The morning call., 1892-01-17
DAVID S. TERRY.
4 Book of His Life That Is Soon
to Be Published.

to Be Published.
The Inter- Ocean OF Chicago has the fol-
lowing concerning a book soon to be pub
lished. and which will contain the life Of
the late David s. Terry:
Probably never before was there a char
acter in California around which so much
history centerS as about that Of Terry, who
was for nearly forty years a citizen of
Stockton. Certainly no one man in the
State was more noted, both i'll the intel
lettual and physical fields Of action.
That he was very positive man is only
an index to the fact that lie had many bitter
enemies and many fast friends.
A portion of this book will deal with the
famous Terry Frederick duel
The following is an account, printed for
the first time, of the duel between Judge
Terry and d. C. Broderick, which took
place September Is, 1859, in San Mateo
County, near MERGED Lake
The sun was just rising over San Bruno
hills when the dueISts took their stations
ten PAGES apart.
From eighty to hundred friends of Brod-
erick had gathered, expecting to see Terry
killed.
Colonel Books, who handed Terry his
pistol, called his attention 10 the crowd Of
Broierck's friends.
Terry had stated that he did not wish TO
wound Frederick mortally, but Colonel
Brooks, pointing in the direction Of the
crowd, said to Terry:
Every man there IS a friend to BroderiCk
and they are here to see yOu killed and to
rejoice over it. You say you only intend to
lame him. ! want you to promise me that
You will not trifie with your opportunity"
Terry cast his eyes over the field and the
throng that had cOngregated, and said TO
Brooks:
Il will hit him, but do not want to kill
him."
Colonel Brooks retired, feeling confident
that Terry would end the controversy by in
tlicting wound that would put BIOderick
in such condition that there would be no
occasion TO repeat the shot.
Judge Terry took his pistol, held it behind
him for moment, and then rested IL upon
his left arm, in front
BToderck critically examined his weapon,
and took pains deliberately TO adjust it 10
his grip. Apparently satisfied. at length
he attentiYely measured with one keen
look the ground between his adversary
and himself.
The two had cast off their oyercoats, and
were quite similarly dress ed-in full black
suits, froCk coats bHttonrd across the breast,
and without shirt-cOlars.
Benham Zone of Terry'S seconds) examined
DIUQtIiCh pGISJu 10 SEE Liidl Tie NOIG HUtL-
ing TO stop or glance a bullet Colonel Nc
Kibben similarly examined Judge Terry.
Mr. Br0derick had just before handed his
watch and the money IN his pockets to Nc
Kibben, and Judge Terry had likewise
passed the contents OF his pockets TO Ben
ham.
The word, as it was to be given. was ex-
emplifed by Cotton and repeated by Ben
ham. The seconds then took their appro-
pirate places.
Judge Terry stood erect and firm, but in
an easy attitude
The word as il was eXemplfpd just be-
fore the shots were fired was: ''Flre-one
two"
The duelists were not to fire until the
word one had been pronounced.
The shots followed each other in quick
succession. Broderck was accustomed to
shoot from the elbow; that is to say, by
raising his arm 10 the level Of the elbow
and firing without aim,
Terry, on the other hand, was accustomed
to shoot from the shoulder, taking quick
aim.
Both men stood with their pistols at the
side. When the word was given BUoderck
pulled as he raised his weapon. and the ball
struck the ground on a line with Terry,
nine feet from Broderick's standing-pOint.
Judge Terry fired instantly afterward.
The fatal wOundng Of BT0derick is thus
described:
A slight show of dust upon the right lapel
Of BrUdeuck'5 buttoned coat gave token
where tho ball had struck. In a moment
Broderick's right arm was raised nearly in
4 line from his shoulder and was extended
at full length; his left arm simultaneously
moved In a similar manner lu his right
hand he still gripped his pistol.
a visible ShuddeTiug of the body was in
stautiy perceptible, then violent contraction
OF the right arm. relaxation Of the fingers of
the right hand, from which the pistol
dropped TO the ground.
A heavy cOnvulsIOn shook his QulVerlng
form; he turned toward the left, his head
dropped, his body sunk, his left enee fret
giving way, then the right, and in a moment
he was half PROSTATE on the sod, his left
arm supporting him from falling prone.
His seconds rushed TO his aid. His surgeon
was with him in an instant, but it was soon
manifest that he had been somewhat con-
fused 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 Benham that
his ball had "hit too far out TO be mortal.
He believed it TO be no more than a flesh
wound over the chest and not dangerous,
for no blood had flowed from Broderick' 5
mouth as is the case ia instances where the
lungs are penetrated.
Satisfied, however that another shot
would not be required by BrUderick 5 Sec
OudS Terry then left the ground. Judge
Terry went to his ranch ON Consumes
River.
Soon afterward Detective Lees, now of San
Francisco, accompanied by another officer,
rode up on horseback to arrest him. Dis
mounting, they tied their horses and started
toward the house.
Terry and Jack Hayes were sitting on the
porch, and Terry's rifle was leaning against
the building near him.
Terry, whip wanted to be tried in the
county called thp officers " N ~
them not TO enter his premises, and saying
he would Kill them ( they did enter.
The officers consulted with each other for
a while, then remounted their horses and
role away.
Half an hour afterward Sheriff O'Nell Of
the county rode up. Terry went out TO
meet him and brought him into the house
and entertained him'at dinner. The Sheriff
made the formal arrest and Terry went with
the officer to Stockton.
After waiting three weeks for witnesses
and none appearing, the case was merely
argued and given to the jury. 1t brought in
a verdict Of not guilty.
The story of the Belt and Terry affair,
which occurred in 1850, as gwen in the re-
port furnished by Mr.. Sweasey, who was
friend of Terry, presents the cool blood of
the latter in a ludicrOus light.
While the affair meant blood 1t showed
how lightly Judge Terry valued his life
without his honor.
Belt was the challenger. and Terry having
the right to choose weapons and distance,
named pistols at ten feet.
Belt objected to the distance as being MUIR
derous and barbar0us.
Terry would not Weld and the challenge
was withdrawn. When asked by Sweasey
why he insisted on so short u distance,
Terry replied:
Belt Is a noted dead shot both with pis-
tolls and the rifle. | am not accustomed TO
either. If he Is at all nervous he is more
likely to miss me at ten feet than at ten
PAGES, and know / can kill him atten feet"
-
STILL UNDECIDED