resorted to violence TO en-
phasize its estimate of the chivalrous.
The same intolerant spirit and naughty
contempt for all not of its class, led Terry
to outrage the ethics of his profession and
contempiuously conduct himself before
tribunal OF the people. 1t resulted in his
Incarceration for contempt and subsequent
indictment for ofienses. Since that day
the public mind has been uneasy lest this
man should, in pursuance of HIS threats
of vengeance, assault the justices whose
Interpretation Of the law rendered it nee
essary for them 10 give judgment against
the scandalous claims that Terry repre-
sen:ed, Unfortunately for Terry, but
fortunately for the public peace and the
ends of justice, the premonition of the
public mind was yesterday realized, and
resulted in that swift retribution being
visited upon the offender, which is neither
regretted nor deplored