Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-01-05

lex ana Judge David $. Terry, died
last week, says the Los Angeles (Cal),
special correspondent OF the Chicago
Inter Ocean This fact, coupled with
the fact that Daniel ORanertN "a
wealthy gold minor In Utah and a close
friend OF Senator Broderick when ne
lived IN New York city recently be-
uueathed several hundred dollars for
the purpose OF erecting a suitable stone
20 mark the spot where Frederick fell
has caused renewed interest IN Califor-
mia I'M the most famous important ana
dramatic duel ever fought on the Pa
Cliic coast
Ofall duels that have occurred in this
state none compares nCeepinterestand
historic importance with the Frederick
Terry affair Many eastern tourists in
California every winter drive out a
dozen miles Or So from san Francisco
solely 90 look upon the SPOT where
Senator BrOderick Wus mOrtally wound
Cd The result OF the duel was felt
In Pacific coast politics and society Tor
generation The death OF an anti
slavery man Ike Senator Broderlck at
the hands OF a pro-slavcry advocate
was the prime factor IN r0usIng the
latent abolition sentiment Of the coast
and did much toward Keeping Califor-
mia I'm the union during the ciyil wal
which opened eighteen months later
The duel took place on september ~,
1853. at ranch owned by William Hig-
gins and known as the Laguna MERGED.
I'm San Francisco county, two miles
from the bay shore Senator BrOderlck
was a handsome. dashlng young man,
strong debater and a popular orator
Few political leaders have ever been 80
idoized by their followers. lie was the
head and front OF the stephen a. Doug
las Democrats In California He was
the son OF an Irish stone cutter and
was born IN Washington IN 1920 His
father worked upon the marble columns
I'm the United states Senate chambers
close 90 where the son HfterWard sat
rs the youngest member OF the Senate.
Frederick was a well known orator and
politician I'm New York city before he
was thirty, I'm the days Of the volunteer
fire departments David S Terry was a
former chief Justice OF the supreme
court Of California, tall. silent proud
man from Mississippi. He was scholar
~ and rich He had been the leader OF
the Democrats Of California until
young Broderick appeared The Demo-
Gratis In the new State who had come
10 1uDIQIUld lIbUA npIAutiH NAuAfN
focked about Broderlok, and the Demo,
Gratis from the south were In Judge
Terry's wing OF the party.
Senator Broderick voted az Washing
ton IN 1858 against the admission Of
Kansas as a State under the Lecomp-
ton constitution, and he took In that
Congress a stll stronger stand with
the anti-slavery Democrats The
enmity 81 the BroderlCk and Terry face
lions became deeper In July 1859
Judge Terry, in a Democratic state
convention az Sacramento, denounced
Broderick's course IN the Senate, and
called him In public speech an arch
traitor, who led a band OF cuthrOat
Democrats, who took the honorable
name OF Douglas TO hide their shame
The speech was reported IN the Sac
ramento Union Senator Frederick read
u as he sat at breakfast az the Inter
national hotel In San Francisco few
mornings later He suddenly turned
and said 20 ID. W Perley, q We'll known
lawyer and friend Of Judge Terry:
II see that your friend Terry has been
abusing me again He's made con-
temptlble speech at Sacramento about
me and my associates / now take back
the remark l once made that he was
the only honest judge on the supreme
bench. | was his friend when he was
In need OF friends, for which ! am sor-
ny Had the vigilance committee dis
posed Of him as they did Of others they
would have done a righteous act
Broderick referred TO the arrest OF
Judge Terry In the summer OF 1856. BY
the San Francisco ylgilants on the
charge OF stabblng q policeman In
mobs attempt 10 free murderer
named Maloney In his efforts 70 es-
cape Punishment from California Judge
Terry brought Masonic and family In
fluence TO bear on the court OF the vigil
lance committee.
Mr. Perley resented Senator Brod-
erick's remark about Judge Terry. ~
shall inform the Judge Of the language
you have used about him" said perley.
Frederick replied DO 80. | wish
H.
II want to say that you would not
dare TO speak thus TO Judge Terrys
face said Peril
At which Broderick laughed and said.
Ironically. Would not dare. would not
dare!"
The breakfast was finished In silence.
ana when II was over Perley met Bro
derrick In the lobby Of the international
hotel and challenged him 10 q duel In
behalf OF his friend. Judge Terry
"Broderlck turned curly away with
the remark "Sir, / would have you
know that l fight with men OF my own
position
The duel was not arranged until the
following september. Judge Teuys
friends were Calhoun Benham, a promi-
nent San Francisco lawyer: =. N.
be
Thomas Hayes. state treasurer. Bro
dericks friends We're Congressman Jo-
seph G.. McKibbeu. Daniel G.. Cotton
and LeondIas Haskell On former secre-
tary Of state Of California II was ar
ranged that Terry and Frederick
should meet at a group OF live oak trees
on the boundary line between san
Francisco and San Mateo counties.
Some friends Of Senator Brodcrick.
fearing the result of the duel because
Judge Terry was an acknowledged pis.
t0l expert In California. secretly Inc
formed the chief OF police OF San Fran
cisco about the duel 4 squad OF no.
llcemen descended upon the scene OF
the preparations and arrested Terry.
Broderok and their seconds
A second place Tor the meeting was
fixed upon-a meadow upon the foot
mus on Alr AdENuA lhNiNt Twelve mites
southeast from san Francisco. Here the
two met ON September H. 1889 Terry
and Broderick faced each other az 6.s3.
The umpire. ID C. Calhoun. stepped out
from group Of spectators and called
slowly out.
Gentlemen. make ready. Are you
ready?"
Terry answered at once. Ready"
Broderick switched the skirts of hls
coat away from his knees and then
said. II am ready
There was an intense silence for a
few seconds Mr. Cotton said. Fire
onel"
The words had scorcelv uasscd the
umpire'c lIns when Brodercts pistol
was discharged and a second later Ter
rvs weapo9 was fired A hlt ~ dust
about twenty a. from him showed
whore Broderick's bullet had gone. The
weapon bad been discharged I'M perfect
line with Terry but the trigger. nee
markedly fine hair trigger had been
pressed a tribe too firmly To this dav
IN California II Is moOtod question
whether Broaericks weapon had NOT
been doctored SO ne 90 render 10 cy-