David S. Terry
David S. Terry was a prominent figure in 19th-century California, known for his career as a lawyer and a politician. He established his law office in Stockton in 1849 and became a member of the Know-Nothing Party. Terry was elected to the California Supreme Court in 1855 and served as chief justice from 1857 to 1859. While he was recognized for his legal abilities, he also had a reputation for a volatile temper, which culminated in a notorious duel with Senator David Broderick that resulted in Broderick's death in 1859. Later in life, Terry’s actions took a dramatic turn when he became embroiled in a conflict involving his second wife, Sarah Althea Hill, and her legal disputes. In 1888, he threatened a judge in court and was subsequently imprisoned. His pursuit of revenge against Judge Stephen J. Field led to a fatal confrontation in 1889, during which he was shot by a federal marshal. This incident eventually resulted in a significant legal case, determining the marshal's immunity from state homicide laws. Terry's life reflects the complexities of law, honor, and violence in the historical context of the American West.
Subject Terms
David S. Terry
Significance: Terry’s death during an assault on a Supreme Court justice resulted in a Court ruling regarding immunity for federal officials who violate state laws while performing their duties.
Terry opened a law office in Stockton, California, in 1849. A member of the Know-Nothing Party, Terry was elected to the state supreme court in 1855. Two years later he became chief justice, a position he held until 1859. Terry was popular and capable, but he possessed a violent temper and a southerner’s sense of honor. A verbal battle between Terry and Senator David Broderick led to an 1859 duel in which Broderick died.
Terry’s undoing took place in 1888. His second wife, Sarah Althea Hill, was involved in a bitter legal battle with her ex-husband, Nevada senator William Sharon. Acting in his capacity as circuit judge, Stephen J. Field, an associate justice on the Supreme Court, rendered a decision unfavorable to Terry’s wife, who exploded in anger. Terry then pulled a knife in the courtroom, for which he was imprisoned for six months. Terry vowed revenge, and in August, 1889, he attacked Field. Federal Marshal David Neagle shot and killed Terry. In the ensuing case, In re Neagle (1890), the Court determined that Neagle was immune from California homicide laws.