Rediscovering the Peninsula: The Terry-Broderick duel with pistols

Over time, rules were set up that would ensure the offender would have a chance to defend himself decently. The challenge could even be called off or the men could agree not to aim. If one member of the group was killed, it was not considered murder and sometimes the victor of the duel became a hero. If these facts are to be believed by a researcher of dueling, during the reign of Henry IV, more than 4,000 French aristocrats were killed in duels “in an 18-year period.” The 20 years of Louis XIII’s reign saw some 8,000 pardons for “murders associated with duels.”

In the late 18th century, the duels were conducted with dueling pistols.

David C. Broderick, born in Washington in 1820, of Irish parents, favored the northern attitude of no slavery. After moving to New York, he became absorbed in politics of the type dealt out by Tammany Hall politicians. He had great native ability and tremendous powers of leadership. He was very excitable and sometimes lacked good judgment at times. He became a Tammany Democrat and became adept at all of the tricks of corrupt politicians. After being defeated in the race for a seat in Congress in 1846, he sold his business and moved to California in 1848. It wasn’t long before he was immersed in the local political scene. He was elected state senator and served briefly as lieutenant governor of California.

The Democrats were divided into two groups in California due to the advent of the Civil War. Those favoring slavery were called Lecompton Democrats and they could become very angry and aggressive when the topic of slavery came up. Broderick, while at the Capitol, began to speak out about slavery and upset and antagonized many of the Congress.

Judge David S. Terry was a proslavery Southern from Tennessee and became a bitter enemy of Broderick after his speeches on slavery. He began to attack Broderick in his speeches and in the newspaper. Broderick was infuriated and a battle of words went on until after the election of 1859 when Terry challenged Broderick to a duel. Broderick was backed into the corner and had to do it.

Sept. 12, 1859, was the day of the duel that was to be held near the border of San Francisco and San Mateo County. When Monday arrived, the duel that was illegal in these counties was stopped by the sheriff who arrested the two participants. The arrest was nixed by a local judge who said there was no misdemeanor committed and they were released. The “field of honor” was an out-of-the-way place who few knew of and many of the 20 buggies and 67 spectators that arrived were late due to the fog and bad roads.

What followed was short of a farce. The pistols were chosen by Terry and they were considered to be hair triggers. Broderick was not familiar with pistols and discounted this information as he did not know what it meant. Pistols were now ready and held hanging beside the legs of the men. The two men faced each other and the second asked them if they were ready. “Yes” came the reply. “Fire, one, two!” pronounced the second. Immediately, Broderick began lifting his pistol and it fired before he lifted it 1 foot, ready to fire. Immediately Terry lifted his pistol, aimed and fired. The shot hit Broderick and he grabbed his side of his chest, reeled and fell down.

Broderick died three days later. At the funeral in Portsmouth Square, 30,000 people attended.

Judge Terry was tried in Marin County for manslaughter but the charges were dismissed.

Rediscovering the Peninsula runs every weekend. It is compiled through our archives created by Jim Clifford and the late Darold Fredricks.