Three San Francisco Homicides
Moment of Truth: 4. The Duel
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Moment of Truth
4. The Duel
Letter from Mrs. Terry to Calhoun Benham:
My very dear Mr. Benham:
I’m in considerable distress on account of my husband, and am turning to you as a Southern gentleman and as an intimate of Dr. Gwin.
Judge Terry had determined to challenge Mr. Broderick months ago, when he first learned of the remarks he made against him in the presence of Mr. Perley. He was prepared to act at once, but chose to honor Mr. Broderick's refusal to consider any challenge until after the election.
My husband had not spoken on the subject further, and I hoped, and even came to feel assured, that he'd abandoned his intention, especially in light of the election and the broad anticipation that a duel between both senators was in the offing. But I now discover to the contrary. My husband fears he may be deemed a coward if he lets Dr. Gwin "cut in ahead of him," as he expresses it. He will be leaving Sacramento in the morning bound for Oakland where he will stay with his old friend Jim Francis, and where he plans to send his challenge in to San Francisco.
I am terribly alarmed, as you can very well imagine. Mr. Broderick is acknowledged as a first class pistol shot. Judge Terry is not used to pistols. He has always used a rifle for a firearm, and his personal defense is with a Bowie knife. If he challenges the Senator, Mr. Broderick will have the choice of weapons, and I must greatly fear my husband will not leave the field alive.
I’m therefore pleading that you intercept Judge Terry when he gets to Oakland and persuade him to abandon his intent. The incident that caused the trouble was not greatly serious and is no longer much remembered, and to let the matter pass will surely not impact my husband's honor at this point. If you alone cannot convince him, perhaps you can bring Dr. Gwin. Judge Terry might well bend to an appeal by that great gentleman upon a matter where he has important interests of his own.
Please reply at once so that I know you have received this letter and can feel assured that you will act as I request.
With deep appreciation,
Cornelia Terry
* * *
Calhoun Benham and Senator Gwin in Gwin's rooms in San Francisco:
Gwin:
You just received this?
Calhoun Benham:
Less than half an hour ago. If Terry gets to Oakland by tomorrow afternoon, he could get a challenge into Broderick's hands by evening.
Gwin:
I hadn't thought of this at all. Perhaps I should have, but I didn't.
Calhoun Benham:
Nor did I, sir.
Gwin:
You can get to Oakland before he does. There'll be time to cut him off. Do you think that I should come?
Calhoun Benham:
We may not want to cut him off.
Gwin:
I don't follow you. This is my fight now. Not his. I'll look a fool if I should let him cut in front, to use his language. This minor insult at a breakfast table is a ridiculous distraction when compared to the gigantic issues we are facing.
Calhoun Benham:
You are a gentleman of dignity and honor, Senator, and so it will be difficult for you to hear what duty tells me I must say.
Gwin:
Go on, sir.
Calhoun Benham:
We owe a duty to the Southern cause that much transcends our personal requirements. You are essential as our leader in this state and as our agent in the U.S. Senate. Judge Terry, great man and ideal Southerner though he is, is not essential. The Chivalry must protect your life ahead of his. You must yield your sense of honor to our greater needs.
Gwin:
I need time to think on this.
Calhoun Benham:
There is no time. I must leave soon if I'm to be in Oakland when he gets there. I need to honor Mrs. Terry's plea that I should speak with him, regardless what I end up saying. I already wrote her back to say that I'd received her letter and would go.
Gwin:
Will Broderick accept a challenge from Judge Terry? He's made pretty clear that he'll decline a fight with anyone but me.
Calhoun Benham:
That was undoubtedly his intention, and everyone so understood it. But his specific words were that he'd only contemplate a challenge from a peer. Most people would consider the chief judge in California to be a peer of any U.S. Senator. So I'm not sure he could refuse to fight with Terry on those grounds. We'll have to see. In any case, I'm certain he'll be quite as shocked as we are to find Terry butting in.
Gwin:
You're hoping Terry kills him so that I don't have to face him? How probable is that? And how will I come off if I allow him to fight Broderick in place of me?
Calhoun Benham:
I can fairly say that I have more experience with dueling, and greater knowledge of the code, than almost any gentleman in California. I know that anything can happen on the field of honor, especially if Terry lets me be his second. I already have some good ideas which I'll share with you as needed. And as for how you may come off if you let Terry have priority, his claim to being first in line is credible and you would not be thought dishonored if you yielded. But even if it cost you in some people's eyes, it's worth it to protect your life in any way we can. In fact, it's worth it even if Judge Terry falls.
Gwin:
Care to explicate that point, sir?
Calhoun Benham:
You've fought a duel before, but never killed the other party, or even wounded him. Neither man was hit when you fought Congressman McCorkle. But I assure you, speaking from experience, it takes a great deal out of one to kill a gentleman upon the field of honor. Broderick's in failing health. He was terribly worn out before this last campaign, and now he's obviously shattered, mentally and physically. It will cost him a great deal to fight with Terry, even if he kills him, and he'll be in much the worse condition if he has to fight with you immediately after. We must exploit that opportunity. And he would face a lot of criticism that might depress him or consume his energies. His differences with Terry are merely over angry words and could be easily resolved with some diplomacy. So there'll be many who will blame him for an unnecessary duel in which he has such great advantage in the choice of weapons. In fact, the biggest problem I anticipate is that both men may be willing to compromise the issue with some clever language so that Broderick can get to fighting you directly.
Gwin:
I could see how that could be.
Calhoun Benham:
Let me handle everything. I'll find a way to make sure neither man backs down. But don't tell Terry that we've talked. Do I have your confidence?
Gwin:
Just keep me posted.
* * *
Judge Terry and Calhoun Benham in Oakland:
Terry:
My wife says here that you should ask for Dr. Gwin's assistance. Have you shown the Senator this letter?
Calhoun Benham:
No, I haven't. Of course I had to honor her request to come and see you, regardless of your ultimate decision. None of us in San Francisco knew you planned to challenge Broderick, especially as Dr. Gwin was now prepared to do so. But should you choose to go ahead, I assume that he will yield to your priority, given when the insult first took place. The Senator is a gentleman in all respects, but particularly in such affairs.
Terry:
My wife is plainly even more alarmed than I expected. Broderick's reputation with his pistol seems exceedingly well known.
Calhoun Benham:
He's been making it a public show for years. It's been essential to his image. But shooting in a gallery is hardly the best measure of a duellist.
Terry:
He's a fighter. I would not pretend he isn't.
Calhoun Benham:
Dueling is a special kind of conflict, Judge. It takes a certain kind of courage. Not everyone who is a fighter, as you put it, has that special kind of courage, that specific kind of self command. This is entirely your own decision. I dare not interfere with it, regardless of how greatly I respect your wife. But should you choose to challenge Broderick, I hope you will accept me as your second and adviser.
Terry:
My wife's fears are most important to me, sir. I must attempt to see if we can settle this dispute without a challenge, for Mrs. Terry's sake. If we can't, then I'm prepared to go ahead. And I'd be honored to accept your counsel in this matter. If I prepare a letter now, will you present it as my representative to Broderick?
* * *
Letter from Judge Terry to Senator Broderick:
Hon. David Broderick:
Some months ago, you made remarks around a breakfast table that were personally offensive and demeaning to my reputation in the ears of some important San Franciscans. In the hope that you regret these statements, made perhaps in anger, I am asking that you now retract them publicly. I am taking this first opportunity to approach you on this subject now that the election has concluded, that being the occasion you yourself have set to start receiving such communications.
Please deliver your reply to Mr. Benham, whom I have authorized to represent me in this matter.
Yours truly,
David Terry
* * *
Senator Broderick and Calhoun Benham in Broderick's San Francisco rooms:
Calhoun Benham:
Does this surprise you, Senator?
Broderick:
Yes, it does. It's late at night and I will have to think about it in the morning. Can I get back to you tomorrow?
Calhoun Benham:
Judge Terry will not rush you. But there is someone waiting right behind him who is anxious to proceed.
Broderick:
Is Gwin aware of this from Terry?
Calhoun Benham:
I can't say. I only know that he's been waiting for his opportunity, and that he's never spoken of the possibility that Judge Terry might act first. So I assume that it has not occurred to him.
Broderick:
Then we're in the same position, as it had not occurred to me. I hardly need explain to you the large significance of this development. I must consult with my close friends. And if, in fact, you really have not talked with Gwin about it, perhaps you’d better. I would have thought he'd never let another man fight in his place.
Calhoun Benham:
Judge Terry is not seeking to displace the Senator. He's responding to a wholly personal affront, in defense of his own honor. He is in no way representing Dr. Gwin.
Broderick:
You'll hear from me by noon.
Calhoun Benham:
I'm much obliged, sir.
* * *
Broderick with his two most intimate advisers. Col. Butler, his chief of staff, and Congressman McKibben, his Congressional ally:
Rep. McKibben:
If this were really a Chiv plan to protect old Gwin by sticking Terry out in front of him, I can't believe that they'd be sending such a message. It's obviously feeling out a peaceful resolution.
Broderick:
You think that I should come to terms with him?
Rep. McKibben:
I see absolutely nothing good for you in fighting him about so trivial a matter. His death would be condemned if he made fair attempts to settle and you rebuffed him. The public sees the matter pretty clearly. He made an ugly speech at the convention, but his attack was entirely political, and thus fair game in an election. You were justifiably inflamed because you had supported him when he was in the clutches of the Vigilance Committee, even though he is a Chiv. People understand why you were angry, but you spoke recklessly and said some things you maybe shouldn't have about his honesty that could not fairly be connected with the contents of his speech. Many will believe this should be settled without violence. You retract your charges of dishonesty. He concedes that you had reason to be angry in light of the support you gave him when his life was threatened by the Vigilantes. The resolution is self-evident, and he's inviting it by asking for retraction, instead of challenging right now.
Broderick:
You see it that way, Colonel?
Col. Butler:
Not exactly. The Congressman may have it right, but I'm not entirely convinced that this is not a trick by Gwin. The man is ruthless and it's completely possible that he is using Terry as a shield.
Broderick:
What's the advantage?
Col. Butler:
Well, there's always the small chance that he could kill you because duels don't always end up as expected. But that's not likely what they're thinking. I'm guessing that they hope that you'd be weakened when you face with Gwin because you'd just been through a duel and killed a major public figure. It's not ridiculous to think that it would harm your nerves, especially if there was public condemnation. Gwin needs every possible advantage if he's to walk away from you alive, and they are vitally aware of that.
Broderick:
So you think they may be using Terry? And that he doesn't know he's being used?
Col. Butler:
Calhoun Benham is Gwin's right hand man. It's simply too suspicious that he's representing Terry.
Broderick:
Yes. It's pretty murky. The letter is at least pretending to be looking for a way out of a fight. But Benham being involved is just too curious. I need to answer him by noon. I understand there may be valid reasons to make up with Terry, as he seems to be inviting it. But I'm also worried about sending the wrong message if it turns out that he's really challenging for Gwin, knowingly or otherwise. We need more time to figure it all out, so I'll come up with something noncommittal that will thrust the matter back into his corner.
* * *
Letter from Senator Broderick to Judge Terry:
Sir:
I received your letter of last night, delivered to my hand by Mr. Calhoun Benham. It's been some months since the incident that you complain of happened and I no longer feel that I can properly remember what was said. Would you please specify the language you complain of and which you ask me to retract?
Yours truly,
David C. Broderick
* * *
Judge Terry and Calhoun Benham in Oakland:
Terry:
I'm entirely confused by this evasion. It doesn't sound like Broderick at all. What do you make of it?
Calhoun Benham:
It's patently absurd for Broderick to pretend he can't remember what he said. Everybody else does because Perley's letter made the San Francisco papers. He seems merely to be punting back to you.
Terry:
But why?
Calhoun Benham:
I must tell you something, Judge, that perhaps you don't completely understand. You know that Dr. Gwin intends to challenge Broderick himself.
Terry:
Of course. That's why I want to get my challenge to him first.
Calhoun Benham:
Senator Gwin's challenge is not driven by a personal affront, as yours is. He is acting for the Southern cause. Our common cause.
Terry:
Conceded.
Calhoun Benham:
Because you, yourself, are such a noted Southerner, it's natural for the public to believe that you're prepared to challenge Broderick in order to protect our Dr. Gwin. That's not unreasonable, especially because your stated motive over what he said at breakfast may not seem serious enough for mortal combat.
Terry:
Are you saying, sir, that people think I'm doing this for Gwin and for the Chivalry, and not for my own honor? Then why would I be inviting any settlement?
Calhoun Benham:
Because the public can't believe that Broderick would ever make a serious apology about his language to a "Chiv." They'll think it's only formal manners on your part. A mere charade to put the blame entirely on Broderick when he refuses to apologize.
Terry:
This is absurd.
Calhoun Benham:
Perhaps. But you have pushed yourself into a situation, perhaps unwittingly, where there are many factors in the public mind you can't control. I feel for your concern about your wife, but you may find you can't avoid a duel. Broderick is reading the exact same public sentiment. Even if he knows your motives are completely personal, he also knows the public will believe that you are standing for our cause and are prepared to risk your life for it in place of Gwin. That will make it difficult for Broderick to settle with you. He's already decided that he won't evade you on the pretense that you're not his peer politically, or he would have raised the issue.
Terry:
This is all too much for me! If Broderick is not prepared to settle, why did he write me this instead of just refusing.
Calhoun Benham:
I'm not absolutely sure. My best guess is that he's thinking how it all will play out afterwards. He's pretty certain he can kill you, and may worry that he'll be condemned for rushing to a duel where he's perceived to have such great advantages.
Terry:
You mean with weapons?
Calhoun Benham:
Yes. So he's giving you a step to back away, as a formality.
Terry:
Do you agree that it's so certain that he'll kill me? I concede I'm not much good with pistols.
Calhoun Benham:
If you let me be your second, I believe you'll have an equal chance, and maybe even better. I'll explain this later, because right now you have to come up with an answer.
Terry:
I understand what you are saying, but my wife comes first with me, above even my most sacred duties to the Southern cause. For her sake, I must make a final effort to avoid a fight, to the full extent consistent with my honor.
* * *
Letter from Judge Terry to Senator Broderick:
Sir:
You have asked me to detail the language that you used that I object to. You spoke of me as being a "wretch" and as dishonest on the Bench. But whatever the specific words, what I require is a statement of regret for anything you may have said reflecting on my honor as a gentleman.
David S. Terry
* * *
Senator Broderick with Congressman McKibben and Col. Butler:
Rep. McKibben:
This answer sounds like Terry's trying to make it easier to settle. You don't have to take back any special language. All you have to do is to regret reflections on his gentlemanly honor. That's not very much to ask under the circumstances.
Col. Butler:
I smell Calhoun Benham's hands all over this. They want a fight, but they want to make sure you are held responsible by seeming to be reasonable themselves.
Broderick:
This is tricky, but I'll tell you what I'm thinking. I know Terry well enough that I can easily believe that he's not really acting on behalf of Gwin. That he's only thinking of his honor, and will settle if I'm willing to accommodate. But I'm also thinking Benham's pressuring him to fight, and telling him the Chivalry expects it. That having started up this business, he'll be thought of as a coward or a traitor to the Southern cause if, after jumping in ahead of Gwin, he backs down with a settlement. That's going to work with Terry. The opinion of his fellow Chivs means everything to him.
Col. Butler:
There's no more time to kick this back and forth. You'll either have to give him the apology he's asking, even in these general, less compromising terms, or he'll have to issue you his challenge.
Rep. McKibben:
It will be very tough to be perceived as spurning such a reasonable offer.
Col. Butler:
I hate to argue with the Congressman, but I've been out there on the street. Everybody's waiting for Gwin's challenge and are wondering why it hasn't happened yet. Now they're hearing about Terry jumping in, and they're assuming that he's acting on behalf of Gwin and for the Chivalry.
Broderick:
Our exchanges have been private.
Col. Butler:
I'll bet you anything that Calhoun Benham's leaking all this out. All my instincts tell me that he's trying to push Terry to a fight by making all the Chivs believe the Judge is acting in defense of Gwin. Heroically stepping forward and risking his own life to protect Gwin in the interest of the Southern cause. Whatever Terry's real intentions, he's now understood to be the self-appointed Southern champion against us. I don't see how you can possibly settle with him now without appearing to look weak against the Chivs. We've just lost a big election. If we have any chance at all to hold on to our followers and stay afloat, you cannot risk evading any challenge from a Chiv. Your entire political career is based on never backing down. You've told me that a hundred times. In victory a man can easily be generous. But after our defeat, and with the chance that all our friends will bolt to the Republicans if you're perceived as less than willing to engage a Chiv in combat, I don't see that you have any choice. You've got to prove you've still got fight in you. That you're not beaten and are still The Chief.
* * *
Letter from Senator Broderick to Judge Terry:
Sir:
The remarks I made that troubled you were in response to an address you gave at the convention in which you spoke of me in most offensive terms. Upon reading of your speech, I expressed my disappointment at your language in the light of all my efforts to defend you from the Vigilance Committee when your life was much in danger. I then stated that I took back what I'd said before about you as the only honest justice on the Court. You are in the best position to determine whether these remarks involve a slight upon your honor.
David C. Broderick
* * *
Judge Terry and Calhoun Benham in Oakland:
Terry:
He's trying to make me seem unreasonable, or at least to justify himself. Do you think people will agree that I am arguably at fault because he helped protect me from the Vigilance Committee? That his angry words may be forgivable, or understandable?
Calhoun Benham:
He's posturing. It's pretty smart. But the reality is that he's still refusing to apologize, and simply prodding you to back away. If your honor wasn't implicated previously, it certainly is now. The moment that you wrote him, you placed your honor on the line. You can't retreat without the clear retraction you demanded twice already just because he's trying to excuse himself by blaming your perceived ingratitude. Whatever your original intention, you now represent us all. All Southerners in California. I can't imagine how you'd live it down if our people thought that you were showing a white feather to our enemy. Broderick will holler victory, just when we had crushed him at polls. He'll look strong and we'll look weak. He'll rally his supporters who are ready to abandon ship for the Republicans. It's up to you now, Judge, to drive a stake through Broderick's heart.
Terry:
You speak as though you think that I can kill him. If so, you are the only one who seems to.
Calhoun Benham:
Yes, I think that you can kill him. And for the very best of reasons. Because you are a true gentleman and he's a New York Irish rowdy.
Terry:
I'm flattered, sir. But I don't understand your point.
Calhoun Benham:
Have you ever seen a bullfight? A real one, not the kind you sometimes see in California.
Terry:
No, I haven't.
Calhoun Benham:
I saw one down in Mexico, in the Capital, in the days after the War. The Spanish have some marvelous traditions. Any slaughterer can bring a bull down with a pole axe. But if he had to kill it with a sword, he would be gored to bloody pieces. To bring a bull down with a sword does not mean conquering the bull. It means conquering yourself. Because there's only one sure way to kill a bull using a sword. You have to trick the bull to charge and then, at the precise moment when it reaches you, the matador must take a tiny step aside and coax the bull to put his head down to extend his neck so that the man can thrust his blade into a tiny gap between his vertebrae through which the blade can piece the creature's heart. If he does this all correctly, the beast will drop right at his feet. They call the instant of this action the "moment of truth."
Terry:
Interesting.
Calhoun Benham:
Everything depends on poise. On self command. I'm from Louisiana, where the traditions of the duel are much more honored and preserved than elsewhere in our nation. The code of dueling is respected down to fine details there. It’s come down from Italian aristocracy, and thence to that of France, which is why it's so well understood by our Louisiana gentry. The only change in dueling over centuries is that the pistol has replaced the sword. The sword had always been the sole prerogative of gentlemen, and it required skills that well reflected gentlemanly virtues. Not brute strength, but poise and skill and self-command and instant judgment under stress of mortal combat. So when the gun replaced the sword, the code demanded dueling pistols, not just any gun a man might own. A perfectly matched pair. Each one very finely triggered. A gentleman must raise his pistol, aim it, and then barely touch the trigger, all in one smooth, simple motion. If you give a boor a dueling pistol, he'll misfire it because he doesn't understand the delicacy needed, and could not possibly command it even if he did more than an ape could dance a minuet. That's how you’ll drop Broderick at the moment of truth. Because you are a true gentleman and capable of mastering yourself, and Broderick is not, however practiced he may be with his revolver. In fact, the more his shooting has grown automatic with much practice, the more difficult it will be for him to even try to use a dueling pistol.
Terry:
No one out here fights duels by the book. Each man simply brings the gun he's used to. The only rule is that a challenger can choose the type of weapon. Rifles or revolvers. Why would Broderick pick dueling pistols?
Calhoun Benham:
Trust me for the moment that I can persuade him. I can get a set of dueling pistols that a friend of mine from New Orleans inherited. Extremely fine. You can practice with them in advance. I'll be your second. Take all of your advice from me and you will be the hero of the California Chivalry. The hero of our people here and in the Southern States as well.
* * *
Letter from Judge Terry to Senator Broderick:
Hon. David Broderick:
I have reviewed your letter, received yesterday, and I cannot find an offer to retract the statements I complain of. I therefore am demanding that satisfaction usual between gentlemen. Please place your representative in touch with Mr. Benham in order to conclude arrangements.
David Terry
* * *
Senator Broderick with Congressman McKibben and Col. Butler:
Rep. McKibben
We met for a full hour. Benham says that Terry understands the rights belonging to the challenged party, but makes one general request, which he concedes is up to you. Terry asks that everything be by the book, the dueling code used in the East by gentlemen. He says that he’s concerned for how a fight between a U.S. Senator and a State Supreme Court Justice will be perceived in the Atlantic States. He says that the outcome will be questioned if it looks like just another California gunfight, without all of the proprieties.
Broderick:
How will that affect us practically?
Rep. McKibben:
In some ways it's an obvious advantage for our side. Benham says there has to be a written out agreement on the terms of combat down to pretty small details, but as the challenger, you have the entire right to draft it. You present to the other side, and if they object to anything, it's up to you whether to yield to their objections. In other words, the whole arrangement's up to you, and if you stand by it, they either back down from the conflict or must go ahead on all your terms. It's kind of formal, but Benham's given me a list of all the things we must decide, like distance, choice of the positions. Things like that.
Broderick:
That doesn't seem a problem. He's likely right that people back in Washington will be more willing to accept the outcome if we're playing by these rules. I've got to think of that if I am still to be effective in the Senate after this election debacle.
Rep. McKibben:
The only issue is the weapons. There is no choice. Benham says the dueling code requires pistols.
Broderick:
That changes nothing.
Rep. McKibben:
Not exactly. You can't use your own revolver, or anyone's revolver. You must choose from a matched set of special dueling pistols. Benham says he has a set to bring for Terry and that Natchez at the shooting gallery also has a pair that he can lend you.
Broderick:
Is it a must?
Rep. McKibben:
Benham says the dueling code is made for fairness and humanity, which is why he's saying we should follow it to satisfy opinions in the East. Both pistols are identical so that neither side has an advantage. And since you're not using a revolver, each man only has a single shot, which means, unless reloading is allowed by your agreement, the duel will end after the first exchange. You can't just blast away at one another.
Broderick:
What do you think, Colonel?
Col. Butler:
Don't see right now how this can harm you. Might be good because you'll fire first, shooting from the hip the way you do. You wouldn't have survived your prior duel if he had kept on firing his revolver. When he hit you in the gut, he thought he'd killed you and stopped firing. Only later did he realize he'd hit your pocket watch and you weren't wounded. With your quick draw and aim, a one-shot game may give you an advantage.
Broderick:
If it's an advantage, then let's press it. Benham says if we go strictly by the code, then we can set all terms? They either have to take them or refuse to fight?
Rep. McKibben:
That's what he's saying. We set the distance that you stand apart and every other thing, such as the "word."
Broderick:
The signal to start firing?
Rep. McKibben:
Yes. But also when to cease. The man who gives the "word" must count aloud. He'll say "fire," and then count to three in equal seconds. You can fire during these three seconds, but not after he says "three."
Broderick:
Then let's make the limit "two." I won't need three seconds. In fact, I don't think I'll even need one second. This will put more pressure on the Judge to shoot before he's found his aim.
Col. Butler:
The three count is a standard. Never heard of only two. It will sound strange, maybe unfair, to everyone. He may very well refuse.
Broderick:
I don't like anything about this duel. If we can get him to back down without retracting anything I said, it's the best outcome, regardless what some people think about a shorter count. I don't want to kill him, and I know that I'd take lots of heat for doing so. He must know about my marksmanship already, so that added pressure might just scare him off and I can get to fighting Gwin without this terrible distraction.
* * *
Judge Terry and Calhoun Benham in Oakland:
Calhoun Benham:
I already objected to the two-count "word" on your behalf, but they're refusing to cooperate. I've never heard of anyone debating this. It's always been three seconds because no one's interest can be served by something shorter. McKibben tells me Broderick’s saying that if the dueling code provides humanity by making death less likely, then shortening the count will make it even less so because there'll be less time to accurately aim. Classic Broderick hypocrisy.
Judge Terry:
He's trying to scare me into backing down by exploiting his quick shot advantage. But I can't back away at this point, even if it isn't fair. I'll look like a coward running off because of this, especially since I'm the one who challenged. I fear for my dear wife, though. It seems he's cornered me. I was counting on your expertise to help me, Benham.
Calhoun Benham:
Then trust my judgment now. He thinks this two-count gives him an advantage. It only shows that he intends to hip shoot to get off his shot that quickly. That he doesn't understand the difference between dueling pistols and his Colt's revolver. With dueling pistols, and especially the delicate and sensitive pistols I'll provide, he won't be able to control such rapid motion. I'll prove that to you when we practice. Everything depends on poise and self control. On leveling your piece without a jerking motion and merely squeezing on the trigger gently. On capturing the moment with perfect ease and timing. Only a true gentleman can do this. This two-count only demonstrates that Broderick doesn't understand true dueling and will be charging like the bull he is. You'll be the matador, inviting him behind your cape. It will be beautiful to watch.
* * *
Calhoun Benham and Senator Gwin, in Gwin's San Francisco rooms.
Gwin:
You really think that he can pull this off?
Calhoun Benham:
I've taken things from where he's certain to be killed to where he has an equal, or at least a close to equal chance. A friend brought down the set of pistols we'll be bringing to the duel, and Terry got to practice. The first two shots went right into the ground because he'd never used so sensitive a weapon. But it convinced him Broderick might not have that much of an advantage with a gun like this, instead of the revolver that he's used to. And after a few tries, he managed to hit the target with an easy, level draw that didn't trigger prematurely.
Gwin:
Maybe Broderick had a chance to practice, too.
Calhoun Benham:
Not likely. I went down to the Plaza to see Natchez yesterday, to learn if Broderick had come to get his set of dueling pistols. He said that Broderick's second had come by to make sure he could borrow them, but didn't take them. And Broderick didn’t come down there to try them.
Gwin:
He's still got one more day to try them out.
Calhoun Benham:
I'm counting on his arrogance. Or ignorance. Judging from the fact that he made Congressman McKibben his second, a man who's never even seen a proper duel, Broderick lacks the slightest understanding of the need to practice with a dueling pistol if one’s not already skilled with them. It's the responsibility of his second to make certain that he's perfectly prepared to face the moment. Just the tiniest confusion can make the difference. And, with luck, we might just win ourselves another small advantage.
Gwin:
How?
Calhoun Benham:
McKibben should have understood that the side that wins the coin toss for the set of pistols should yield the choice of the specific piece to his opponent. He accepted without question my suggestion that the normal practice was that the winner of the coin toss won both the use of his own set of weapons and the first choice of his gun.
Gwin:
Why should this matter If the pistols are identical?
Calhoun Benham:
Because no two handmade pistols can be perfectly identical, especially as regards the trigger. And even if they seem to be identical, a shooter tends to feel a difference. When practicing, Terry felt one trigger was a little bit more sensitive, more likely to be fired prematurely. So if we can win the coin toss, and can use our set of pistols, the Judge can choose the piece he found less sensitive, and leave the other one for Broderick. This may seem small to you, but I've seen many duels decided by such things. That's why having an experienced second is crucial.
Gwin:
And if Terry doesn't win the coin toss?
Calhoun Benham:
Then we will lose this small advantage. But I assure you that the pistols Broderick gets from Natchez will have hair triggers also, because all dueling pistols do. Terry is prepared for this, and Broderick is likely not. And if we win the toss to say the "word," I know some tricks that might cause Broderick to rush his shot without deliberation.
* * *
From the San Francisco Herald:
This morning was to be the meeting of Broderick and Terry on the field of honor, but we're now informed it's been delayed.
Last night, a number of The Chief's most loyal friends attempted to convince him to settle with Judge Terry, given the trivial nature of their dispute. When they pressured Col. Butler to let them in to Broderick, they were unceremoniously barred the door. The Colonel insisted that the Senator had fixed on going ahead, that he could not be seen as backing down to any "Chiv," and that the distraction of his friends' emotional appeals could only hurt his concentration in a fight where he was certain to prevail due to his superior proficiencies.
The meeting was to be at dawn, near Lake Merced, at a spot just outside San Francisco County. But when both sides arrived, and many spectators as well, those friends who had attempted to dissuade The Chief last night appeared on the location with a warrant to arrest both men and take them to a judge in San Mateo. The charge was dueling contrary to law, under a statute that has always been considered a dead letter. But in the end, the judge released them both upon the theory that they had not yet fought a duel, and that the law could only be applied in retrospect.
The combatants are expected to return tomorrow, at exactly the same time, before an even larger crowd now that the public is more fully cognizant of the location.
* * *
From the San Francisco Herald:
Most San Franciscans have already learned about the outcome of the duel at Lake Merced yesterday morning in which Senator David C. Broderick fell with a bullet wound that pierced a lung. He is still alive as yet, but not expected to survive.
The witnesses have offered a full picture. Both men arrived at dawn with seconds and the surgeons they requested to attend. Under the terms agreed to, a coin was tossed to fix the relative positions of the duellists and for the choice of pistols. Mr. Broderick won the toss for the position, and chose a spot facing the ocean, with the rising sun in the eyes of his opponent. Justice Terry won the right to use his own fine set of pistols and the right to have his second, Mr. Calhoun Benham, speak the "word."
When Broderick took his weapon to his place, he was at visible unease. Multiple observers have reported that he seemed uncomfortable and unfamiliar with its grip and balance, turning it often in his hand. He had to be reminded to keep his arm and pistol pointed down, as was required by the terms of combat until the word to fire was spoken. Terry was relaxed in his position, merely pulling down his hat brim to deflect the glare.
As the moment of decision neared, a practice recitation of the "word" was spoken to allow both men to grasp the timing of count to "two," which was the interval agreed in which to fire. Almost immediately thereafter, the command to fire was announced by Mr. Benham, and before the count reached "one," Mr. Broderick had discharged his pistol in the ground before him. Justice Terry leveled his piece at the count of "one" and fired. Broderick fell forward and was clearly in great pain. Terry told his second that he thought he'd hit "too far outside" but was assured by Mr. Benham that his opponent had been wounded mortally. At that point, Terry and his second left the field and The Chief was placed upon a wagon to return to San Francisco. It is a testament to Broderick's famous fortitude that he survived that jolting trip of many miles in which he suffered massive loss of blood.
The most remarkable result of this regrettable encounter has been the change effected in the public. The Chief had just endured the most entire electoral repudiation of his life, and all believed that his political influence was over. Throughout the past campaign, he was the target of contempt for the majority of Democrats under the leadership of Dr. Gwin. Indeed, the two senators were expected to meet themselves upon the field of honor after Gwin triumphed in the recent canvass.
Now, suddenly, Broderick has become a hero and a martyr for the very cause our Democratic voters had so recently rejected. Col. Baker tells us that The Chief, lying in his bed of pain, informed him that "I die because I fought against a corrupt administration and the spread of slavery." Though many must believe that Judge Terry killed him on account of an entirely personal dispute, unconnected with the major issues of the nation, it’s no longer deemed appropriate to say so. As Shakespere's Caesar said about the death of Antony, "the breaking of so great a thing should make a greater crack." San Francisco’s never known a day when Broderick was not the dominant personality in public life. He won the fiercest loyalty of all his friends, just as he earned the burning hatred of his enemies. The public now seems shamed by their rejection of the man, and there's a silent recognition that only Broderick kept slavery at bay in California, as he struggled to resist it nationally in Washington. As the large majority of Californians do not incline toward slavery or its expansion, an atmosphere of deep regret concerning the election has settled in. When Broderick passes, as he must, the entire City will go into mourning for the man they failed to properly appreciate.
* * *
From Colonel Edward Baker's eulogy over the bier of David Broderick in the Plaza, before a crowd of many thousands:
"I must review some facts about the life of my good friend. Not because you do not know them, but because you know them very well. Broderick's life was our life. California's life. Above all, his beloved San Francisco's life. We shared that life that spanned the past ten years since the discovery of gold and the foundation of this City, to the time of great decision where we stand today.
"David Broderick began life as a stonemason, as his father, an immigrant from Ireland, was before him in our nation's capital. It was just that humble start that forged his greatness as a politician. He learned that, through persistence and exhausting exercise of heavy blows, one can work a piece of rock into a beautiful and lasting monument. Sheer superiority of will and a refusal to abandon any task made him a man to honor even in his youth in New York City.
"One gentleman, impressed with the young David, sought to give him a fair chance in life, not often offered to an Irishman of working class, especially in those days. He set up Broderick in a tavern, a ‘grog shop’ if you will, patronized by men of his own background. But while David poured them out, he never drank a dram himself, as he never drank at all throughout his lifetime. He used his time behind the bar to read the library of books his patron had provided him to build his mind and character. History was his obsession. The poetry of Shelley, with its bold imagination and great liberties, his passion.
"Broderick became well known and liked, and learned of politics from what was argued in his tavern. When he joined a voluntary fire company, he was immediately elected captain, and his courage in a conflagration or a fist fight with another captain became legendary. He worked his way up into Tammany. But the intrusion of a man born of the working classes was resented by too many in that famous institution of the New York Democratic Party. So much so that, when he ran for Congress, they sabotaged him, willing to allow a Whig to take the seat rather than an Irishman of their own party.
"What Broderick might have done, had not the fates stepped in, cannot be known. But fate stepped in and New York learned about the gold discovery in California. Broderick and some others left at once for the Pacific Coast, a journey that only the earliest arrivals here can possibly remember for its miseries and dangers. But before he left New York, he told those friends who would remain behind that he would one day reappear from California as its U.S. Senator. This bold and seemingly impossible prediction could only sound insane, except to those that knew the man and his indomitable will, his steel determination.
"Broderick got very sick crossing the jungles of the Isthmus, and when he reached this City in the spring of '49, he was unable to accompany his companions to the mines. But he was never to be stopped, and in a few months, never leaving San Francisco, he made the fortune that supported his political career in California. He took up the heavy mallet he had long before put down and, in partnership with an assayer, he stamped out fresh gold coins by hand, produced from California gold dust. A most necessary and most profitable enterprise in those days of private minting. Within three months, he closed the business, invested his enormous gains in San Francisco real estate, and moved into our politics.
"That first election for a legislature at the close of '49 exploited all of Broderick's advantages. In a San Francisco full of strangers from all corners of the nation, he picked out New York City Irish boys to manage his election to the California Senate. From the start, he understood how to bring committed men together for his purposes, and how to forge their loyalties into a phalanx. When the Governor quit office unexpectedly, and the Lieutenant Governor succeeded him, Broderick replaced the latter to preside over the Senate. At once, he proved a master of all parliamentary strategies, much to the benefit of his constituents in San Francisco.
"But Broderick quickly came to understand that those with Southern sympathies or backgrounds here were out to overturn our free state constitution and bring slavery to California, or to divide the state and bring it to the southern half. Thus began that war between him and his enemies that brought about his death today, a decade later, at a time of greatest crisis in our nation.
"In '52, when it was clear that Col. Fremont wouldn't be returned as U.S. Senator, Broderick dared to throw his hat into the ring. He was defeated, but he did well enough to make a big decision. He would leave the California legislature and take charge of San Francisco politics as the leader of its Democratic Party. He built a powerful organization here, and also up in Sacramento, all for the determined purpose of electing a state legislature that would, in turn, elect him to the U.S. Senate. His shocking move to seek election back in '54, a year before Gwin's term expired, is well remembered by all Californians. Like Napoleon, Broderick broke every rule or long tradition that obstructed him, with no regard for precedent and expectation, and solely to confuse his enemies. He was defeated at that time, after a titanic struggle, but he kept going, blocking Gwin for re-election the next year, and then another year with his astounding party tactics, so that the seat remained unfilled.
“In the summer of '56, many feared or hoped that Broderick could not survive the terrors of Vigilance Committee. But not only did The Chief survive, he managed to elect a California legislature prepared to make him Senator. Those great events of January ‘57, by which Broderick secured his seat and gave the other seat to Gwin as a gift or consolation prize, appeared to be that triumph he had promised to his New York friends years earlier. But we all know how the President, with his blatant Southern sympathies, attempted to destroy this man whose hate for slavery was so extreme. Broderick poured all his energies into the fight to keep his Democratic Party out of the hands of slavers, and to preserve the right of new states in the West to make slavery illegal. In a great and famous speech before his colleagues in the Senate, he warned about a fight between those men who wanted to own human labor in the way they would a horse or cart, and those who held that labor must be done by those who have the right to vote and leave employment as they chose. He was constantly suppressed by his own party, but he refused to leave it, preferring to reform it from within, if possible, rather than move over to a party that he feared could never forge a national consensus.
"I pass over this last year with his defeat in our election. His dream of keeping slavers from controlling the entire Democratic Party was shattered here in California. And he was far more broken physically than any but his closest friends imagined. His triumph, like many of man’s greatest triumphs, was the moral work of Providence, and not his own intention. Had Broderick killed his man and lived, it would not have triggered such a reassessment of his merits and his mission. Many would likely have condemned him. But in his death, all except his fiercest enemies have suffered such a loss as has compelled us to profound reflection. Because our lives were Broderick’s life. The California we've created was the California he created. Not because we all agreed with him on politics, but because he made something out of nothing by the hardest effort and determination, driven by a vision of the future. He made an Irishman of humble birth, a mason and a fireman and a grog shop owner, into a member of the U.S. Senate, an institution more patrician and more class exclusive than any other in this democratic nation. He, and we, made San Francisco, made California, from that very mix of classes and of backgrounds and of origins and strong differences in education and in sentiment that prevail throughout the full United States. We built it just as Broderick did and led us in the building it, out of the will of a free people seeking everything that's possible to make of human life. The highest possible achievements in the universe of aspirations. The Chief. He was our model and our inspiration. The grand ideal of California. A man who, out of nothing, made himself and all the world around him into something very new and very strong and terribly important."