The age-herald., 1897-10-03

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  for the sheriff of the county and gave himself up for trial. There never was a trial however. Est1ey subsequently, made fortune in land speculation and contributed generously every year to the support of the aged mother of the dead Parker.
 The duel between John E. WoodHff, couEty judge, of San Joaquin county. and Achilles Kewen, & leader of the young men of the California bar, is well remembered among the many duels in 1854. Judge Woodliff had nearly reach ed middle age and had been in public life in Tennessee for years before he came to California. He had fought eight duelS in the south and in Califor- mia and had killed three men. He was an expert shot and kept himself con- stantly in practice. One day in Novem- Der, 1854, he and Kewen had war of words in saloon because of a ruling in case in which Kewen was concern ed. Kewen slapped Judge Woodliff's face. The judge tried to draw pistol then and there, but was prevented. Kewen made immediate apology for his nasty act, but the judge declined to ac- cept it. He said that he had defended his life too many times on the field of honor to take verbal apologies from any man. Then Kewen said he would write humble apology for his act and would publish it or give it to the judge. That offer also was declined. The same eve ming Judge Woodliff challenged young Kewen to "a duels and the challenge was accepted. .sH4
 The scene of the combat was near Oakland, where there are now some of the most beautiful suburban houses on the Pacific coast. The duelists and their seconds met at o'clock on Nov. s, 1854. The msn stood at forty paces and the weapons were navy revolvers. The terms were that the umpire was to say, Ready, fire, one, two three, four" and the antagonists were to begin fir- ing at the word fire" and to cease at the word four" Two seconds were to elapse between the words. Judge Wod- Tiff was very cool. He took off his coat and waistcoat and stood there in his trousers and shirt. As a pistol was put in his hand he tapped his left chest and smiled significantly at his second, as if to say, '"rhere's where my heart is, but Kewen will never reach it." Imms di- ately on the word fire" both men fired. Judge Woodliff leaped into the air "a foot and fell forward, while Kewen ex- citedly fired a second time without ef- feet. The judge was shot through the forehead. Public sympathy was all with Kewen, and he had only formal trial. He subsequently, joined William Walkers filibustering expedition to Mic aragua, where he was taken prisoner and put to death by the Nicaraguans.
 People who were in California forty years ago will probably never Git through talking about the excitement over the mortal duel between Rudolph Ellesler and Henry Dubert on June 10, 1855, when broadswords were the weap- OTIS and the fight lasted forty minutes. Ellesl-r was educated at the University of Paris, but ran away and b came a German seaman. He came to San Fran cisco in 1852. There he met Dubert, native of Louisiana, who had also fol- lowed the sea for a few years, having been in the Unitsd States navy. They were both about 30 years old and reck- less men. They had an altercation one everrrg while in their cups at the old Olympian saloon. Elleslsr dealt Dubert a smarting blow, knowing that he would be challenged to fight for the act. The challenge was made verbally at once and Ellesler, being the challenged man, had the choice of weapons.
 "Broadswords, and good and sharp, are the weapons. This shooting in duels is too uncertain satisfaction" said El- lesler. 7a
 Tine duel was fixed for the second day att sunset, and the scene was the bleak and barren sands near where the Cliff house and the beautiful Sutro gardens have since been constructed. The broad- swords were ground to a razor edge. The principals chose seven seconds each, according to the Italian fashion. Arriv- frg at the scene the umpire read the terms of the combat The principals were to stand seven feet apart with a broadsword in the right hand and sort of buckler in the left. Both men had been trained at sea in the Use "f the broadsword, and each had practiced with a. broadsword in the period be- tween the challenge and the duel At the word "strike'' each duellist was to approach the other and defend himself as best he could. The umpire Was to count 200, giving a second of time be- tween counts.
 At the word "strike" Ellesler and Du- bert rushed toward each other. They paid no attention ito the counting Of the umpire and fought, parrisd, lurged, re- treated and advanced with the ferocity of gladiatorS. Five minutes passed, and they were still fighting hard. The um- pire had ceased his counting. The men were evenly matched, and both were in the pink of health. Ten minutes pass ed, and the men were fighting harder. E1fesler was an adept at defending him. self, while Dubert danced about him. 1unging at every point. At the end or twenty minutes the men were dripping with perspiration. Dubert had been cut several times on the hip, and Ellesler was bleeding from slash across his chest. Not a word was spoken by uhe principals. At the end of half an hour the fighting became calmer. Dubert was cut in a dozen places, and Ellesler was covered with blood from wounds about his neck and chest. The final cut was given at the expiration of about forty minutes. Dubert was slashed across the abdomen and fell back with a cry. The seconds then ended the con- fiict. Dubert was too seriously injured to be removed. The surgeons made the man as comfortable as possible, but he died the next day. Ellesler was con- fined to his bed by seventeen cuts and slasheS for weeks.
 
 THE OLD WAY