The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-19

States Senator David G.. Broderiok and
David S. Terry, who resigned his position
as Chief Justice Of the Supreme Court Of
| California In order to challenge his opponent
/ 10 mortal combat. To summarize the
causes which led to this encounter IL Is
enough 60 say that as champion OF free
labor Senator Frederick so increased the
/ slavery element of the Democratic party
during his strenuous career that his life
was demanded as sacrifice. Judge Terry
| was known far and wide as typical fire.
eater: Senator Broderick had resorted TO
I the field Of honor in 1852, in the settling of a
( dispute with ]. Caleb Smith OF San Fran
/ cisco. in which his watch stopped q bullet
whose unimpeded course would have re-
suited fatally.
On the oath OF June, 1850 in the presence
/ Of an Englishman-D. ". Perey- Senator
Frederick, in a moment Of irritation stated
that he had regarded Judge Terry as the
only honest man holding judicial Office
but he had been obliged to change his
opinion. Perley promptly sent challenge
| to the Senator which he declined on the
ground that. as a foreigner. Perley had no
political rights TO jeopardize 10y the act OF
duelling. Perley's attempt to entangle
the Senator in an encounter was another
proof to the latters friends that there was
a deep laid plot TO murder their beloved
leader. AT last, in September, lS5N' came
the eliminating attack in the form OF
challenge from Judge Terry, who declared
by the Senator in the presence OF Periey.
There was no alternative TO which Broderick
could resort. and accordingly the arrange
ments were made for meeting near Lake
MERGED.
On the morning OF Sept. 10, 1859, a large
number OF vehicles were seen 70 leavs the
San Jose road near the county line and con-
verge in a little valley which drained into
the southeastern end OF the lake. The
occupants of these conyeyances were
at. 10 tar
i'll their respective principals for the meet
ing upon the field of honor Of United
States Senator and Supreme Court Justice
of the State of California was naturally OF
utmost Importance. Shortly after o. clock
that fresh September morning the principals
and their seconds arrived at the appointed
spot. Mr.. Frederick was attended by
Nessrs MoKibben and Coulter, his seconds,
and Dr. Loehr. his surgeon. Judge Terry
was accompanied by Thomas Hayes.
prominent San Franciscan. and Calhoun
Benhnm. while DR., Hammond, a frequent
participant in affairs of this nature. served
At Gas o'clock Mr.. Coulter asked the
usual question. Are you ready?"
Ready Judge Terry eagerly answered,
repeated the word. Then followed, Fire,
Senator Broderick swiftly moved his
weapon upward, hut before II had moved
many degrees from the perpendicular 1t was
discharged into the ground, owing TO the
| extreme sensitiveness Of hair trigger.
Just before the command Stop" was given.
| Judge Terry covered his enemy and fired
! with n most deliberate aim Clasping his
| hand to his right breast. Frederick
reeled and fell TO the ground. DR.. Ham
| mond's services were promptly accepted,
! but after his removal to the home OF his
! friend. Leonidas Haskell. he steadily sank
! until death ended his sufl erings on the 10th
OF September.
Judge Terry attempted TO escape from the
Safe, but was arrested, and succeeded IN
obtaining change 81 venue TO Marin
county where, during the following year, he
was released after trial.
About the last words Of the dying Senator
were. They killed ne because | WAS OPP
posed to the extension OF slavery and cor
OF San Francisco has the death Of public
man been 80 deeply incurred. The city was
draped in black, and the obsequies OF the
departed statesman were Of a most impress
sive character
strong wave OF popular sentiment
threatened for the time to abolish the pIac-
tioe Of duelling in California. but the Doug
las Democrats were destined to sacrifice
another Of their best and brightest
In the spring Of 1881 the Legislature then
in session was a bedlam Of internal dissen-
sions The secessionists were struggling to
their utmost 10 win over the State of Cali
fornia 20 the Confederacy; but the loyalty
of the Democratic followers Of Senator
Douglas succeeded, with the Republican
members. in holding the balance OF power
Prominent among the Douglas Democrats
in the lower house was c. w. Piercy OF San
Bernardino county. Though only rs years OF
age he had, previously to his election TO the
Assembly, served as the Sherit OF the
county and was considered as the possible
successor to the late Senator Frederick IN
h.. ii reI in no
same degree of fearlessness and fought for
the furtherance OF the same objects as his
ilustrious leader
Fmbittered by defeat, the seoessionist ele-
ment turned it's venom upon Percy, their
abuse eliminating in public expression Of
contempt for the young loyalist by Daniel
Showalter who represented Marlposa
county. Showalter was Pannsylyanlan
by birth but secessionist by his affiliations,
AMI noted hreeater by reputation.
Mr.. Percy, at the close OF the session,
considered his honor at stake, and sent his
aggressor a challenge, which Showalter
promptly accepted, and the AFFAIR was
scheduled for the morning of May rs, 1881
TO take place on the ranch OF CharIes ..
Fairfax, at distance Of some three miles
westerly from San Rafael. Mr. Piercy chose
as his seconds Senator Watkins and Sam
Smith, his surgeon being DR.. Wake Briarly.
MIR Showalter was favored by Assembly
man Laspeyre Of San Joaquin county and
Thomas Hayes and DR.. Hammond, the latter
having gained prominence as the second
and surgeon Of Judge Terry.
On the previous evening Showalter and
his friends left the city on the Petaluma
boat. disembarked at the Embarcadero and
proceeded 70 San Rafael where they spent
The night at the Hotel Marin.
Percy, with his friends, crossed the bay
leisurely on sailboat, which drifted up with
the tide toward San Quentin.
1t was generally believed that Showal-
ters friends would never permit Mr.. Percy
to leave the ground alive II he succeeded in
staying his enemy, and SO number OF the
officials of the penitentiary accompanied
Mr. Percy TO the rendezvous the next morn
ing TO see that he got square deal, says
Archibald McAlister. well known pioneer
resident and legislator Of Marin county, who
was member of Piercys bodyguard. Mr..
McA lister. who has long held responsible
position in the United States Mint, and
Thomas Rodgers Of San Francisco are the
only living witnesses of his duel. and both
went TO the spot prepared to enforce fair
play. AS a mere formality, the Sheriff Of
Marin county arrested Mr.. Snowalter, re-
leasing him few hours later, IN time Tor
him 10 return 20 the meeting place,
The exact spot where this duel was
fought il marked by two magnihcent OAKS,
situated in q field few hundred yards
southeast OF the old Fairfax house. Ihls
early ranch house was occupied at that time
by DR.. A. W. Taliaferro but at the present
date il il known as Pastori's. These oaks,
which are noted for their great beauty, have
a double charm, for about them hangs this