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Volume 060-1 - January 2006 (6 pages)
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Page: of 6
NCHS Bulletin January 2006
The duel was fought with Colt’s pistols at a distance of
15 paces. At the signal, Lundy fired; Dibble reserved his
fire, earlier stating that “he would draw Lundy’s fire and
then shoot him.” Lundy’s ball entered Dibble’s right side,
exiting the left side, at which time Dibble accused Lundy of
firing too soon. Dibble left the grounds but collapsed
several yards away and died shortly thereafter.
Lundy was convicted at trial but many citizens petitioned
Governor John McDougal to pardon him. McDougal, a
delegate to the 1849 California Constitutional convention,
was opposed to a law making dueling illegal, arguing that
society was benefited by duelists eliminating each other.
When Morehead and Morse came to trial, they claimed
that their indictments were brought by a grand jury with too
many members; the court agreed. Lundy was able to have
his case put off also.
A new grand jury indicted Morse and Morehead but their
cases, as well as that of Lundy, were put off. When brought
up a third time, the district attorney, John McConnell, declined to prosecute, stating that the case had already been
tried twice and that further proceedings would be an unfruitful outlay of public funds.
During the early stages of the judicial proceedings, the
Nevada Journal, owned and edited by Aaron Sargent and
William Alban, came out strongly against the practice of
dueling, an editorial stance not universally embraced by the
community and which resulted in undefined threats of violence against the editors. The paper also took a strong
stance against seconds in dueling situations, stating that “if
seconds refused to act in such matters, duels would fall
through.. .”
Lundy came to an inglorious end in 1853 when his
burned body was found in Holden’s Saloon in Sonora in the
aftermath of a fire that consumed most of that town in October of that year.
(2) A Sham Duel—1851
In his memoir, The Experiences of a Forty-niner in California, Charles D, Ferguson describes a “duel” between
two unnamed physicians which took place in Nevada City
in the spring of 1851, shortly after the destructive fire of
that year.
The pair, apparent rivals, met in Barker’s Exchange, a
gambling saloon on Main Street. One pulled out a pistol,
telling the other to “draw.” The second physician threw up
his hands, exclaiming that he wasn’t armed. The first physician thereupon produced a second pistol which he handed to
his adversary. Others in the saloon scattered, some running
from the building as shots rang out, others seeking nearby
cover.
After the combatants had emptied their pistols, it was determined that neither man had so much as a scratch; it was
further determined that both weapons were loaded only
with bread pills! Only the crowd was frightened, according
to Ferguson, who was of the opinion that both doctors were
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Nevada City (053-1654
“mentally diseased” and that there would have been a better
result had “good, honest lead” been used.
(3) Mason-Gardiner—1853
William Windom Mason, a Virginian, worked as a deputy
sheriff in Nevada County. In the elections of September
1853, he was the Democratic candidate for the state Assembly. William Stewart, Nevada City Attorney and future
first U.S. senator from the state of Nevada, liked Mason,
describing him as “a good fellow . . . but with very little
practical ability.”
However, according to another source, Mason was “so
distasteful to the better class of the party that, although the ,
Democratic ticket was successful, he was badly defeated.” /
This could have been, in part, because Mason, a southerner,
was known to be a leader of the “chivalry and bowie knife”
wing of the party. One of those from Mason’s own party
working against him was Rhode Island native H. C.
Gardiner, a Nevada City attorney.
When early election returns gave indication that Mason
wasn’t going to win, he directed his anger toward Gardiner,
indicating to Stewart that he was going to “cowhide”
Gardiner. Stewart counseled Mason to “Never strike a
sleepy-looking fellow like that. If you do you will get into
trouble. He has not done anything to you, and the people
will not justify you, and you will get the worst of it.”
Ignoring Stewart’s advice, Mason, accompanied by
Robert A. Davidge, postmaster and editor of the Young
America newspaper, accosted Gardiner at the bar of the
Phelps Hotel on Main Street in Nevada City, a cocked pistol
in one hand and a rawhide in the other. Mason struck
Gardiner multiple times as epithets were exchanged. A
challenge to duel, issued by Gardiner and accepted by
Mason, was to take place the following morning.
At the appointed hour the next morning, Gardiner borrowed a Colt revolver and went about the city looking for
Mason. Mason, meanwhile, secreted himself between two .
buildings and ambushed Gardiner as he passed by, shooting
him in the leg. Gardiner returned fire and shot Mason, also
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