Omaha daily bee., 1889-08-19

His head dropped and he fell fat on his
back, his pale face ipturned to the sky.
DR.. VonLoehn, his surgeon, was too ag-
ltated to be OF service. The blood
spurted from the senator's wound, and
Won Loehn did not seem to know how to
stop it. MIR. Brooks, friend OF Terry,
finally stepped forward, and in the
name of Judge Terry offered the SER
vices of his surgeon, DR.. Hammond.
But IL was OF little use. The ball had
entered the right breast and passed
through the upper lobe OF the left lung.
Davis, the owner of the ranch, who
had been a silent spectator of the duel,
started to his feet as DR.. Hammond
began cutting away the clothing from
the wound, and shouted eXcitedly:
"That is murder, by Godl" He moved
toward Terry, but was restrained. 1t
was fortunate that this remark had
been heard only by the Broderick party,
for there were plenty Of friends OF Terry
there all armed to the teeth.
Terry had not moved. His arms were
folded with the muzzle of a pistol pro-
jecting behind him. He was erect as
ever, with look OF inquiry upon his
face, as though he expected call for n
second shot. His GOODNESS and nerve
were remarkable even in that gather
"Ah! / struck him n little too high"
Assured that Broderick's wound was
fatal, he started for his carriage and
was followed by his friends. They
drove rapidly to San Francisco, and
from there Terry went to his ranch at
Stockton whence he quietly awaited
events. He was arrested on September
% by two detectives from San Francisco
and was put under $4,000 bonds, but
the case finally went by default.
Terry was chief justice OF the supreme
court of the state, but resigned that
office to fight Broderick. Although he
escaped all punishment for Broderick's
assassination, he was for some weeks in
the hands of the San Francisco vigil
ance committee for stabbing a man
named Hopkins. When he finally re-
gained his liberty he left the state for a
time, and commanded Texas regiment
in the confederate army during the
rebellion.
Over the bier of Broderick. exposed
in one of the open squares OF San Fran
cisco, Edward ID. Baker, the friend of
Lincoln and afterward senator aud
general, and who was killed in the
battle of Balls Bluff, delivered the fol-
lowing funeral grafton, which is printed
for the first time:
A senator lies dead In our midst. He is
wrapped in a bloody shroud, and we, to
whom his tolls and cares were given, are
about to bear him to the place appointed for
all the living. 1t is not fit that such a man
should pass to the tomb unheralded; IL is not
fit that such life should steal unnoticed to
it's close; it is not lit that such death should
call forth no rebuke, or be followed by no
public lamentation. 1t is this conviction
which impels the gathering of tais assem-
blage We are here of every station and pur-
suit, of every creed and character, each in
his capacity of citizen, to swell the mournful
tribute which the majesty of the people offers
to the unreplying dead.
He lies to-day surrounded by little Of
funeral pomp. No banners droop over the
bier, no melancholy music floats upon the re-
luctant air. The hopes of high-hearted
friends droop like fading flowers upon his
breast ana the struggling sigh compels the
tear in the eyes that seldom weep. Around
him are those who had known him best and
loved him longest; who have shared the tr-
umph and endured the defeat. Near him are
the greatest and noblest OF the state, pos
sessed by a grief at once earnest and sincere !;
while beyond, the masses of the people whom
he loved, ana for whom his life was given,
gather like under-cloud of swelling and
indignant grief
In such a presence, fellow citizens, let US
linger for a moment at the portals OF the
tomb, whose shadoWy arches vibrate to the
public heart, TO speak a few brief words OF
the man, of his life and his death. Up 10 the
time of his arrival in California, his life had
been passed amid events incident to such a
character Fearless, self-relisnt, open in his
enmities, warm IN his friendships, welded to
his opinions, and marching directly to- his
purpose through and over all opposition, his
career was checkered with success and de-
feat; but even in defeat his energies were
strengthened and his character developed.
HIS BoYHooD.
When he reached these shores his keen OBJ
servation taught him at once that he trod a
broad field, and that a higher career was be-
fore him. He had no false pride; sprung
from people and of race whose vocation
was labor. he toiled with his own hands, and
sprang at u bound from the workshop to the
legislative hall From that time there con-
gregated around him and against him the ele-
ment of success and defeat-strong friend
ships, bitter enmities, high praise, malignant
calumnles-but he trod with free and proud
step That onward path which has led him to
glory and the grave.
Fellow citizens! the man whose body lies
before you was your senator. From the
moment OF his election his character has been
malighed, his motives attacked, his courage
impeached, his patriotism assailed. 1t has
been a system tending to one end. What
was his crimes Review his history-consider
his public acts weigh his private character
and, before the grave incloses forever,
Judge between him ana his enemies.
AS man-to be judged in his private rela-
tlons-who was his superlori II was his
DOaSt, auu, anna Jue SeueTal IcenSc Oi u new
country, it was proud one, that his most
scrutinizing enemy could fix no single act of
immortality upon himl Temperate, decorous,
self-restrained, he passed through all the ex-
element of California unstained. No man
could charge him with broken faith or vio-
lated trust; of habits simple and inexpensive.
he had no use for gain. He overreached no
mans weakness in a bargain, and withheld
from no man his just dues. Never in the
history of the state has there been citizen
who has borne public relations more stain
less in all respects than he.
THE CODE DELUsIoN.
One year ago TO day performed duty
such as perform to-day over the remains of
Senator Ferguson, who died as Broderick
died. tangled in the meshes of the code of
honor. To-day there Is q more eminent sacri
flee. To-day renew my protest; to-day I
utter yours. The code of honor Is a delusion
and snare; it palters with the hope of a
true courage aud binds 1t at the feet of crafty
and cruel skill. 1t surrounds its victim with
the pomp and grace Of the procession, but
leaves him bleeding on the altar. II is a
shield, biazoDed with the name of chiyalry
to cover the malignity of murder.
1t substitutes cold and deliberate prepare
tion for courteous and manly impulse, and
arms the one to disarm the other IL may pre-
vent fraud between practiced duelists who
should be forever without Its pale, but 1T makes
the mere "trick of the weapon" superior to
the noblest cause and truest courage. Its
pretense of equality Is o lie--it is equal in all