California 1849-1913 | Page 9

7th Sherman tendered his resignation as
Major General, claiming that no plan of action could be determined
upon between himself and the Governor. The action taken by the
Governor in this move was by virtue of the constitution of the State, his
duty to enforce the execution of the laws, he claiming that the
Vigilance Committee had no right to arm and act without respect to the
State laws.

Terry and Hopkins Affair.
On the 2nd of June, 1856, the city was in great excitement at an attempt
by David S. Terry to stab Sterling A. Hopkins, a member of the
Committee. Terry was one of the judges of the Supreme Court.
Hopkins and a posse were arresting one Rube Maloney when set upon
by Terry. Hopkins was taken to Engine House No. 12 where Dr. R.
Beverley Cole examined and cared for his wound which was four
inches deep and caused considerable hemorrhage. The blade struck
Hopkins near the collar bone and severed parts of the left carotid artery
and penetrated the gullet. Terry 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 proceeded to read the decision. As he
continued, the tenor was manifestly unfavorable to Mrs. Terry. She
suddenly arose and interrupted the reading by violently upbraiding
Field. He ordered her removal from the judicial chamber. She resisted,
and Terry coming to his wife's assistance, drew a knife and assaulted
the bailiffs. He was disarmed, and together with his wife, overpowered
and secured. The court of three judges sentenced Mrs. Terry to one
month, and her husband to six months imprisonment, which they
served in full. Justice Field returned to Washington, and the next year
in fulfillment of his official requirements came again to California. He
had been informed that Terry uttered threats of violence against his
person, and therefore he was accompanied by a man employed by the
Government to act in the capacity of body-guard. On the journey from
Los Angeles to San Francisco, Field and his companion, with other
passengers, left the train to lunch at Lathrop. Terry and his wife, who
had boarded the cars en route, also left the cars and shortly afterwards
entered the same restaurant. A few minutes later Terry arose from his
seat, walked directly back of Field and slapped or struck the venerable
justice on the face, while he was