y and
Maloney at once fled to the armory of the "Law and Order Party" on the
corner of Jackson and Dupont streets. The alarm was at once sounded on
the bell at Fort Gunnybags and in less than fifteen minutes armed
details were dispatched to and surrounded the headquarters of the "Law
and Order Party" where Terry had taken refuge, and in less than half an
hour had complete control of the situation, and by 4:15 o'clock in the
afternoon Terry and Maloney and the others found there had been taken to
the Committee rooms as well as the arms (a stand of 300, muskets) and
ammunition. About 150 "Law and Order" men together with about 250
muskets were also taken from the California Exchange. Several other
places were raided and stripped of their stands of arms.
Terry was held by the Vigilance Committee until August 7th and charged
with attempt to murder. Mr. Hopkins recovered and Terry, after a fair
and impartial trial, was discharged from custody, though many were
dissatisfied at his dismissal and claimed that he should have been held.
Terry was requested to resign and resigned his position as judge of the
Supreme Court.
Duel Between Terry and Broderick.
In 1859 Judge Terry had an altercation with United States Senator Daniel
C. Broderick which caused the former to challenge the latter to a duel.
This duel which was with pistols was fought September 13, 1859, near
Lake Merced, near the present site of the Ocean House. It resulted in
Broderick's death, whose last words were, "They killed me because I was
opposed to a corrupt administration, and the extension of slavery."
Terry was indicted for his duel with Broderick, as it came in conflict
with the State laws. The case was transferred to another county, Marin,
and there dismissed. During the Civil War Terry joined the Confederate
forces, attained the rank of Brigadier-General, and was wounded at the
Battle of Chickamauga. At the close of the conflict he repaired to
California and in 1869 located at Stockton and resumed the practice of
the legal profession. Some years later he became advocate for a lady who
was one of the principals in a noted divorce suit. Subsequently she
became his wife. Legal contention arising from the first marriage caused
her to appear before the Circuit Court held in Oakland, over which
Stephen J. Field, Associate justice of the United States Supreme Court,
presided.
Terry and Field, Shooting of Terry.
In open court the justice proceede
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