USA > California > San Joaquin County > An illustrated history of San Joaquin County, California. Containing a history of San Joaquin County from the earliest period of its occupancy to the present time, together with glimpses of its future prospects; > Part 12
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A. G. Stakes
A. C. Baine.
A. C. Baine,
A. G. Stakes J. J. Drummond.
R. W. Noble,
A. G. Stakes
G. B. Douglass.
R. W. Noble,
J. K. Shafer
G. B. Douglass.
J. Jenkins,
J. K. Shafer
A. G. Brown.
George W. Tyler
A. G. Brown,
H. R. Porter.
J. K. Shafer,
83
HISTORY OF SAN JOAQUIN COUNTY.
The amendment to the constitution in 1862 abolished this court. In 1855 a board of super- visors was created for the county's government, and a portion of the duties of the Court of Sessions were devolved upon them.
Following is an interesting and useful table, giving the legislative and judicial officers of and for this county, and also the principal ex- ecutive officers, from the earliest date to the present. For the sake of convenience, the years given are mnade to represent proximately the time of service, or the date of election. Since 1880 the elections have been held (according to the new constitution) in November; previous to that time the regular local elections were held during the first week of September, ex- cepting the following: 1850, election held April 1; 1852, November 4; 1856, November 4; 1860, November 6.
SENATORS.
1849-D. F. Douglass, B. S. Lippincott, T.
L. Vermeule, Nelson Taylor and W. D. Fair. 1851-'52-T. B. Van Buren.
1853-'54-H. A. Crabbe.
1855-'56-Win. H. McCoun.
1857-'58-A. R. Meloney.
· 1859-'60-G. W. Dent.
1861-'62-F. M. Warmcastle.
1862-'63-C. H. Chamberlain.
1863-'66-Samuel Myers.
1863-'67, 1871-'78 -- George S. Evans. 1867-J. E. Perley. 1869-N. M. Orr.
1877-F. M. Brown.
1880-A. T. Hudson, and B. F. Langford to the present.
1883-'86 -- F. T. Baldwin.
ASSEMBLYMEN.
1849-B. F. Moore, D. P. Baldwin, E. B. Bateman, I. S. K. Ogier, J. Stewart, C. M. Creanor, R. W. Heath, W. M. Shepherd, J. C. Morehead, J. T. Stephens, J. W. Van Benscho ten and John Cave.
1851-F. Yeiser and W. C. McDougall.
1852-R. P. Hammond, F. Yeiser and H. A. Crabbe.
1853-M. P. Halley, F. Yeiser and Samnel Knight.
1854-T. J. Keyes, A. C. Bradford and J. Stemmons.
1855-T. J. Keyes and D. F. Douglass.
1856-B. G. Weir and G. W. Hunter.
1857-Thomas Jenkins and T. J. M. Aull.
1858-A. G. Stakes and G. C. Holman,
1859-G. C. Holman and Thomas Laspeyre.
1860-Thomas Laspeyre and W. L. Campbell.
1861-Thomas Laspeyre and L. R. Bradley.
1862-John Thompson and S. Myers.
1863-T. J. Keyes and S. Myers.
1863-'64-E. H. Allen and J. E. Perley. 1865-C. H. Chamberlain and W. E. Greene.
1867-L. J. Morrow and Warner Oliver. 1869-J. S. Thurston and C. G. Hubner.
1871-R. C. Sargent and F. J. Woodward.
1873-Samuel Meyers and A. C. Panlsell.
1875-R. C. Sargent, John Patterson and Martin Lammers.
1877-R. C. Sargent, R. B. Thompson and Samuel Myers.
1879-W. R. Leadbetter, E. McIntosh and H. J. Corcoran.
1881-John Patterson, R. C. Sargent and C. C. Paulk.
1883-C. S. Stephens, J. W. Kerrick and Samuel L. Terry.
1885-H. J. Corcoran and F. J. Woodward.
1887-J. R. Henry and J. D. Young.
1888-R. S. Johnson and John McMullen.
COUNTY JUDGES.
1850-Benj. Williams.
1851-0. C. Emery, H. T. Booraem and W. A. Root.
1852-O. C. Emery and A. G. Stakes.
1853-'57- J. K. Shafer.
1861-G. W. Tyler.
1863-H. B. Underhill.
1867-W. E. Greene.
1875-'80-W. S. Buckley.
84
HISTORY OF SAN JOAQUIN COUNTY.
DISTRICT JUDGE.
1873-'80-S. A. Booker.
SUPERIOR JUDGES.
1880-'85-W. S. Buckley.
1880-'86-A. Van R. Patterson.
1885-J. G. Swinnerton.
1886-'88-F. T. Baldwin.
1888-Joseplı H. Bndd.
Patterson resigned in 1886, having been elected to the Supreme Bencli of the State.
DISTRICT ATTORNEYS.
1849-T. B. Van Buren.
1850-S. A. Booker, J. K. Shafer, and E. L. B. Brooks.
1851-C. C. Gough.
1852-James Anderson and W. W. Porter.
1853-William Robinson.
1854-'55-O. L. Bridges.
1857-T. T. Bouldin. 1859-J.'G. Jenkins.
1861-H. B. Underhill.
1863 -- J. C. Byers.
1865-'67-E. S. Pillsbury.
1869-W. S. Montgomery.
1871-E. S. Pillsbury.
1873-A. W. Roysdon.
1875 -- J. A. Hosmer.
1877-W. L. Hopkins.
1882-S. A. Booker.
1884-'88-Ansel Smith.
1888-Avery C. White.
COUNTY CLERKS.
1849-S. Haley, L. T. Crane and N. Mc- Eachem.
1850-'51-A. C. Bradford.
1853-G. B. Claiborne. 1855-John W. O'Neal. 1857-'59-E. M. Howison.
1861-'63-H. E. Hall.
1865-'67-H. T. Dorrance.
1869-Aug. Munter. 1871-'73-George Tilghman. 1875-John Wasley.
1877-'81-H. W. Weaver. 1882-'90-Charles W. Yolland.
RECORDERS AND AUDITORS.
1850-A. A. Mix.
1851-C. A. Ward.
1853-L. Irelan.
1855-George A. Slınrtleff.
1857-'59-William H. Geddes.
1861-'65-R. E. Wilhoit.
1867-L. E. Yates.
1869-M. W. House.
1871-S. S. Burge.
1873-C. T. Elliott.
1875-'77-Charles Grunsky.
1882-George H. Hargrave.
1884-Walter E. Bidwell.
1886 -- 90-Joseph F. Moseley.
SHERIFFS.
1849- J. G. Marshall, S. C. Bunker and E. B. Bateman.
1850-'51-R. P. Ashe.
1853-Nelson Taylor.
1855-George Webster.
1857-'59-J. W. O'Neal.
1861-'63-T. K. Hook.
1865-C. C. Rynerson.
1867-F. Mills.
1869-G. H. Castle.
1871-'90-T. Cunningham.
ASSESSORS.
1850-B. F. Whittier and O. R. Taylor.
1851-J. B. Pittman.
1852-J. McNish and A. H. Brooks.
1853-S. A. Hurlbut.
1855 Thomas S. Strout.
1857-H. Grissim.
1859-William H. Neal.
1861-J. M. Long.
1863-W. R. Stamper.
1865-William H. Smith.
1867-'71 -- C. H. Covell.
1873- I. V. Liffler.
1875-'82-C. R. Ralph.
1886-'90-0). F. Atwood.
85
HISTORY OF SAN JOAQUIN COUNTY.
TREASURERS.
1850-H. W. Alden and H. T. Booraem. 1851-'55-S. H. Brooks.
1857-E. F. Jones.
1859-M. A. Evans.
1861-'65-J. M. Kelsey.
1867-'69-H. S. Sargent. 1873-'75-M. S. Thresher.
1877-Fred. M. West.
1882-Louis Gerlach.
1884-'88-Charles H. Keagle. 1888-J. W. Kerrick.
SUPERINTENDENTS OF SCHOOLS.
1853-S. A. Hurlburt.
1855-T. S. Strout, William G. Canders and George S. Verrill. 1856-'57-E. W. Hager. 1859-L. C. Van Allen.
1861-C. Collins.
1863-'67 -- M. Cottle.
1871-W. R. Leadbetter.
1873-T. O. Crawford. 1875-'77-S. G. S. Dunbar.
1882-J. A. Sollinger.
1886-'90-George Goodell.
SURVEYORS.
1850-Walter Herron.
1851-'53-J. S. Whiting. 1855-George E. Drew. 1857-'59-D. Beaumont.
1861-'63-George E. Drew.
1863-H. P. Handy. 1865-E. J. Smith. 1867-'71-John Wallace.
1873-C. M. Ritter. 1875-John C. Reid.
1877 -- H. T. Compton, Jr. 1882-William Lawrence.
1884-E. E. Tucker. 1886-'90-G. A. Atherton.
PUBLIC ADMINISTRATORS.
1850-E. L. B. Brooks. 1851-752-T. S. Manley.
1853-M. A. Evans.
1855-John Haynes.
1856-L. . Davis.
1857-J. W. Smith.
1859-H. S. Norcum.
1861-Alfred Blake.
1863-'69- Charles Belding.
1871-L. E. Lyon.
1873- J. Hennessey.
1875-L. E. Lyon.
1877-T. N. Moore.
1882-R. R. Reibenstein.
1884-A. M. Noble.
1886-'90-John Gambetta.
CORONERS.
1850-J. E. Clements.
1851-'58-C. P. Grattan.
1855-M. H. Bond.
1857-J. S. Skinner.
1859-A. L. Bours.
1860-J. L. Downing.
1861-'63-M. H. Bond.
1865-A. N. Blake.
1867-'69-M. H. Bond.
1871- D. S. Lord.
1873-J. Seamans.
1875-S. W. Ralph.
1877-A. N. Blake.
1882-John Gambetta.
1884-J. D. Young.
1886-O. S. Sargent.
1888-W. M. S. Beede.
SUPERVISORS.
The Legislature passed an act March 20, 1855, creating a board of three supervisors for this county, and an amendment to the State constitution in 1862 made such an arrangement uniform throughout the commonwealth. April 16, 1855, in pursuance of the act, Gilbert B. Claiborne, county clerk, S. A. Hurlbut, county assessor, and J. S. Whiting, county surveyor, divided the county into three supervisor dis- tricts, established election precincts, and ap- pointed judges and inspectors of election. The
86
HISTORY OF SAN JOAQUIN COUNTY.
election was held May 7, and the first meeting of the board, held May 21 following, consisted of J. A. Tyler, chairman, C. W. Bradford and S. Williams. In October Bradford was suc- ceeded by E. C. Kelly.
November 4, 1856, the election constituted the board with John Thompson as chairman, and J. D. Green and E. H. Allen as the other members.
September 3, 1857, J. D. Green, chairman, was elected for one year, E. H. Allen for two years, and P. A. Athearn for three years.
The above introduction gives the proper in- terpretation to the following catalogue, the election taking place in the autumn of the years named, and the first-named supervisor being afterward chosen chairman:
1858-E. H. Allen, P. A. Athearn, J. D. Green.
1859-P. A. Athearn, J. D. Green, D. W. Tullock.
1860-J. D. Green, D. W. Tullock, John Sanford.
That part of the county where Tullock resided was set off to Stanislaus County, thereby creating a vacancy in the board, which was filled by a special election, January 21, 1861, when E. H. Allen was chosen.
1861-John Sanford, E. H. Allen, Moses Severy.
1862-John Sanford, Moses Severy, Jolın Tuohy.
1863-Moses Severy, John Tuohy, H. Thorn- low.
1864-John Tuohy, H. Thornlow, Moses Severy.
1865-H. Thornlow, Moses Severy, J. F. Chase.
1866 -- Moses Severy, J. F. Chase, W. Can- field.
1867-J. F. Chase, W. Canfield, H. M. Fanning.
1868-W. Canfield, H. M. Fanning, J. F. Chase.
1869-H. M. Fanning, J. F. Chase, J. H. Hickey.
1870-J. F. Chase, J. H. Hickey, H. M. Fanning.
1871-J. H. Hickey, H. M. Fanning, J. F. Chase.
1872-H. M. Fanning, J. F. Chase, John Wasley.
1873 (law was changed with reference to the number of supervisors)-J. F. Chase, John Wasley, William Inglis, R. E. Wilhoit, R. Gnekow, William H. Fairchilds, B. F. Slater.
1874-John Wasley, R. E. Wilhoit, R. Gne- kow, William H. Fairchilds, B. F. Slater, John A. McDougald, L. R. Chalmers.
1875-R. E. Wilhoit, William H. Fairchilds, B. F. Slater, L. R. Chalmers, John A. Mc- Dougald.
1877-R. E. Wilhoit, William H. Fairchilds, B. F. Slater, William Inglis, A. Sliedd.
1879-A. Shedd, Louis Gerlach, John Archer, John Perrott.
1880-William Inglis, John Archer, Louis Gerlach, Jolın Perrott, Levi A. Nicewonger.
1882-A. Leitch, William McK. Carson, D. C., Shepherd, Levi A. Nicewonger, William Ennis.
1884-A. Leitch, William McK. Carson, Levi A. Nicewonger, William Ennis, D. C. Shepherd.
1886-A. Leitelı, William Inglis, Levi A. Nicewonger, William McK. Carson, Alex. May- berry.
1888-A. Leitch, James Brown, William McK. Carson, Alex. Mayberry. James A. Shepherd.
The following table will be found convenient for reference, in comparing the foregoing ac- counts with what were more general in the State:
1849.
June 3 .- Call by General Riley for a consti- tutional convention to be held at Monterey, Alta California.
August 1 .- Election to elect delegates to tlie constitutional convention, and also for the elec- tion of alcaldes and judges of the courts of first instance.
September 1 .- Convention assembled at Mon- terey, and adjourned October 13, 1849.
November 13 .- The election for the ratifica-
87
HISTORY OF SAN JOAQUIN COUNTY.
tion of the constitution was held, at which time members of the assembly were elected. The vote of this State was as follows: For the con- stitution, 12,064; against, 811.
December 15 .- First Legislature met at San José.
December 20 .- General Riley, by proclama- tion, delivered the civil government into the hands of the elected agents of the people, at which time the newly-elected Governor was in- augurated, and the machinery of the State set in motion,
1850.
February 18 .- State divided into counties.
March 2 .- Act passed authorizing the first county elections.
April 1 .- First county elections held.
April 3 .- San Joaquin County organized.
April 4 .- Act passed giving this county one senator and two assemblymen.
September 9 .- State admitted into the Union.
October 18 .- News of the admission arrived on the steamer Oregon, the papers being in charge of General Bidwell.
88
HISTORY OF SAN JOAQUIN COUNTY.
POLITICAL.K
CHAPTER V I.
THOROUGH political history of any enterprising county that has had the popu- lation, experience and age that San Joaquin has had would be altogether too voluminous for a work of this kind, and therefore there are given here only a few of the most prominent points. The list of officers and legislators is given in the preceding chapter. The character of these public men, we are glad to say, has been considerably above the average. Less complaint is heard in San Joaquin County con- cerning her representatives and public servants than in any other municipality of the same ex- tent and term of organic existence, probably, in the United States.
The reader, of course, will remember that prior to 1856 the two leading parties were the Democrats and the Whigs, with the tariff issue and personnel as the principal points of differ- ence between them, and that the third parties, of a national character, were the anti-slavery, under its various names of Free-Soil, Abolition, etc., and the American or Know-Nothing. The two latter were so weak in numbers that they scarcely ever had a local ticket in the field, or committees to serve at all the polls even for the presidential nominees. The Know-Nothings, however, had several extraordinary local vic- tories.
THE FIRST CONTEST.
In the first contest for mayor, in 1850, Samuel Purdy, a Northern Democrat, was opposed by
David S. Terry, a Southern Democrat. Under the head of "New York," voted not only some of the Democrats, but also Whigs and Abolitionists, while under the banner of " Texas " the South- ern Democrats voted for him who was after- ward the leader of the Democracy in San Joaquin -- the noted Judge Terry. The two wings of the Democracy united and on the 26th of April, 1851, organized the first political party in the county, by electing Samuel Purdy president, Nelson Taylor and Benj. Weir, vice-presidents, and Major R. P. Hammond, secretary. The object of the meeting was to elect delegates to the Democratic State convention to be held in Benicia. The following delegates were chosen: R. P. Hammond, S. A. Booker, J. E. Nuttman, Nelson Taylor, George Kerr, A. C. Bradford, R. P. Ashe, W. P. Root, and Dr. Reins. Then the Whigs organized and elected delegates to their convention in San Francisco. Both conven- tions met and nominated State officers. In the county conventions the Democrats sub- sequently nominated R. P. Hammond and W. W. Stevenson for the Assembly, and the Whigs, Dr. George A. Shurtleff, Henry A. Crabbe and John McMullen: the latter declined. Both platforms and men continued nervously to shift about, and at the State election of Septem- ber 3, 1851, the county candidates were elected as Independents; but at the election in Novem- ber following Stockton gave a Democratic ma- jority of 129 votes.
89
HISTORY OF SAN JOAQUIN COUNTY.
By the year 1855 the American, or Know- Nothing party, had risen into prominence and carried the State. At the September election of that year this county gave 100 to 250 major- ity against the Democracy.
THE SAN FRANCISCO VIGILANCE COMMITTEE.
The dilatoriness and corruption of the courts led to the formation of a vigorous vigilance committee in San Francisco, whose policy and deeds revolutionized the politics of the State. May 14, 1856, James P. Casey, a delegate to the Democratic convention, shot James King of William, who died a few days afterward from the effect of the wound. The vigilance committee hung Casey from the second story of a window of their headquarters, along side of a murderer named Cora. The Republicar, of Stockton, a Democratic paper, did not join in the popular clamor against the vigilance eom- mittee, and its conrse with reference to these matters precipitated a mass meeting in Stock- ton, which was enthusiastically attended by a majority of the citizens, who marched in pro- cession through the principal streets. A month afterward political excitement again rose to fever heat, and David S. Terry, who had been elected judge on the Know-Nothing ticket, severely stabbed S. A. Hopkins, a vigilance offi- cer in San Francisco, in the neck, on June 21. He was arrested and confined for two weeks, awaiting the death or recovery of Hopkins. The latter recovered, and Terry was set at lib- erty. It is thought by many that if Hopkins had died Terry would have been convicted of murder and executed. On the other hand, Terry was afterward fêted and received ova- tions both at San Francisco and at Stockton, by his few but very warm friends.
REPUBLICANISM.
In the spring of 1854, Stephen A. Donglas, as United States Senator, led a wing of the Democracy who were in favor of admitting Kansas and Nebraska as Territories with no re- striction as to whether or not they should have
slavery. The bill was passed by Congress and signed by President Pierce, May 30, that year, thus repealing the old restriction called the Missouri Compromise, which prohibited slavery west of Missouri and north of latitute 36° 30'. Breaking the stipulation of a compromise nat- urally excited the people and precipitated them into more vigorous measures for a permanent settlement of the old vexed question, the source of a very tender sore. Those who were thus opposed to the re-opening of the old and dan- gerous agitation were called "anti-Nebraska " men, since they were opposed to Donglas' " Kansas-Nebraska " bill. This element in 1854 -'55 crystallized into a party called the " Re- publican," with which the "Abolitionists " gen- erally joined, and also nearly all the Northern Whigs, on account of their natural enmity to the Democratic party.
The next year the people were to elect a President of the United States, and the friends of John C. Fremont, believing that he had been wronged in the early history of this State by being superseded as Governor of California by Gen. Kearny, determined to run him for Presi- dent of the United States. The leader of the Democracy that year was James Buchanan, while Millard Fillmore led the Know-Nothing party. In California, as well as in most places in the East, to be known then as a " black Re- publican," or "Abolitionist "-two epithets de- signed for the same party-was then equal to bearing the name of mad-dog, thief, " misce- genator," etc., and exposed one to personal in- jury. He was certain to be ostracised and per- secuted. At such a time, in July, 1856, there met together in Stockton: J. M. Buffington, C. C. Firley, Dr. G. R. Warren, John Tucker, M. Walthall, Jr., B. P. Baird, Dr. W. R. Kerr, and a few others, to consult upon the feasibility of organizing. They concluded to issue a call for a mass meeting in order to organize a Republi- can club, Wednesday evening, August 2. A few met and elected Mr. Buffington chairman, and C. C. Firley, secretary, and the following enrolled as members of the Fremont and Day-
90
HISTORY OF SAN JOAQUIN COUNTY.
ton Club: J. M. Buffington, B. P. Baird, Dr. G. R. Warren, John Tucker, M. Walthall and C. C. Firley. What a lonely time as contrasted with scenes since that date!
A committee of three were appointed to pre- pare a constitution and by-laws, and report at a meeting to be called by the chairman. On the 9th of August the club met, adopted the consti- tution and permanently organized by electing Dr. W. R. Kerr, president, J. M. Buffington, secretary, and Dr. G. R. Warren, corresponding secretary. Meetings of the club were afterward held in the old Baptist Church on Center street, till the election, at which time the club num- bered about 100 members.
This was the origin of the Republican party as an organized body in San Joaquin County.
The first Republican county convention met at the city hall October 10, 1856, and organized by the selection of J. S. Staples as chairman, and C. O. Burton and M. Walthall, Jr., as sec- retaries. Dr. W. R. Kerr and Samuel Myers were nominated for the Assembly, and I. S. Locke for superintendent of the public schools. On the same day was issued the first number of the Stockton Daily Gazette, a Fremont and Dayton paper, with Jolin F. Damon as editor. At the election there was given in the city of Stock- ton, 218 votes for the Republican nominees, and in the county, outside of the city, 329 votes.
During the progress of the campaign no re- markable event happened or parades conducted. The principal interest manifested was in the talent of the respective speakers, among whom the chief were the noted Colonel E. D. Baker and a man named Tracy.
In 1857 a full county ticket was nominated, but before the day of the election some of the names were displaced by nominees from the moribund American party. The combined vote was only 300 in the whole county. In 1859 the party polled only 200 votes in the county; but the next year they gave the great Lincoln 1,311 votes.
In 1859 the Broderick-Terry duel increased
the Republican strength, as it had a political significance, and the result was what might have been expected,-adverse to the party to which the surviving duelist belonged. To all appearances the death of Broderick, such as it was, ultimately saved California to the Union.
The most important election ever held in the United States occurred November 6, 1860, when this county gave Lincoln 1,311 votes; Douglas, 713; Breckenridge (Southern Demo- crat), 1,314, and Bell (" Constitutional Union"), 199. Since then the county has generally given a Republican majority, as follows: 1876 - Hayes, Republican, 2,272; Tilden, Democrat, 1,850; 1880 - Garfield, Republican, 2,524; Hancock, Democrat, 2,370; 1882-M. M. Es- tee, Republican candidate for Governor of the State, 2,186; George Stoneman, Democratic candidate for the same office, 2,712 (the Demo- crats this year favoring greater liberty with reference to the use of Sunday); 1884-Blaine, Republican, 3,079; Cleveland, Democrat, 2,828; Butler, Greenback, 1; St. John, Prohibition, 141; 1888 -- Harrison, Republican, 2,829; Cleveland, 2,823; American, 43; Prohibi- tion, 286.
The Second Congressional District comprises the counties of Butte, Yuba, Sutter, Nevada, Placer, El Dorado, Amador, San Joaquin, Cal- averas, Tuolumne, Stanislaus, Merced and Mari- posa. The vote of this district in 1888 gave Marion Briggs, Democrat, 19,064; John A. Eagon, Republican, 17,541; S. M. McLean, American, 913. Of these totals San Joaquin County gave for Briggs 2,807, for Eagon 2,831, and McLean 277.
Probably here, at the close of this chapter, is the most appropriate place for the biographical sketches of two of the most prominent men in political circles in this county, now deceased. By the index may be found the sketches of many others, both living and dead.
HON. DAVID S. TERRY,
deceased, was born in Todd County, Kentucky, about 1827. His mother was a sister of Shelby
91
HISTORY OF SAN JOAQUIN COUNTY.
.
and Jackson Smith, of considerable notoriety in the early days. At the age of thirteen years he was left an orphan, and in lris youth went to Mississippi, of which State his uncle was Gov- ernor, and afterward married the daughter of that uncle. Subsequently he went to Texas, lo- cating on the Brazos river, about forty miles from Houston, and entered into the profession of law, which he practiced in Honston. He par- ticipated in the revolution for Texan independ- ence, and afterward he was in command of a regiment of Texan rangers in the Mexican war. Then a mere stripling, he crawled upon his hands and knees to shoot the Mexicans, at the battle where Santa Ana was taken prisoner. In 1849 he started for California as captain of a company of emigrants, and on his arrival here he located at Stockton. In 1850 he returned to Texas, and early in the spring of 1852 he inarried Miss Cornelia Reynolds, the daughter of Harmon G. Reynolds, on the Brazos. Return- ing to California he resumed the practice of liis profession; and during his professional life liere he had as partners at different times, D. W. Perley, Mr. Carr, his son Samnel, Major Bar- ney Mckinney, and the last firm namne was Terry, Campbell & Bennett.
September 5, 1855, he was elected by the people to the Supreme Bench of the State, and he assumed the office November 15, where he served successively as associate and chief. This office he resigned September 12, 1859, to par- ticipate in a duel with Senator David C. Brod- erick. The particulars of this noted case, as compiled by the historian Tuthill from the vari- ous standard histories, are as follows:
"The election (of September, 1859), being over, Judge Terry descended from the Supreme Bench to demand of Broderick an apology for the uncomplimentary remark which Perley heard at the breakfast table of the International [a hotel in San Francisco], more than two months previous and excepted to. By note he asked a retraction of the language used. Broder- ick asked what he understood the language to be. Terry replied, ' You said, ' I have hereto-
fore considered and spoken of him (Terry) as the only honorable man on the Supreme Bench; bnt I now take it all back;' but if that was not the exact language it made no difference: he asked a retraction of any words which were cal- culated to reflect upon his character as an of- ficer or a gentleman. Broderick responded, repeating his exact language, which was about as the other had heard it, with this difference: ' During Judge Terry's incarceration by the vigilance committee I paid $200 a week to sup- port a newspaper in his defense.' 'You are the best judge,' added the writer of this note, evi- dently surprised that at a time when such vio- lence of speech was tolerated, language so very temperate and mild should be selected to shoot him for, 'as to whether the language affords good grounds of offense.'
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