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David S. Terry

David S. Terry
David S. Terry.jpg
4th Chief Justice of California
In office
1857–1859
Preceded by Hugh Murray
Succeeded by Stephen J. Field
Personal details
Born (1823-03-08)March 8, 1823
Russellville, Kentucky
Died August 14, 1889(1889-08-14) (aged 66)
Lathrop, California
Political party Democratic
Spouse(s) Cornelia Runnels
Sarah Althea Hill
Relations Benjamin Franklin Terry (brother)
Profession Attorney, politician
Military service
Allegiance United States United States of America
 Confederate States of America
Service/branch CavalryBC.png United States Cavalry
 Confederate States Army
Rank Confederate States of America Colonel.png Colonel
Unit Texas 8th Texas Cavalry
Commands 37th Texas Cavalry
Battles/wars

Mexican-American War
U.S. Civil War


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.


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