The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-08-15

u DlttcT SCr1Ie between MS 1r1euQS ana IUo
opponents of his plan, which resulted I'D
many fights and much bitterness. His
most lmplacable enemy was the acting
United States Senator, DR.. Gwin. They
hated each other cordially.
In 1856 Broderick was elected United
States Senator for six years. He had
gained absolute control OF the State Sem
ate, and 1t was 10 his power TO name his
associate. To the surprise of every one his
choice fell upon his enemy, Dr.. Gwin.
Later it was seen that he had coldly cal
culated a bit of choice revenge. He al,
lowed Gwin to succeed himself only upon
relinquish all federal patronage In his
tBroderick's 81 favor Gwin was induced 10
write letter pledging himself TO observe
this condition, and Broderick, in great glee,
had it published.
Gwin turned the tables on Broderick
when the latter turned on the administra-
ton. In 1853 on the question of admitting
Kansas as a free or a slave State. and de-
claIed himself a supporter of stephen A.
Douglass. The greater part of the Demo-
cratic party in California was opposed to
Broderick's action, although his personal
following was not impaired. When he
went to Washington he was digusted to
find that Gwin was the favorite of the adj
mlnlstration, while he received nothing but
cold looks and scant courtesy. The rela-
tiOns between Gwin and Broderick were
even more strained. and every body antici-
pated a sanguinary encounter. The Cali
fOrnla State campaign in 1859 was intensely
exciting. Broderick led coalition of anti
administration Democrats and Republic
ans The latter were few, but their party
was growing in the State. The exchange
of personalities during the campai gn was
remarkable Broderick aud Gwin called
each other liars, thieves, scoundrels and
what not. That they did not kill each
other on sight was wonder to every one.
During the height of the electiOneering
Broderick announced that he would not
imperil his influence and his position in the
Senate by taking any heed of the personal
abuse poured upon him.
Terry at this time was much embittered
against Broderick because he had failed to
secure denomination for the chief Justice
| ship. AT the LecomptOn Democratic State
convention, held at Sacramento in 1859. he
| let loose his wrath and denounced Broder-
| lck In the strongest terms. he called
him an arch traitor, and said that if he was
| the follower of any Douglass 1t was the
"Black Douglass, whose name is Frederick.
not Stephen
| Broderick was eating breakfast at the
| International Hotel when he read Terry's
| eral ladies in the room, and with one of
these ID. w. Perley, a prominent lawyer.
was conversing. Broderick leaned across
the table and said to him:
| 81 see that Terry has been abusing me.
now take back the remark that / once
made, that he Is the only honest judge on
the Supreme Bench. L was his friend when
| he was in need of friends. for which | am
| disposed of him they did of others they
| would have done a righteous actn
| =. 1t was alleged that Broderlck swore In
the presence of the ladies, calling Terry
| ward denied by Brodericks friends. Per-
| ley was an intimate friend of Terry, and he
resented BrOderick's remarks as o personal
injury. For some some time tin it it looked as though
| and BrOderick. in which Terry had taken
| Gwins place, would wind up In a duel be-
| tween BrOderick and Perley. The latter
sent Broderick challenge at the hands of
| General Even. BrOderick declined to ac-
| cept it, and replied cOntemptuOusly:
| Sir. 1 fight only with gentlemen of my own po-
sition.
| Thereupon, Terry took up the insulting
remarks. and sent the following letter to
| BrOderick:
| OAKLAND, Sept. 8, 1859.
Hon. David c. Broderick:
| Sir-Some two months ago, at the public table
| OF the International Hotel in San Francisco, you
saw fit to indulge in certain remarks concerning
| me which were offensive in their nature. Before
| heard or the circumstances your note of the
29th of June, addressed TO D. w Perley, in which
| call OF personal character during the political
| canvass just concluded, had been published.
| notice OF those remarks until the expiration OF
| the limit fixed by yourself now take the earli-
those remarks This note viii be handed TO Won III
| by my friend Calhoun Benham who is acquainted
with Its contents and will receive your reply.
ID. S. TERRY.
| looked as though the affair might end in
mere quibbling over the meaning of the
words employed by Broderick in his denun-
citation of Terry. BrOderick would und0ubt-
! but Terry was loaded for bear. and nothing
short of blood would satisfy him. A letter
| which. while formal, was also menacirg,
| aroused BrOderick's anger, and he seq
,tct. h..
Judge sent challenge. making Mr.. Ben
ham his agent, and it was accepted by
| BrOderick, who referred Mr.. Benham TO his
friend, the Hon. j. G. McKibben. The ar
rangements were made and written out.
The time was set for O'clock on the morn
ing of Sept. II. The spot at first selected
for the encounter was at the boundary lines
of San MateO and San Francisco counties:
but it was altered to the farm adjoining the
Lake House ranch, occupied by William
| Higgins. The weapons chosen were duel
ing pistols. to be used at ten PAGES. Judge
Terry chose as his seconds Calhoun Benham.
| q lawyer, State Comptroller ;. III. Brooks
and Thomas Hayes. Congressman McKib-
ben, Sheriff David C.. Cotton and Leonidas
Haskell acted for Broderick. In this
Judge Terry had the advantage. as
in such matters before, while those
representing Broderick, though accustomed
to the use of pistol and knife, had lit
tie knowledge of the code. 1t has been al
with the result. Hayes had been a warm
friend of Broderick in New York. and it
panied the latter to see him acting for his
opponent.
The parties met according to agreement
at the ground first selected. They had en-
deavOred to keep the matter secret, bat it
leaked out, and some two hundred 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 III. Z.
Coon, who discharged them on the ground
that no crime had actually been committed.
Andrew j. Butler. brother of Gen. Benja-
min +. Butler; John A. McGlynn, brother
of DR.. McGlynn. of this city, and other
| friends now tried to dissuade Frederick
from fighting. but he felt that his reputa-
tion depended upon it. and refused TO stop.
At that time he very cool and calm.
The arrest was a mere straw. That very
night, the 18th, the parties drove TO the
farm near the Laguna de la Merced, ten
miles from the city. A few reporters and
some others heard of it in time. and fol-
lowed it. 1t was chilly night and so dark
that the drivers lost their way several
times. The breeze from the ocean blew
strong and sharp. The day broke beauti-
fully, however. before the encounter took
place. Before reaching the dueling ground
they had to vault high fence. Terry and