Los Angeles herald., 1892-01-11
A STORY RETOLD.
A New Version of the Terry
BrOderick Duel.
Excerpts from a Biography Of
Judge Terry.
Some Interesting Details About the
Celebrated Encounter.
The Details of the Meeting-How Terry
was Arrested-His Acceptance of
q Challenge from Belt at
Ten Feet.

Probably never before was there a
character in California around which 80
much history centers as that of David S.
Terry, who was for nearly forty years an
honored and distinguished citizen OF
Stockton, says the Stockton Mail.
Certainly no one man in the state was
more noted, both in the intellectual and
physical fields of action. That he was a
very positive man is only an index to
the fact that he had many bitter enemies
and many fast friends.
The life of Terry has been written by
A. E. Wagstaff, and the book is to make
its appearance soon, the type being all
up; the work is waiting only for the il
Illustrations. Some of the matter was
shown to Mail reporter today by the
author, who is now on short visit to
this city. q
An interesting account is given of the
duel between Judge Terry and D. G..
Broderick, which took place on Septem-
ber 13, 1850, in San Mateo county. near
Merced lake. The sun was just rising
over the San Bruno hills when the duel
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From eighty to a hundred friends of
Broderick had gathered, expecting to
see Terry killed. Colonel Brooks, who
handed Terry his pistol, called his at
tention to the crowd OF Broderick's
friends. ferry had stated that he did
not wish to wound Broderick mortally.
But Colonel Brooks, pointing in the di-
rection of the crowd, said to Terry:
Every man there is friend to Brod-
.erick, and they are here to see you
killed and to rejoice over it. You say
you only intended to lame him. l want
you to promise me that you will not
trife with your opportunity"
Terry east his eyes over the field, saw
the throng that had congregated, and
said to Brooks 81 will hit him, but l
do not want to kill him."
Colonel Brooks retired, feeling conf
dent that Terry would end the contro-
'versy by inhicting wound that would
put Broderick in such condition that
there would be no occasion to repeat the
shot.
FIRE oNE-TwO."
The following description of what fol-
lowed is an excerpt from Mr.. Wagstaff's
work:
Judge Terry took his pistol, held it
behind him for moment, and then
rested it on his left arm in front. MIR.
Broderick critically examined his pistol
and TOOK pains deliberately to adjust it
to his grip. Apparently satisfied, at
length he attentively measured with
keen look the ground between his ad-
versary and himself, both ways, to and
from him. The two had cast off their
overcoats and were quite similarly
dressed, in full black suits, with frock
coats buttoned across the breast and
without shirt-collars. Mr.. Benham
Gone OF Mr.. Terry's seconds) examined
Mr.. Broderick's person to see that he
wore nothing to stop or glance bullet !;
Colonel McKibben similarly examined
Judge Terry. Mr.. Broderick had Just
before handed his watch and the money
in his pockets to McKibben, and Judge
Terry had likewise passed the contents
of his pockets to Benham. The word,
as it was to be given, was exempified
by Mr.. Cotton and repeated by Mr.. Ben
ham. The seconds then took their ap-
propriate places. Judge Terry stood
erect and firm, but in easy attitude.
The word as it twasexemplified just be-
fore the shots were fired was Fire One
Two" The duelists were not to fire
until the word "One" had been given,
nor after the word 1.-TWO" had been pro-
nounced.
The shots followed each other in quick
succession. Broderick was accustomed
to shoot from the elbow-that is to say,
by raising his arm to the level of the
elbow and firing without aim. Terry,
on the other hand, was accustomed to
shoot from the shoulder, taking quick
aim.
THE FATAL SHOT.
Both men stood with their pistols at
their side. When the word was given
Broderick pulled as he raised his weapon
and the ball struck the ground on line
with Terry, nine feet from Broderick' e
standing point. Judge Terry fred in.
stantly afterwards. The fatal woundinp
OF Broderick is thus described:
eight show of dust upon the right
lapel of Broderick's buttoned coat gave
token where the ball had struck. In a
moment Mr.. Broderick's right arm was
raised nearly in line from his shoulder
and extended at full length his left arm
simultaneously moved in similar man.
ner. In his right hand he still gripped
his pistol. A visible shuddering of the
body was instantly perceptible, then a
violent contraction of the right arm, a
relaxation of the fingers of the right
hand, from which the pistol dropped to
the ground. A heavy convulsion shook
his quivering form, he turned toward
the left, his head dropped, his bodv
sunk, his left knee first gave way, then
the right, and in moment he was half
PROSTATE on the sod, his left arm sup
porting him from falling prone. His
seconds rushed to his aid. His surgeon
was with him in flash, but it was soon
manifest that he had been somewhat
confused by the scene. Judge Terry
stood with folded arms in his appointed
place, awaiting the requirements of the
situation. His seconds went to him at
once, and he remarked to Mr.. Benham
that his ball had "hit too far out" to be
mortal; he believed it to be no more
than flesh wound over the chest and
not dangerous, for no blood had flowed
from Mr.. Broderick's mouth, as is the
case in instances where the lungs are
penetrated. Satisfied, however, that an
other shot would not be required by
Mr.. Broderick's seconds, Terry then left
the ground.
TERRY's ARREST AND TRIAL.
Judge Terry went to his ranch on the
Consumes river. Soon afterwards De-
q