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"Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State"

"
He then proceeds to speak of Judge Terry's duel with Senator
Broderick, in which the latter was killed. He refers to many eminent
citizens who have fought duels, although he admits that dueling is
a sin. He then explains that "as a rule the duelist who considers
himself wronged by another, having the position and standing of a
gentleman, tenders him an insult, either by a slap in the face or
otherwise, in order to attract a challenge. Such undoubtedly was
Terry's purpose in this case. All of Terry's threats point precisely
to that."
Here Mr. Montgomery seems to be in accord with Sarah Althea Terry,
who, as we have seen, stated that "Judge Terry intended to take out
his satisfaction in slaps." In the same direction is the declaration
of Porter Ashe, when he said:
"Instant death is a severe punishment for slapping a man on
the face. I have no suspicion that Terry meant to kill Field
or to do him further harm than to humiliate him."
And also that of Mr. Baggett, one of Terry's counsel, who said:
"I have had frequent conversations with Terry about Field,
and he has often told me that Field has used his court and
his power as a judge to humiliate him, and that he intended
to humiliate him in return to the extent of his power. 'I will
slap his face,' said Terry to me, 'if I run across him, but
I shall not put myself out of the way to meet him.


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