I recently stumbled upon an article about David S. Terry, a 19th-century California judge. He was an intriguing figure, so I looked to see if there were any books written about him. There were four non-fiction texts. One, written when he was only thirty-three years old, is titled ‘Trial by the Committee of Vigilance’ (1856). This book is essentially a court transcript which details a particularly harrowing chapter in Terry’s life, which I will cover. Then there are three biographical texts. ‘Life of David S. Terry’ (1892) was published just a few years after he died by Alexander E. Wagstaff, an acquaintance of his. I read this one in full. The author claims to be writing an ‘impartial and vivid history’ of Judge Terry, and despite the author being politically and ideologically opposed to Terry, I think he more or less achieves an impartial telling, which is certainly impressive by today’s standards. Finally, there is ‘David S. Terry: The Romantic Story of a Great Texan’ (1934) and ‘David S. Terry of California: Dueling Judge’ (1956), which are the most recent treatments.

There is nothing more contemporary than the 1950s, and I think there is a good reason for this. There is little redeeming in the life of David S. Terry. He was a violent, murderous, racist, pro-slavery Confederate, and these are not incidental details; they define his character and life. Despite these obvious character defects, he was elected as an Associate Justice of the Supreme Court of California, serving from 1855 to 1857, and then as Chief Justice of California from 1857 to 1859. I’m compelled to write about him not despite the fact that he was a bastard, but because he was.

Early Life

David S. Terry was born on March 8, 1823, in Russellville, Kentucky. At that time, there were only 23 states within this 47-year-old union. When David was only two years old, his parents separated, which was a rare occurrence in the early 19th century. His biographer, Wagstaff, commenting on the state of his parents’ marriage, says that his father “…contracted habits which led to a separation.” In other words, he was conducting affairs, and his mother, Sarah, uncharacteristically for the time, decided she would do something about it. So, she moved with her children, and her slaves, to Houston, Texas. There she managed a cotton plantation in the hopes of establishing, or re-establishing, some financial security. In 1835 when they made the move, Texas was still technically part of Mexico; it became independent in 1836, and then subsequently joined the union in 1845. This tumultuous period for Texas was David S. Terry’s childhood.

Sarah died only a year after they moved to Texas. Benjamin Franklin Terry, her oldest child at age 14, took charge of the plantation alongside David, who was 12. In that same year, 1836, both Benjamin and David served as soldiers under Sam Houston at the Battle of San Jacinto; David had just turned 13. This was Texas’s first meaningful engagement with Mexico after their defeat at the Battle of the Alamo. They screamed, “Remember the Alamo,” as they launched their devastating surprise attack against the Mexican forces, securing their victory.

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Duel with Broderick

Terry, upon hearing of Broderick’s remarks, saw it as an attack upon his character and integrity. This led Terry to write to Broderick in September 1859 to demand an apology and a retraction. Broderick responded refusing to retract his words. Terry sent a second letter again demanding an apology, and again Broderick responded with a no; it was apparent that a duel was to be arranged. Broderick now knew he could not back down even if he wanted to. To do so would appear cowardly. The duel was arranged, the time and place were chosen, and dueling pistols selected: Belgian .58 caliber pistols. Various mediation attempts were made to stop the duel, but Broderick believed his shooting ability would win him the duel.

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Broderick was shot at 7am on Tuesday morning on September 13, 1859. Over the course of the week his condition deteriorated, and on the Friday morning the senator for California died.

Broderick was seen as a hero, a martyr for the anti-slavery cause, an accolade which would be somewhat overshadowed by John Brown’s execution a few months later, and then of course by Abraham Lincoln’s martyrdom for the cause at the culmination of the Civil War.

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Later Life

After the duel, Terry would be tied up in legal disputation until he was finally acquitted of Broderick’s murder in September 1860. His involvement in this duel is the most notable episode in Terry’s life, so I’m going to cut my article short here. I may do a part two if people are keen. After his acquittal, he would return to Texas, where he fought for the Confederate Army during the Civil War which broke out in April 1861. He later returned to California, resuming his legal practice and participating in politics, notably contributing to the state’s 1879 Constitution.

In the 1880s, he became involved in a contentious legal battle involving his second wife, Sarah Althea Hill, which culminated in a violent altercation with U.S. Supreme Court Justice Stephen J. Field. Terry was ultimately shot and killed by Deputy U.S. Marshal David Neagle on August 14, 1889, while attempting to assault Justice Field.