California 1849-1913 | Page 9

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 seated. Nagle, the guard who attended Field, leaped to his feet and shot Terry twice. Terry fell and died instantly. This event occurred on the 15th day of August, 1889, not quite thirty years from the time he shot Broderick.

Hetherington and Randall.
On the evening of July 24, 1856, the Vigilance Committee had another case on their hands which called for immediate action.
Joseph Hetherington, a well-known desperate character with a previous record, picked a quarrel with Dr. Randal in the lobby of the Nicholas Hotel. They both drew their revolvers and shot: after the second report the doctor