The Dollop with Dave Anthony and Gareth Reynolds - 143 - The Broderick Terry Duel

Episode Date: January 7, 2016

Comedians Dave Anthony and Gareth Reynolds discuss the events leading up to the famous Broderick Terry Duel. in California.SOURCESTOUR DATESREDBUBBLE MERCH  ...

Transcript
Discussion (0)
Starting point is 00:00:00 When you're staying at an Airbnb you might be like me wondering could my place be an Airbnb and if it could what could it earn? You could be sitting on an Airbnb and not even know it. That in-law sweet guest house where your parents stay only part-time Airbnb it and make some money the rest of the year whether you could use a little extra money to cover some bills or for something a little more fun. Your home might be worth more than you think. Find out how much at airbnb.ca slash host. Hello! You're listening to The Dollop. This is a bi-weekly American History
Starting point is 00:00:48 Podcast. Each week I, Dave Anthony, read a story from American History to my friend. Gareth Reynolds who has no idea what the topic is gonna be about I think you said American History four times during that. Boy she pops! Oh gosh. God do you want to look who to do? I'll do one bottle. People say this is funny. Not Gary Gara. Steve okay. Someone or something is tickling people. Is it for fun? And this is not gonna come to tickling podcasts. Okay. You are queen fakie of made-up town. All hail Queen Shit of Liesville. A bunch of religious virgins go to mingle and do what? Fray. Hi, Gary. No. Has he done my friend? No. March 8, 1823. David Terry was born in Kentucky. Hey, we're back to Kentucky. Finally. His paternal grandfather came from Ireland and fought on behalf of the colonies for independence commanding a regiment. David Terry's other
Starting point is 00:01:54 grandfather was Scottish and he fought for Scotland and after being part of a force routed by the English he escaped on a boat and headed to America where he also fought for the colonies against the British. Scottish people are the greatest. Yeah. Just doesn't matter. What's the problem? Him. Kill him. Not him. Him. Kill him. Who? Which one? Him. Kill him all. That was like three years ago I read a stat that they led the world in stabbings. Oh my god and if we could see headbutt statistics imagine. David Terry was raised on a cotton farm and had an average life. The family moved to Mississippi where they lived for 10 years until the
Starting point is 00:02:38 marriage fell apart. At that point his mother took David and his three siblings and moved to Texas. David was very, David was very large for his age. When he was 13 the massacre at the Alamo occurred and like most Texans David swore revenge against the Mexicans. Through eating. Through eating. Not large. He was just big. Oh like tall. It's not like fat. Okay. I was picturing something fun. I was picturing like carnival fat. Because you're thinking American and when you say. Well I'm thinking where are we going? So anytime there's like a hint to something I'm like oh could this be the world's fattest man? So he left the
Starting point is 00:03:17 farm and joined the Texan forces. 13 years old. 13. He fought under Texan hero Sam Houston in a famous battle I think it's at Santa Ana in which they completely routed the Mexican forces. I mean it was like. But you have an advantage to be a 13 year old fighter because people like son. Come on you should. I have a little fucking to stab me. Shit. Take that mister. No. Take that. You too mister. Oh it's like hit puberty. Oh my god. You're gonna drop like my balls one day. John. David Terry was in a slouch and a fight. A Mexican officer hit him on the head with a saber causing a large laceration on his scalp and Terry
Starting point is 00:03:57 responded by stabbing the Mexican in the heart with his bowie knife. 13. Heart stab. After the war Terry returned home and studied law in the office of his uncle in Houston. His uncle said he was not bright but had a remarkable memory and absorbed the law like a sponge. Sounds like he's bright. Fucking asshole. He's stupid. He remembers a lot of shit. He's stupid but he's great with facts and numbers. David was not one to argue. He didn't take part in any vices of the day and was a gentleman. Tears after beginning his studies he was brought into the law practice by his uncle and after being admitted to the bar he opened his own
Starting point is 00:04:36 office in Galveston. This guy's smart. Yeah. He wasn't known for his sense of humor and was said to be always very serious as if he was deep in thought working on a problem. One night Terry went with his landlady to see a professor give a lecture. After the lecture the professor examined the heads of several people in the audience. This is apparently the comedy portion of the show. Oh whoa. Jesus. Tough room. When he got to Terry he put his hand. I mean he's doing crowd work. Where are you from? No. How long you had this head? All right. I got this mallet. All right. Who's got a hair? What do you think of her head? Maybe you're
Starting point is 00:05:16 maybe you're too good. You could bump heads later. He's got two eyes. All righty. This guy right here. Okay. It's not Terry is a very dignified and stern nature. So he goes over he puts his hand on Terry's head and says quote now here is a gym a long Josie rollicking sort of fellow. I'm sorry. Now here is a gym a long Josie rollicking sort of fellow. A gym a long Josie rollicking fellow. And the crowd loses it. Man. We are God. Are there any recordings of albums back then? This is like Todd Berry shit. See like that. Well look at this. Jim comes along. Roxy Daisy is a gym a long Josie rollicking sort of this is Patton Oswald.
Starting point is 00:06:04 You kind of can we get this guy to come and do the podcast. So the audience loses it. It's fucking hilarious. They're rolling in the aisles. The more I hear it the more I get it. Right. Yeah. Terry did not say a word. He's pissed. After he walked his landlady home then he returned and beat the living show out of the professor. I love the walk home. Here's a jam of a long Josie rollicking sort of. Well I had a great night with you. You gonna do anything later? I'm gonna go be the share of that professor. Sorry. I'm gonna go Jim Jam a little Josie up in his Josie town. Okay. Great meeting you. So this gave me a reputation in Houston
Starting point is 00:06:48 and no one dared Mark David Terry again. Yeah. The Mexican war kicked off between the U.S. and Mexico in 1846 and Terry was one of the first to enlist. He fought well as lieutenant and he returned to Texas after the war. He was just 21 years old but Terry was a now a very large man six feet inches tall and 250 pounds. Okay. When gold was discovered in California David and a group of his fellow Texans headed out west to make their fortune. All right. It was not an easy journey. Native Americans were not thrilled with all the Europeans heading out west. They twice fought battles against Native Americans and routed them
Starting point is 00:07:28 both times. Over 50 Native Americans were killed while the rangers lost just one man. Well the truth is that if anyone tried to scalp him he would just lose his shit. He doesn't like it. I mean if somebody like it was like look at this rousy he'd be like they just touched my head. Don't touch this guy's head. Be arrived in California in 1849 and broke up heading their separate ways to make their fortunes. Kind of like in sync. Terry briefly try yeah exactly like in sync. Yeah. Terry briefly tried mining but quickly realized it was bullshit and opened a law office in Stockton. Okay. He quickly became respected and was pushed
Starting point is 00:08:09 by his friends to run for mayor on the wig ticket. Okay. But he was not a political man did not like campaigning and he was soundly defeated. After he lost he said I would have made a poor mayor. Wow. I mean concession speech is not normally so fucking honest. I would have been shit at this so you guys did a really good job with your. Well I will say the voters spoke loudly and correctly today. I would really I was going to be in over my head on this one. Nicely done gentlemen. You're going to get a Jose picture. I was going to but Jose moved. In 1850 Terry befriended a new man who came to town named Roberts.
Starting point is 00:08:52 Roberts said he was a lawyer and physician. A local merchant however named George Belt was told Roberts was actually a horse thief and highway robber and wasn't shy about telling everyone in town. This upset Terry very much and he called it a lie. Then belt challenged Terry to a duel. God damn these dueling times. Now at this time if you were challenged to a duel you got to pick the weapons and the distance. Slingshots. Five meters. Slingshots. 500 feet. Yeah. So Terry, Terry chose pistols and ten paces. Belt was furious. He thought this was too close and called it unprecedented barbarous and murderous.
Starting point is 00:09:41 But Terry refused to budge. It's like well no now you're definitely making it so one of us is going to die. Part of the fun of this is the missing. Belt picked a man named Marshall as his friend and Terry picked a man named Percy. So friend means they're like they're second like the guy that was standing next to him and be like go get him Tiger or whatever. Like your corner man? Your hype man? Yeah take your corner man. Your hype man kind of. Okay. That's about right. Should we pause? Do you think it's bad right now? I think it's okay. It'll probably get bad in a second. Yeah. When Percy asked Terry why he wanted to it to just be ten paces because he was so large
Starting point is 00:10:27 that made him easier to hit Terry replied belt is a noted good shot with either pistol or rifle. I am not an expert with either and if he lacks nerve he is less liable to hit me at ten paces than at 30 paces and I know I can hit him at ten paces. So his logic is that he'll be nervous. So he didn't want to pick rifles because he figured the guy can shoot him from wherever. Yeah. And so ten paces seemed to freak the guy out. Right. So he picked ten paces just to fucking unnerve the dude. Okay. He's pretty smart. He is a contemplative man. Yeah his uncle called him stupid. Yeah. Well his uncle's an idiot. Okay. Is this
Starting point is 00:11:06 bad? I think it's okay. When they arrived at the location of the duel Marshall and Belt tried to renegotiate the terms. What about 15 paces? Come on guy. But Terry would have none of it. Finally belt with two paces. The fuck is going now dude. One pace. No paces. Finally belt withdrew the challenge and the duel did not happen. A few weeks later it was proven that Roberts actually was a horse thief in Highway Robert. So Terry went to Belt and apologized. Oh wow. After that Terry and Belt were great friends. Though that was short lived because Belt was killed in a street fight. Alrighty. Thanks for letting me ride high for so
Starting point is 00:11:50 long on that one D.A. Terry next went to Mississippi and married the woman he loved and he brought her back to Stockton. Whereas law business was flourishing. He was known as a man of honor and integrity. Okay. So close that door. Right. For Jose. No for the. Oh never mind. They moved over there. I gotta look what this guy was born. Oh so we're taking a break. No. David C. Broderick was born in 1820 February 4th in Washington D.C. His father was an Irish stone mason who came to the city to work on the Capitol building. After the job was complete he moved the family to New York City. But his father died young
Starting point is 00:12:39 and Broderick was forced to follow his father into the stone business working as a stone cutter. Such a grim. Yeah. So what did you think you'd be doing with your life then? You'd be cutting stones. Oh yeah. Stones is a good secure job. If you can get into a good stone business you'll be glad you did. So you cut them and you put them on the thing. Yes. Oh yes. For the rest of your life. What about thinking? No you don't have time to think. You've just got stones. So he supported his mother and siblings as far as a social life. Any interesting stories today from cutting stones all day again? Any fun tales? No. I cut one of
Starting point is 00:13:25 them a little short but then I was able to use it for another place. Oh I love your stories. No it's like I was there. It's like I was there. It's just it's like living it. It really is. That's fascinating. Oh god as far as a social life he was a volunteer fireman for the Howard Engine Company. Apparently being good at the job whatever that meant at the time. Fighting or whatever. Beating up fires. He became the foreman at the age of 20. Okay. This position gave him a head up to enter the world of politics. Okay. He became known as a man who didn't shy away from a fight, who kept his promises and knew how to make and keep friends. He
Starting point is 00:14:09 attended all the local meetings of the Democratic Party where brawls were frequent. Great. I would love to watch that. Oh it should. Well the truth is if you ever want to see anything from the 1800s that you miss in your country just watch anything in Russia right now. Like if you're dying to see like people in houses of politics beat the fuck out of each other. Russia had literally happened in Russia in the last three weeks I'll guarantee it. Want to see guys just fighting in the street who were drunk? Yeah. Russia. You want to see like a guy marry a bear? Russia. Russia. He then
Starting point is 00:14:48 opened up a pub where a lot of the local politicians hung out and talked politics. Through his connections he became a representative in the famous New York City Tammany Hall. Okay. You know what Tammany Hall? Yeah. That's right. So people who don't it's probably the most cruel. It's the ultimate example of corruption. Yeah. And from there he was given the nod to run for Congress in 1846. Okay. And he lost. Okay. Unfortunately Broderick had the gift of making bitter enemies. He was said to have been stubborn, unrelenting, and unforgiving. Well now you're showing me the skeletons. He was known to speak
Starting point is 00:15:22 before thinking. You either loved David Broderick or you hated David Broderick. All right. Because he made somebody enemies a political queer was not looking positive for Broderick in New York. Around this time he received a letter from a friend who had gone to California. The gold rush was on and he encouraged Broderick to head out west. So Broderick made his way to California. It was a dangerous trip. There was no railroad. He had to take a boat to Panama and cross the Isthmus by land. Jesus Christ. Cholera and yellow fever were everywhere. I had to connect in Philly from Baltimore the other day to come to
Starting point is 00:15:55 LA and I was like this is ridiculous. One stop really? Yeah. I gotta take a fucking one stop. Well because I had to go I had to go a little yeah because you're going east again. You're like I've got to go east and then go west. This is a nightmare. This guy's like in Panama like don't breathe. I got cholera in the Philadelphia airport. God damn it. But he made it and in June 1849 arrived in San Francisco. He was 29 years old. Broderick was a tall man and very strong. He enjoyed wrestling and was rarely beaten and he was said to be a great boxer. He was said to be a man who looked like he was always thinking but
Starting point is 00:16:30 was but was known to act without taking any advice. Okay so what you're telling me is that this somebody is this is somebody who you know moves first thinks later. Yeah. I wonder if that's going to come into play. I don't know. It feels like you're setting up a you know a definitive characteristic. I don't know. All right. He was also very shrewd. He did not go into mining. At that time there was no paper money in San Francisco and there wasn't a mint to make coins. People paid for things with gold and silver coins and golden gold dust. Most money. You mean you think this economy is unstable when you could
Starting point is 00:17:09 let if wind ruins your finances. No. Oh my god. That was my nest egg. God damn wind. Most money was brought into the state with immigrants. More coins were desperately needed. So Broderick formed a partnership and they began to make five and ten dollar gold coins but they made them out of four dollars and eight dollars worth of gold. Wait. Okay. So the money the money was still worth more. Right. So they're taking. So their profit was like two dollars. The profit is two dollars for a ten and one dollars for a five. Okay. Right. So it's a good business. Yeah. Right. The coin would just have the date
Starting point is 00:17:55 the location it was created and the value. It worked. People wanted coins for convenience and soon he was a rich man. Yeah. Most wanted to be a politician. He got himself elected to be one of the delegates to write the Constitution for the new state of California. Seven months later he's elected to the state Senate of California. A very brief period the governor resigned and the lieutenant governor took over and the Senate elected Broderick to be the new lieutenant governor. Okay. Being rich apparently made all the difference. Yeah. That was fast. He had just been in the area for over a year at this point and
Starting point is 00:18:30 one member of the California Assembly named Moore did not like the fact that he was rising so fast. I don't like that fact. This guy with his nonsense and he I don't like a guy who's getting popular fast. As they passed each other on the street. Oh boy. This ought to be good. Let me guess. They didn't tip their hats. Broderick heard a more mutter. Scoundrel rascal. Broderick turned around. Excuse me. Got it Moore's face. You fuck. Moore pulled out a gun. Alrighty. And then told Broderick to his face that he was a scoundrel and rascal. Broderick took a swing at Moore but missed. A group then grabbed Moore and wrestled his gun away.
Starting point is 00:19:20 Moore was then taken to a nearby apartment to calm down. Get this man to an apartment. But that didn't work. Somehow he rushed back out into the street with a new gun which he pointed at Broderick and yelled I will shoot you you scoundrel. Who was in charge of the apartment. Nobody apparently. I mean. Okay we're gonna put this different gun here and then we're gonna go talk in the other room. You know I have one gun. First of all we're taking this gun away from you and this is a metaphor gun. Okay now while this is an active gun look let me show you something out the window. Look out here. Uh-huh. You see this beautiful where the fuck is he.
Starting point is 00:19:58 Where's the gun. Where is he. Where's the gun. So he runs back out of the street he says I will shoot you scoundrel. Broderick just turned around and calmly looked at Moore and said you cowardly assassin. Why don't you fire. You dare not fire. You coward. Oh my god. Moore didn't fire and again a group of men restrained him and took the gun. The same group. Hey there he is. Come on. Come on to another apartment. Alright come on. Hey take him to the apartment. I got this thing with a sword I want to teach him. Now the story got around and Broderick was suddenly hot shit. And adding more flavor to the stand-up was the fact that Moore was a
Starting point is 00:20:36 southerner and Broderick was a northerner. This was of course when the country was fracturing over slavery. So is this when liberals became pussies officially? California was no different. The Democratic Party was coming apart over whether or not to admit Kansas to the Union as a slave state or a free state. Californians who came from southern states were of course pro-slavery. At the time the two senators representing California were both from the south and pro-slavery. One was named William Gwynn. Now because he quickly gained so much political power Broderick pretty much took over San Francisco and his time in
Starting point is 00:21:15 charge became known for corruption. Good good good. Which was modeled after what he learned at Tammany Hall in New York. He became like a mini dictator. When elections came around to fill the offices Broderick would offer to split the profits of positions. Some jobs like tax collector, assessor and sheriff were very profitable. They did not get a salary and instead took a cut of all fees. Okay so those jobs were like just you took a cut of what the job generated or you're saying that he would take cuts of their pay. So like take the tax collector. Right. The tax collector didn't get a salary so he would get a cut
Starting point is 00:21:56 of all the tax. Right. Collected and then Broderick would take half of that. Right okay just that's pretty much what I thought you were saying. Okay so so it's set up for success Dave. Broderick promised to use his cut to pay off whoever needed to be paid off to keep himself and those under him in their jobs. Is it just it's just always been impossible to just not take advantage of power. Is that everything's just I mean is that just the lesson of life. Everything that we're just incapable of goodness. Yeah you just have to when you're in that position it's too shiny and fun. Yeah you got to just be a fucking prick. Yeah okay all
Starting point is 00:22:38 right. Broderick then began buying lots particularly on the waterfront as the city grew quickly. Lots of what? Lots of what? Lots of stuff. Okay. He became even richer. This worked for quite some time. Broderick became rich and corruption reigned supreme. Perfect. But Broderick wanted a much bigger prize to beat William Gwynn and become US senator from California. To beat Gwynn he would have to overcome the pro-slavery wing of the Democratic Party in California and his scheming led to his San Francisco faction to be defeated. So he went up against the pro-slavery guys and they came back at him hard and kind of got wiped out in the
Starting point is 00:23:23 elections. All right well that's good. This greatly weakened him politically and he lashed out talking shit in the legislature about ex-governor Smith who had led his opponents. Now this did not go over well and Smith's son challenged Broderick to a duel. Dude leave him be. Broderick accepted. He did? Yeah. But this is this is different from the first guy who dueled was not Broderick. No. Okay. But my guess is they sound like they're similar types. Yeah. They met in Contra Costa County where dueling was legal. Well it was sort of legal. Dueling was legal. No you know what it wasn't legal at this point. Okay it's
Starting point is 00:24:00 complicated. So it's still it's still legal in a way. I guess I guess it's like jury nullification. So they had made it illegal in certain places but the juries would never convict anybody. Does that make sense? Oh okay. So it was like it was legal. A baseless law essentially? Yeah a baseless law. Okay. Yeah. So you could they just said that. Right. They walked 20 yards turned and emptied their guns. Because the truth is if anyone in the jury went against you you'd be like motherfucker if I get out of here I will duel your ass motherfucker. Two paces. Swords. Broderick and Smith walked 20 yards turned and emptied their guns.
Starting point is 00:24:44 Broderick missed with every shot. Smith hit Broderick in his with his final bullet but it hit a watch Broderick carried in his pants. Wait a minute. Which saved his life. And then that was in every movie from then on right. That actually did happen once. Oh god I hope he just I hope I hope he had one of those quippy movie lines. Yeah. Guess my time just wasn't up. I'm sure he did. A couple of weeks after this brush with death Broderick stood up in the Senate and apologized to ex-governor Smith. He knew he had to play nice to win that Senate seat. This was a time when almost everyone carried a gun or a knife in the
Starting point is 00:25:26 Senate of California assembly. We'll get back there soon enough Dave. But they would usually leave them in their desk before taking their seat. Around this time a state senator named Steven Field introduced a resolution to impeach a local judge. Another senator named Moore. Yes the same Moore that had pointed gun and Broderick's face in the street. Was friends with a judge and was not pleased with the impeachment resolution. So Moore went up to address the assembly but before he did. No. He went over to his desk. No. Took out two pistols. Dude. Cocked them and put the guns on top of the podium. He then
Starting point is 00:26:04 savagely attacked Senator Field in his speech. Dude. It's fucking insane. I think that Republicans would elect a guy like this still. Yeah. Field tried to get two senators to take his challenge to duel Moore. But those senators refused. I'm not gonna take him. Come on motherfucker. The guy with the guns? Yeah. I'm not gonna take the the guy put the guns on the fucking podium. Go for it. I'm not gonna take him alive. Come on. I think he's all barred. He thought he had fucking cock guns. Come on. He was a pussycat. Field was bummed out that no one would help him and he felt like he had no friends and later that night he ran into Broderick who listened
Starting point is 00:26:46 to his story and said he would take the duel challenge to Moore. Moore declined the challenge because he was gonna run for Congress. Now what had happened was California passed a new law that said that if you fought in a duel you couldn't be elected to a higher office. You couldn't be? No. Dude. What kind of like caveat is that? I don't know. Were you born in this country? But are you over 35? But if you were already elected and serving in that office then you could fight in a duel. And elevate your status? If you were already a US senator you could fight in a duel and you wouldn't lose your seat. But you couldn't be president
Starting point is 00:27:30 per se. Right. Man these are the tough choices that face the nation. That's a good law. Moore so Moore wouldn't accept the duel challenge but he did say he would fight field in the street. Broderick thought that was bullshit but set up the time and place for the two senators to fight in the street. Oh man. Men are the best. But Moore backed out an hour later through a friend. So Broderick told the friend that field would stand up when the assembly met next and call Moore a liar and a coward. Jesus Christ guys. The friend said that Moore if he did that Moore would shoot field in the head right in the Senate. This is so gossipy. Just like
Starting point is 00:28:21 high school clicks being catty. Well you tell him right that if he does that I'll fucking shoot him in his head on the goddamn floor. And then Broderick said in that case there will be others shot too. And also I'm gonna shoot his friends. The Senate met later that day with Broderick sitting next to field armed. Around them other senators sat fully armed ready to shoot if needed. Oh boy. Both field and Moore stood up. The speaker recognized Moore who then read an apology. That was the end of what was almost the California Senate Assembly massacre. I mean you know okay. If he had recognized the other guy first yeah it
Starting point is 00:29:02 would have been a shootout in the fucking California Senate. But you know you sit here like if you're in this country right now and you think about like our Senate or our Congress what it needs is a shootout. Then you could just kind of clean the slate a little bit. I can't really do that. You know if they came out we're like all right well 19 new states need two senators you'd be like shit this is gonna be fun. I'm gonna get some new blood in there. So these kind of acts help secure Broderick's power. His term as state senator ended and he returned to SF and continued ruling the town. He started the city's first fire
Starting point is 00:29:38 company Empire Engine number one. The city at the time still had immigrants pouring in to make their fortunes in gold and that meant criminals were everywhere and so were guns. Everyone had a pistol or a bowie knife. There were constantly duels and fights. There were a few police and arrests weren't common after a killing. No the cops are just like you realize you can't be president. You've just waived your right to be a senator. You could have been president. Now while we're not gonna arrest you I think you got some heavy stuff to think about for the rest of the day. What about the fact that I am an idiot. Yeah well listen
Starting point is 00:30:13 I don't think that stopped anyone. Hold on both of you move away from the body now neither one of you can be president. No no no no no no no no no no yeah that's right stupid. The local prison was a ship. Eventually a vigilante committee appeared to keep order. Always a good sign. Broderick is not. Broderick usually did not carry a gun. He thought that men who carried guns and walked around armed were cowards. Well why would he carry a gun he could just call someone a pussy and they won't do anything. That's right. In 1955 Broderick used his increased wealth and power to try and get that seat on the US Senate. Quote my goal is the Senate
Starting point is 00:30:56 and I will arrive if living. Why to sit in the Senate of the United States as a senator for one day I was consent to be roasted in a slow fire on the plaza. Sorry what's his campaign slogan. If I could be a senator for a day you can roast me like a piggy. You can burn me alive just one day. Oh yeah okay let's do that. Alright and what the other guy's platform is he's gonna lower taxes. Is this a promise. It's a fantasy. I don't know what to call it but I would just love it to be roasted on the Senate floor. Oh that was great. A cat just ran by with a thing in its mouth. I don't know what that was. Broderick was also known to say
Starting point is 00:31:44 that any man who did not assist him was his enemy. Interesting. And there were many. We either loved him or hated him. The state Democrats broke into Broderick and anti Broderick camps. Okay. Several local Democratic Party groups in counties held Broderick and anti Broderick local meetings and elected testing delegations to the State Democratic Convention which would choose the senator. He's like Clinton. So now part say the county level they're splitting up and they're forming different parties and instead of setting one group they're setting two. Good. It's a total clusterfuck. Not polarizing. But
Starting point is 00:32:21 Broderick as chairman of the State Democratic Committee would preside at the first session and entertain preliminary emotions. Now this took place in a church. Broderick was forced to pick two chairman at the convention. One for him and one against him. It's a very awkward position. Okay so I'll take Jimmy. Hey Jimmy. How are you? And then that cunt. Yeah I fucking hate your guts you son of a bitch. Come on up here you fucking animal. Hey why don't you come down here you piece of garbage. Hey garbage coming up. Hey everyone look out we got a stinky roasted pig up here you piece of shit. The one the one against
Starting point is 00:32:59 him was escorted to the front of the church by 30 men carrying pistols and knives. Alrighty. One of those men was a large gentleman walking in the back. His name was David Terry. Oh boy. Terry had spent his time in California raising his profile as an attorney. He was now a very respected member of the bar and though some wanted him to run for governor he had his eye on the California Supreme Court. But the mess the Democratic Party was currently in was leaving a sour taste in his mouth. Everyone in the church was armed at this point. It was incredibly tense. Someone accidentally discharged a gun. Sorry. It did not turn
Starting point is 00:33:37 into a massive gun battle. My bad. Sorry guys that was an accidental one that is not a prov- that's not a provoking shot. Into the floor. Sorry. Into the floor. All right. Okay. Happens to all guns. Fucking Bob. Though when the shooting happened a couple of men did jump through the church windows. Whoa. Oh man. That's a real pussy riot. That's so great. These are things that like they sound cartoonish. They put in movies but they're really happening. Yeah. Watches are stopping bullets from hitting arteries. Someone hears bad news. They jump out a window. Men would get up to speak and would be shouted down by the other group. In the end
Starting point is 00:34:24 the Democrats could not choose candidates and the party split for the election which made the Wig Party very excited. Think of all the things we can wear. But the Wig Party we're still not too about to win in Democratic California. It's hard to get taken seriously when you just have like Afro and Mohawk wigs on. That's true. The split in the Democratic Party made for a rough election day. At one poll in SF Colonel Payton confronted Broderick over the ballots. Payton reached into his pocket revealing a pistol but Broderick already had his hand in his pocket and said coldly move Colonel Payton and you
Starting point is 00:35:03 are a dead man. There is no need for us to kill each other or to have a personal difficulty. Let us take a boat on the bay or a walk under the trees and talk over this matter. If we cannot agree then I am ready to fight to the death or to any extent that you may elect. Payton agrees. Wait excuse me. Are you telling me my options are to go on a date with you or fight you? Here's the deal. Moonlight walk, hand holding, maybe a little bit of kissing or a shootout. No mouth kissing. Okay. All right. That's fair. And we can hold hands but if someone is uncomfortable and another person's hand gets sweaty
Starting point is 00:35:46 you can drop it right away. Okay. I want neck nuzzling. I will goddamn not nuzzle your goddamn neck. I'm fine. A little bit of neck nuzzling and kissing. Okay. But I get to say when we're done. That's fair. And don't say you love me or anything. What if... What? What if I do? What if you... Well what if that's the greatest thing I've ever heard? Get over here. Drop your gun. Payton agreed and they went for a walk and talked and ended up lifelong friends.
Starting point is 00:36:28 When the legislature met in 1956 they were to choose a new U.S. senator. Broderick was favored over Gwynn, the previous senator. Gwynn was a transplant from Mississippi and known to be a southern gentleman. He had of course fought a duel in 1853 against an ex-member of Congress. They chose rifles and were 40 yards apart. They shot at each other three times each and then ended the duel. No one was hit. That's so awkward. And it's so awkward. Yeah. You're so fired up. Well first of all the guns sucked compared to gunsmen.
Starting point is 00:37:00 Yeah for sure. And then also most people aren't a good shot. But I mean if you went to one it's yeah it's like when you go to see like a soccer game and it's zero zero you're like yeah well yeah I just would rather know that someone won. Someone just hit someone. Jesus. But at this point the Broderick factions had a bigger problem. Their split had led to the formation of another party and the election resulted in a bad situation. It was the time of the rise of the Know Nothing Party who were against immigrants and mostly Irish.
Starting point is 00:37:30 Many were former Democrats. They had gained a majority in the California Assembly and now could elect a senator. The Democrats came back together because this opposing party was a serious threat. David Terry was one of those who walked away from the Democratic Party during the split. Though he was friendly with Broderick he chose to support the Know Nothings. And he was rewarded for that support being nominated when Chief Justice Alexander Wells stepped down. And by stepped down
Starting point is 00:37:59 I mean into dirt he died in October 1854. The final step down. The last step down. Being placed on the court Terry felt that he would be free of all political wrangling and independent of special favors. He took a seat in October 1855. In his first year on the court the corruption in San Francisco was at its peak. The citizens had pretty much had it. The election of 1855 had been so blatantly corrupt that the city's businessman and main citizens organized a vigilance committee for the public safety and security.
Starting point is 00:38:31 A local paper the evening bulletin wrote a story that this that city councilman Casey had been stuffing ballot boxes. Casey responded by walking into the paper and shooting the writer in the head. Okay. Okay. I mean it was a different time. That's interesting. It's an interesting way of handling it. The committee was as long as they defined that act as an editorial I think they're okay. Sir I have a rebuttal. And again this is my personal opinion.
Starting point is 00:39:07 Does not reflect the opinion of the evening bulletin. Uh the vigilance committee was quickly organized and Casey was hung. The committee was ruthless going after those believed to be criminals and soon Broderick and many of his fellow CREP city employees fled the city to the inland. California law authorities hated the committee but were powerless to stop it. Criminals were arrested, tried in committee courts, and hunger otherwise punished. The majority of Californians
Starting point is 00:39:39 were for the vigilante committee. Okay. But Judge Terry was strongly opposed. Terry issued a writ ordering the release of a prisoner being held by the committee. His order was ignored. Actually they never got it because when the sheriff arrived to deliver it at the vigilante fort he didn't have the proper password and wasn't allowed in. What? What's the password? Uh no that's not how this works. What's the uh password? I don't I I'm not
Starting point is 00:40:11 no I'm not trying to hang out. I have to. Vigilant committee password please. I don't know the password so I don't I mean I could sit here and I could guess but I just don't know. Okay well you can't come in. Dogs. No. Trees. One more guess. What you didn't tell me there were three guesses when I started I wouldn't have led with dogs if I knew there's only three. What are you a fucking genie? You keep doing a password you get locked out. All right is the password password? You're out. God damn it! It's ridiculous. Then he just comes back with his finger on his lip.
Starting point is 00:40:39 Hello. I would like to get inside. So Terry decided to go to San Francisco himself but once he got there he was told there was no point in trying to talk to the committee so he prepared to leave and was going to take with him a man who was wanted to be a witness in front of the vigilance committee. The committee sent one of their police officers sterling Hopkins to get the witness. When Hopkins came and tried to get the witness Terry explained who he was and that the vigilance committee wasn't legal so Hopkins left and came back with
Starting point is 00:41:11 reinforcements and now Terry and his group were armed and Hopkins tried to take Terry's gun away from him and they struggled. Oh boy. The gun went off and Terry thinking he was now fighting in a battle for his life pulled out his bowie knife. No. No. He yelled. Pump the brakes man. Pump the brakes. He yelled. Quote. Damn you. If it is kill take that and stab Hopkins in the neck. Severing his corduroy artery. His corduroy artery?
Starting point is 00:41:43 Keratoid? Not his corduroy. What's the artery? This is missed. This is what I got. Listen. I got one of those. I got one of those respels. Oh. I mean listen. I know most of the arteries but this one. The big thick one in the neck. Right. The fatty. Yeah. No. Hey please. You don't have to all tweet at me. Yeah. I'm sniffing around it in my head but I got it. It's in my brain. Anyway so he stabbed him in the throat. Because I know it's not corduroy because that's what it says here. I mean if it was
Starting point is 00:42:14 that's you know that's a good it's it's a good material artery. And the man stumbled off bleeding from the neck. Terry and his crew retreated into the armory. Soon 4,000 men were outside looking to lynch Judge David Terry. I mean he's a judge. They don't fucking care. Yeah but no no no no they shouldn't care. It's street rules. Yeah I agree. You can't be a judge stabbing fucking corduroy arteries. Motherfucker came at him with a knife bitch. Yeah I agree but still. So he's holed up. Oh that cat. He's holed up right with his boys.
Starting point is 00:42:52 Everyone outside demands that he surrender. Negotiations are undertaken and it is agreed that he would surrender if his safety is guaranteed. So he came out and then he was put into the vigilance committees prison. Perfect. Hopkins somehow was still alive but just barely. Now they were waiting to see what would become of them. The thousands of men who were part of the committee were demanding Terry be hanged. Okay. The entire state was now focused on the issue at hand. A Supreme Court justice was in the cell of a vigilante group.
Starting point is 00:43:26 It's great that that's the big matter at hand. Letters poured in from everywhere. The governor asked a ship in San Francisco Bay to intervene but the captain of the ship was told by his superior officer that what was going on in San Francisco was none of the military's business. Little fucker. Finally a meeting was set up by Gwynn, Senator Gwynn with the local heads of the military and the heads of the vigilance committee. Okay. It turns out the vigilance committee had no idea what to do. They felt like they had captured a
Starting point is 00:43:59 whale they didn't want. They were hoping Hopkins would recover and they could let Terry go. The heads of the vigilance committee said they were now being threatened with death if they let Terry go. Look we don't know what to do okay. We're the we're the vigilante. Look we're the vigilantes but now we're sorry. There are vigilantes are going to kill us. We're sorry okay. Please. But the meeting still ended with the military and the vigilance committee heads screaming at each other
Starting point is 00:44:31 and no resolution to the problem. Perfect. Luckily Hopkins survived. Then a trial was held in front of a 36 man jury. Terry was found guilty. It's a huge jury. Yeah that's three times the size of our standard jury. Yeah but but everyone wants in on it. Yeah but it ain't a fucking cocktail party. I know but there are vigilante vigilante so they all want in on it. Hey man can I get a plus one for the jury tonight? So he was found guilty of resisting an officer of the committee. He was found guilty of two counts of assault.
Starting point is 00:45:06 Other charges were dismissed. He was sentenced to banishment. What? I... Excuse me? You have to leave. I'm sorry the sentence is... You have to leave? How long am I going to be imprisoned and will I be killed for my actions? You know how you want to leave? Yeah. You have to leave. Get out! Thank you. And they recommended that he resign from the Supreme Court. And you should also not be a Supreme Court judge. He was set free and taken back by
Starting point is 00:45:44 ship to Sacramento where there was a big party held for him and he returned to the bench. Terry was just 32 years old at this point. What? It's like when Lindsay Lohan left jail. Every judge on the Supreme Court at the time were from the south and believed slavery was divine intervention including Terry. Slavery was of course at this time a serious issue in America. The current big issue was whether Kansas should be a slave state or not. Gwynn was for Kansas being pro-slavery and Broderick was opposed.
Starting point is 00:46:14 During the break in Congress in 1858 they headed home to try to make their opposing arguments to California and the convening legislative convention. Things did not go well for pro-slavery folks at the convention. One of those was Judge David Terry. His nomination to be reelected to the court was defeated. Terry blamed his defeat on the anti-slavery Broderick. A man who up until now had been one of his friends. Broderick was nominated and would run against Gwynn for the Senate.
Starting point is 00:46:46 Terry made an angry speech after his defeat to his fellow pro-slavery party members. Quote, who have we opposed to us? That's a terrible. Yeah. A party based on. His speech is upside down. He's like sorry let me just rearrange that. Sorry. Who have we opposed to us? A party based on no principle. A miserable remnant of a faction sailing under false pretenses. He's calling the other faction that? The Broderick faction. Yeah. Okay. There's a pause. They have no distinction they are entitled to. They are the followers of
Starting point is 00:47:24 one man. The personal chattels of a single individual whom they are shamed of. Great applause. They belong heart and soul. Body and breeches to David Broderick. Laughter and applause. It is a funny joke. It is a funny joke. I mean that is funny. But that is so like okay whatever. Broderick read this letter the next day in the paper and was pissed. Did they somehow mention forget to mention that he was elected senator? Who Broderick? Yeah he's already been elected. After the Supreme Court? No that's
Starting point is 00:48:02 Terry. Oh right. The other one the other guy Broderick was already elected senator. Okay. At the convention. Anyway he won the last one. Okay. Okay. Broderick read this in the paper the next day and he was pissed. He happened to be eating with several men that day. One in particular was named DW Pearly. Pearly happened to have been Terry's law partner for a long time. Uh-oh. And he was a southern gentleman. No boy. Broderick looked at Pearly and said I see your friend Terry has been abusing me. And Pearly was like what's this now?
Starting point is 00:48:32 Can I just have my eggs Benedict? What are you talking about? What's happening? And Broderick said the damn miserable wretch after being kicked out of the convention went down there and made a speech abusing me. I have defended him at times when all others deserted him. I haven't like seen him in a couple years. I paid and supported three newspapers to defend him during the vigilance committee days and this is all the gratitude I get from the damned miserable wretch for the favors I have conferred on him. I have hitherto
Starting point is 00:49:00 spoken of him as an honest man. I take it all back. Well I don't even like. He's just as bad as the others. Like I don't even like I wouldn't even call him a friend anymore to be honest. Yeah. Between me and you like I feel like you know we've lost touch. For sure. Shut your slavery hole. Alrighty. By others Broderick meant the other racist on the Supreme Court. Sure. Pearly said he would inform Terry of the language Broderick was using concerning him. Broderick said go ahead and Pearly became more upset
Starting point is 00:49:29 saying Broderick wouldn't say it to Terry's face. And Broderick was like yeah I would. Don't say that to him. Do not provoke him. This is a Twitter argument now. Yeah honestly. It's like that Twitter argument. Do you ever see that Twitter argument where like I can't remember there's some kid in England who just like was talking shit to a boxer who lost and then the boxer like found out where the dude lived and started live tweeting like his ride over to the dude's place and the dude was just like all right man look I said I was
Starting point is 00:49:57 sorry okay you're great. And he's like oh look on your street. Okay well a guy today was arrested because he was playing a game and in the game he got stabbed by a character and for six months he searched and searched and searched and he finally found out who the guy was and he went to his house and stabbed him. No way. What? He lived but he stabbed him. Oh my god. But it lowered the dude's power a lot. Yeah it did lower his power. His health went down. Then the next day Perley sent a letter demanding an
Starting point is 00:50:32 apology from Broderick or else. But the friend of Terry who brought the letter gave it to a servant who then gave it to Broderick. Naturally Broderick was insulted to get a dual letter from a servant and refused it because that's just lame. Then the two guys who brought the letter who were outside waiting came in and made the challenge in person but Broderick was still insulted because the letter came to the servant and he refused to answer. Nope not answering. Two days later he sent a letter to Perley and
Starting point is 00:51:09 now he was doubly insulted because dual challenges were supposed to be secret but Perley had gone to the papers. Oh my god. He then explained. Have you no etiquette for how to murder each other in the streets? God man we're trying to kill each other. Not write a book. He then explained that because Perley was so beneath him in social standing that he couldn't accept his challenge even if he wanted to. Wow. I don't fight undercards. But that actually makes sense because if you're a senator you could only fight people who are of your level because
Starting point is 00:51:42 if you accepted duels then every fucking idiot in the world would want to duel you. It's true. Floyd Mayweather can't box everybody. That's right. And also Perley was still a British citizen so that's obviously who's going to fight a Brit. Yeah of course. You'll cut your hand on their teeth. Basically there were so many things wrong with Perley's dual challenge that it was insane. Okay. You fucked up left and right. It's just honestly I have a lot of notes. Worst dual challenge ever. It's a page one rewrite. Page one. How about you come back with someone of my level. Okay.
Starting point is 00:52:18 And you hand me the note in person. Alright. Not through a dog or whatever you're thinking of. And then maybe we'll talk. Maybe. Maybe. So Broderick went on the offensive. He gave speeches beginning at August 9th in Sacramento while he was on his election run. They were attended by huge audiences. His goal appeared to goad Gwynn into a duel. Okay. That's that's how you really make a campaign catch fire. Well so he's running against a guy. Might as well try and shoot him. He read letters that proved Gwynn was lying about matters related to running for the Senate. In his speeches he said quote Gwynn was dripping with corruption
Starting point is 00:53:02 and he had another letter from Gwynn himself that humiliated Gwynn and became known as the scarlet letter. Gwynn followed him to each town and gave a response speech that was equally angry and ugly. It became common understanding to everyone in the state that the only way this could be settled was for the two men to duel. Now gentlemen let's say cooler minds prevail. The only way to settle this is to have them try to duel again. Shoot each other in the faces. Though most people in California at the time were against the idea of duels it still continued as a way to settle grievances. It was expected there would be a duel after the election. Sure. Election day came and Broderick lost.
Starting point is 00:53:51 Then the public waited. Broderick at this point was known to be one of the best pistol shots in the state. It was also known that Gwynn was pretty much shit with a pistol but pretty decent with a rifle. But the man who was actually waiting until the election ended to receive an apology or challenge Broderick to a duel was Judge Terry. Okay. He was also not great with pistols. Okay. All of Terry's friends agreed that Broderick would rather apologize to Terry than duel with him because the two men had been friends for so long. On the 8th of September he went to Sacramento and had a friend deliver his letter to Broderick. Broderick wrote back that he needed to know exactly what Terry found offensive. So he's basically fucking with him now. Yeah. So he gets
Starting point is 00:54:41 a duel letter to guys. Like I was offended by your language. He goes why don't you tell me exactly what that language was. God damn it. Yes or no. Well no. Why don't you say the word. What is it that I said that made you get all upset. Do you want a duel or not. What's the exact words. He say wretch. I'm not you motherfucker. So Terry sent a note paraphrasing the offensive statements Broderick made. Broderick then wrote back a letter that contained exactly what he had actually said. It would be better if he wrote back new phone who is this. And then he wrote it's up to you whether or not those words would offend you. That's such a dick. No apology nothing. Then Terry requested a duel. I want a duel. Terry chose Mr. Benham as his second and Broderick
Starting point is 00:55:37 chose ex-Sheriff David Colton. Broderick chose Lake Mercedes the place and pistols as weapons. Ten paces would be the distance. Friends of the two men tried unsuccessfully to negotiate a truce to stop the duel. They arrived at the location the morning of the duel and were preparing for the duel when the chief of police arrived and arrested everyone involved. It's so funny because like when you're hearing stories about this time you don't really know what the law is. So the idea that after all this becomes like no get the fuck come on you guys get in the goddamn paddy wagon. Come on. They were sent to appear in court that day. They appeared before a judge. A judge who had been elected on the vigilance committee's ticket.
Starting point is 00:56:28 Oh good. The judge decided all was good and released them. All right. So what is everything. Of course he's a fucking vigilante. Why would he yeah kill each other. So then what is this what's the sheriff doing. So they made an agreement to duel the next morning at the same Jesus Christ. The sheriff was just like fuck it. This is like state versus federal law. No the sheriff was like what's the fucking point. Well yeah but but he went there to arrest them initially right. Yeah but then he did arrest him and the judge was like yeah. So then he's like so the next morning there about 80 spectators there to watch the duel. Terry stared at Broderick and Broderick avoided his gaze because Broderick was challenged. He could choose everything including
Starting point is 00:57:13 where. So as the sun rose he was positioned with his back to the sun and Terry was positioned looking into it. That's tough. You couldn't have to look into the fucking sun and duel. No what do they do like a coin toss. No I pick this side. Yeah no I know. But also if you're back if you're backlit it might work out great to shoot the guy. If you're backlit I think yeah. If you're yeah if you want to be pacing into the sun so that when it's dual time you turn around and that person's like yeah and you're just standing there like the you know an angel. Terry told the second that Broderick appeared to not be up for it. He looked like he was in a trance. This may have been because he really wanted to duel Gwyn who he had never liked instead
Starting point is 00:58:01 of Terry a man he considered a friend. Terry felt the same. He said quote I will hit him but I do not want to kill him. Both never asked if they were ready and they responded ready. Then Broderick second said fire one two. Broderick fired first and hit the ground nine feet away. All right perfect warmer take that. Getting closer. Terry fired second. Broderick was hit in the right lapel of his coat. Dust flew out quote a visible shuttering of the body was instantly perceptible then a violent contraction of the right arm a relaxation of the fingers on the right hand from which the pistol dropped to the ground. A heavy convulsion shook his quivering form and he turned toward the left his dead dropped his body sunk his head dropped his body sunk his left knee first gave way then
Starting point is 00:58:55 the right and in a moment he was half prostrate on the sod his left arm supporting him from falling prone. That that is how you die in a movie too. Terry then left the ground thinking the wound was not mortal but enough to end the duel. Time. Time. To car. Two surgeons attended Broderick and he spoke calmly. Also not too concerned about his condition. They gave him brandy and banished him. Okay. Yeah. Have you want a little pop? That's how I want to go. You want a pop? Yeah. Broderick was taken to the house of a friend. Terry went back to San Francisco in a boat. But upon examination it looked like the bullet was in a place that would lead to recovery. He stayed in bed for two days and everyone expected him to recover. Then he died on the third day. Jesus. During the autopsy
Starting point is 00:59:47 was learned the bullet had pierced his lung and he could not have survived. After the good surgeons. Yeah. I think he's fine. He's gonna be good. He's gonna be good. Did you have a pocket watch? Oh, he is dead. Oh, you know what? That bullet went right through him. Yeah. Look here. The lung. Yeah. The lungs totally punctured. I thought it hit the jacket. Yeah. I don't know. Well, you should have taken the jacket off. In retrospect, we should have taken the jacket off. It bounced off. What's lunch looking like? After the funeral, many demanded vengeance. Terry resigned from his position on the court, which he was to step down from anyway, because he had lost the election. Oh, wow. That's pretty bold.
Starting point is 01:00:27 Papers all over the state stirred the anger. Gwyn also became the focus of people demanding justice. The phrase, they have killed me because I was opposed to the extension of slavery and a corrupt administration was assigned to Broderick. So people said that he said that before he died. Catchy. People just would not accept that the most ugly campaign in California election history had ended this way. When Terry returned to Stockton, he found a public opinion so firmly one sided against him that he surrendered to authorities and demanded a trial. Okay. Love the guy that's like, I want to arrest me. Put me on trial. Put me on trial right now. Excuse me. Put me. A dead Broderick was proving more powerful than an alive Broderick had ever been.
Starting point is 01:01:16 Oh boy. His supporters rallied against the pro-slavery sympathizers who had killed him. Words he had never said were put in his mouth. Terry was tried and found not guilty. Okay. But the political atmosphere with the slavery question tearing the country apart was highly charged. Congress declared a 30 day mourning period. Local buildings like firehouses were draped in black. Around 300,000 people filled Portsmouth Square for his funeral. He was called the Pacific Coast Lincoln. Wow. So now they're turning this fucking corrupt asshole into a god. He's Morrison. Because he was shot by a pro-slavery guy. Right. He's a martyr. Terry's life, meanwhile, was in ruins. I wish I had died. He could no longer.
Starting point is 01:02:06 He was no longer a judge. He could no longer get any work as an attorney. Terry headed for Virginia City, Nevada to have a go in the world of mining. He remained there for four years and but then people kept jumping his claim. So he returned to Stockton and restarted his law business. But now time had passed and he was successful again. People now blame the party and the system more than him. Though he was still a political non entity, he was still southern through and through. And in 1863, he left and joined the Confederate Army during the war. His older brother Benjamin fought in the Civil War for the Confederate Army and was killed in battle. His youngest brother was an attorney. While in Richmond on business, he joined up a
Starting point is 01:02:51 General Wharton and headed for the Battle of Shiloh. He was supposed to just be a witness to the battle, but he was killed during the first day of fighting. Jesus. So where do I sit where I won't get incoming? David Terry. Oh, boy, that's a fucked up corduroy. Oh, David Terry fought for the Confederacy for a long time and was eventually injured and returned to California in 1868, where he took up his law practice again. Things stretched along until he became involved in a strange case. Sarah Hill had become the mistress of Senator William Sharon of Nevada. At some point, she claimed they were married and Senator Sharon said they were not married and he sued her to stop her from using his name.
Starting point is 01:03:43 Okay, this is a crazy lady. We're married. We're not married. We never married. I have your name. I'm suing you to stop. What the fuck is happening? What's for dinner? So Sarah hired David Terry as her lawyer. Okay. The court determined that the marriage license was a forgery and Sarah appealed. While the case was unappealed, Senator Sharon died. Okay. Sarah then married David Terry, her lawyer. What? Is this a lifetime movie? The judge overseeing the appeal was Judge Field. Was their son? Judge Field. Oh, god. You remember Field? Yeah. He was the guy who got, who almost started the California Assembly Massacre. Okay. They had a big thing with Moore. It's perfect. This really is the third act.
Starting point is 01:04:43 And he was a close friend of David Broderick, as you recall, because Broderick sat next to him with the guy in the thing. He, of course, upheld the appeal because Terry fucking... I mean, honestly, this is becoming a teller novella. Sarah went ape shit and started trashing the courtroom. A marshal tried to arrest her, so Terry punched the marshal in the face, knocking out, knocking out a tooth. And then everyone started chanting Jerry. Terry was then dragged out of the courtroom by a crowd where he pulled out his bowie knife and threatened to cut anyone who touched him. What is happening? Then a guy named David Nagle
Starting point is 01:05:22 managed to get the knife away from Terry. Justice Field sentenced both David and Sarah Terry to jail for contempt of court. Okay. And they were allowed to live in a cell together. That didn't calm things down. Oh, god. David Terry kept making threats against Judge Field while he was in jail. That's not good. That's not how you get out. He swore revenge. Oh, god. So it was decided Justice Field should have a bodyguard. The bodyguard who was chosen was David Nagle, the guy who had taken the knife away from Terry. You seem really good at getting him to stop. You should do this.
Starting point is 01:06:02 Okay. Oh, right. He was deputized. The Terry's were then released from jail after serving their time. Okay. They sound like the Coyds a little bit. They got on a train that also happened to have Justice Field and Deputy Nagle as passengers. What? I don't know. The next morning, this worked out great. At Lathrop Station in San Joaquin Valley, passengers got off to have breakfast. Justice Field was eating in a restaurant and the Terry's entered. David Terry walked up behind Justice Field and slapped him twice in the face. Oh, man. It's great that Bitch Slap has translated all these years still.
Starting point is 01:06:51 Deputy Nagle rose up and yelled, stop that. I am an officer. Good job, Deputy. Terry then reached inside his coat and Deputy Nagle drew his pistol and shot twice. David Terry was killed instantly, shot in the heart. Nagle was arrested. But the Supreme Court ruled that Nagle was acting under the authority of the law of the United States and was justified in doing. And that he was not liable to answer in the courts of California on account of his part in that transaction. Up until then, there had been no specific law authorizing protection of judges. So the decision greatly expanded executive authority.
Starting point is 01:07:31 Yeah, it really does. Sarah Terry went insane. She sounded like she was kind of headed that way and was committed to the Stockton State Hospital where she lived for the next 45 years. Sounds pleasant. Not long after the duel of Terry and Broderick, both public opinion and legislation turned strongly against the custom of dueling, the death of Broderick pushed California from being a southern sympathetic state to one aligned with the union. That's a big move. Yeah. So it was worth it. Yeah, it was. Yeah. But dueling is still not illegal in some states. Good.
Starting point is 01:08:16 Everybody wins. I just never understand the point of law. Like you make laws, you know, you make the ideas that you make laws so that you have, you just have established the one rule. But then in this country, there's so many different, you know, so many subcategories of what you can do with the law. Yeah. I mean, it's almost like our political system is totally fucked. How far away are we from dueling again? Well, that's what I was saying about like the Senate, like the like you really think about it, like you'll see a lot of senators like in there with a fucking gun in their hands, like, you know, making some display of like the right to bear arms. But and then when you hear about like school shootings and stuff, like,
Starting point is 01:09:00 you know, one of the more frustrating pushbacks on it is like, look, if teachers could have guns, this would stop. So it's like, it feels like we're headed more in that direction than no guns. No, no, those are no, I would say what people don't know is that on the local level, the NRA is losing massively. Are they? Yeah. For the most part, yeah. I guess we might just have to pry it from their cold, dead hands after all. I would like to be like, fine, we'll take it. Well, that's all good stuff. Great. That's California. Great. We're signing cars. We are signing cars and all events and live events will be signing cars.
Starting point is 01:09:42 Good night and Merry Christmas. Yes.

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.