David S. Terry | |
---|---|
4th Chief Justice of California | |
In office 1857–1859 |
|
Preceded by | Hugh Murray |
Succeeded by | Stephen J. Field |
Personal details | |
Born |
Russellville, Kentucky |
March 8, 1823
Died | August 14, 1889 Lathrop, California |
(aged 66)
Political party | Democratic |
Spouse(s) | Cornelia Runnels Sarah Althea Hill |
Relations | Benjamin Franklin Terry (brother) |
Profession | Attorney, politician |
Military service | |
Allegiance |
United States of America Confederate States of America |
Service/branch |
United States Cavalry Confederate States Army |
Rank | Colonel |
Unit | 8th Texas Cavalry |
Commands | 37th Texas Cavalry |
Battles/wars |
Mexican-American War
U.S. Civil War
David Smith Terry (1823–1889) was a California jurist and Democratic politician, who was the Chief Justice of the Supreme Court of California, and the primary author of the Constitution of 1879. He also won a duel with U.S. Senator David C. Broderick in Broderick's second duel in 1859. He died in 1889, after being shot by a bodyguard of U.S. Justice Stephen J. Field.
Terry was born in Todd County, Kentucky. In 1831, his family moved and settled in Brazoria County, Texas until David Smith himself moved to California in 1849. From 1855 to 1859 he was a California State Supreme Court Justice, serving as the 4th Chief Justice of California from 1857.
In 1856, the State of California declared San Francisco to be in a state of insurrection. Judge Terry travelled from Sacramento to San Francisco to negotiate, where he was kidnapped by armed gunmen, but he managed to stab one, Sterling A. Hopkins, a member of the San Francisco Committee of Vigilance, who was not tried.
A prominent incident in Terry's life came about when he took up the cause of the 'Widow Sanchez'. Maria Encarnacion Ortega de Sanchez, the widow of a wealthy rancher, was being cheated by local authorities, including the Sheriff, William Roach, who took her fortune under the guise of guardianship. After kidnapping Roach with the help of a local gunslinger named Anastacio Garcia, they held Roach in a jail cell in Stockton until he agreed to release the widow's gold. But Roach had bribed a guard to ride to Monterey and urge Roach's family to hide the gold. The treasure was hidden somewhere in Carmel Valley by Roach's brother-in-law, Jerry MacMahon. MacMahon was killed in a barroom brawl before he could reveal the location of the money. With no more gold left to the widow, Terry lost interest in her case.