his treatment of Terry. For which, honored among lawyers, be the name of STEPHEN J. FIELD! I came to know somewhat intimately the retired judge to whom I have referred. He was a gentleman of great amiability and of high judicial and social reputation. By some inexplicable disease he became almost blind, and I found that an element of kindly sym pathy pervaded the universal respect in which he was held. His courage had been put to severe tests while on the bench, and it was questioned by nobody. "Terry is a murderer," said this judge to me one evening in a social conversation. "I do not guess at his guilt, — I know it, for I saw him murder Broderick; and a more brutal, cold-blooded murder was never committed." "I wish you would tell me about it!" I said. " I knew Broderick slightly, and I esteemed him. I should regard myself as fortunate if I could hear the story of his duel from one who was present and saw it." "You say you esteemed Broderick," re sumed the judge; " so did all gentlemen who knew him, for he was an able, chivalrous, and estimable man. He possessed great power as a public speaker, and his eloquent words pierced the tough hides of the brutes who called themselves the chivalry. They numbered, maybe, twenty. Terry was their leader. We had known for some time that they intended to murder Broderick, and we told him so on his return from Congress at the last session he attended. We cautioned him particularly to have some cool, prudent second if he decided to fight. But Broderick was chivalrous, and they played upon his unsuspicious, frank nature. It was easy to get his consent to use the pistols that be longed to one who was Terry's friend. After the selection was made, they were taken to a gunsmith, who fixed one of the hair-triggers so that a breath would discharge it. It was not difficult to get that pistol into Broderick's hands. The word was ' One-two-three —
fire! ' At the word ' One ' Broderick's pistol was discharged, and I saw the ball strike the ground not fifteen feet from where he stood. Terry aimed as deliberately as if shooting at a mark, and his pistol was not discharged until after the word ' Fire.' "As Broderick fell, all the seconds and friends rushed to where he lay; among them Terry's second, who shortly went back to where Terry stood. "' Where did I hit him? ' asked Terry of his second. "' A little above and behind the left nipple!' was the reply. "' That was just about two inches higher than I intended! ' was the cool comment of the murderer. "Terry has had fortunate escapes," con tinued the judge. "He would have been hung by the vigilance committee if his vic tim had not recovered. That was a foul and cowardly act. He took offence at a remark not made to him, drew his knife, and almost cut the man in pieces. I believe vengeance will yet overtake him, and that he will yet die by violence." This remark was made in October, 1886. It was realized before many years. I was present when the scene transpired for which Judge Field imprisoned Terry. I have never written a description of that scene. I will now do so as it rests in my memory. I write wholly from memory, without a docu ment or even a newspaper paragraph before me. In some proceeding in the State court one of the judges had affirmed the validity of the " marriage contract." Sharon then com menced in the Federal court an action to enjoin Sarah Althea from setting up that contract and to compel its cancellation. The merits of this action were decided in favor of Sharon. He then died. Sarah Althea mar ried Terry, and a motion was made to revive the action by Sharon's executors and for final decree. This motion had been fiercely contested, argued, and submitted. Notice
