Collection: Books and Periodicals > Nevada County Historical Society Bulletins

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Title: Volume 068-3 - July 2014 Collection Type: Books and Periodicals Collection Name: Nevada County Historical Society Bulletins # of Pages: 8 Download PDF: User Login Required Download OCR Text: User Login Required

Date Scanned: 2014-12-05 14:01:49 OCR Software Version #: tesseract 5.4.1 Item Sourced From: PDF First Created: 2025-03-17 04:06:32 Last Updated: 2025-03-17 04:06:32

Original Held At: Searls Historical Library Location: 161 Nevada City Hwy, Nevada City, CA 95959

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NCHS Bulletin July 2014 Col. Rust was nected with one or more newspapers in the Eastern states, and for the remainder of his career he was associated with California publications. Rust and his wife and daughter were in New Orleans in 1849 when he was appointed Secretary to the USS. Boundary Commission, tasked to meet with their Mexican counterparts and negotiate a new border between the countries. The Commission met for the first time in San Diego in the summer of 1849, and in November Rust was elected Alcalde of San Diego County. In April 1850 he became San Diego’s first county clerk. While in the southland his wife gave birth to their second child, a son. In 1851 the Rust family traveled north, where Col. Rust found employment as editor of the Marysville Express, a Democratic newspaper. Despite being an older and more experienced journalist than his Whig counterpart, he is said to have lacked the vigor and reckless language of Judge O. P. Stidger. As one writer put it: conCharlie Fairfax of Virginia. He not only could say things more forcibly, more cutting and more devilish about Rust than Rust knew how to say in return, but he could say meaner things in a meaner manner. The judge had a peculiar method of driving the steel home at every thrust and the colonel was not able to return like for like. The consequence was that [Democratic leaders decided] Stidger must be forced to transfer the quarrel to a field of another kind, that it might be settled in actual physical encounter by the arbitrament of the bullet, and Rust was finally prevailed upon to challenge Stidger to meet him upon the bloody field. In June 1853 Charlie Fairfax and Lee Martin were requested by Col.. Rust to deliver the formal challenge. Martin maintained that because Stidger was opposed to the code duello he probably would not fight. Charlie was not so sure—the judge might be a Northerner, but An example of the Mississippi yager (or Jaeger), so-named because this frontier hunting rifle had been used by Jefferson Davis’s troops in that region at the time of the Civil War. he was no coward. Others in the Democratic party believed—and hoped—Stidger would “fall down.” To their surprise, the judge accepted, and his reply was delivered promptly by two former Sutter County judges, Gordon N. Mott (a Mexican War veteran from Ohio) and Thomas B. Reardon (a Democrat from Maryland). Judge Stidger, who had the choice of weapons, specified Buckeye rifles with set triggers, distance sixty paces. Buckeyes could not be found, so two ancient Mississippi “yagers”—one much worse than the other—were substituted. When Rust became ill the night before, the duel was postponed a week, giving him time to practice, for Stidger was reputed to be an excellent marksman. As the sun rose on that fateful morning, the rivals took their places. Rust had won the right to choose both his position and which weapon he would use. Consequently, Judge Stidger had to face the sun with a poor gun in his hand. The seconds took their places and Drs. McDaniel and Rust (a brother of the colonel) were within proper distance. When Fairfax gave the word both men fired. Stidger’s shot passed high over the head of his antagonist, and the slug from Rust’s rifle lodged in a handkerchief in the pocket of his oponent’s coat tail. When Mott questioned Stidger’s obviously bad aim, Accoring to Mott’s later recollection, Stidger said: “I tried not to kill him. I don’t want his blood on my hands. He has a family to maintain, and I don’t want to rob his wife and children of their support.” “Well,” said Judge Mott, “Rust is demanding another shot—and while he is trying to kill you, you’re trying not to kill him.” “IT promised to shoot at Col. Rust, but I didn’t promise to kill him.” “Well, cripple him, then. Shoot for his legs. Bring him down!” Stidger replied, “This old cannon carries up—if I shoot for his legs I'l] hit him in the body. If I can, PI hit him in the hand or arm, and that will settle it.” “T am afraid he will settle you!” was Mott’s retort. Once again the men were placed and at the word from Fairfax both guns again fired. Stidger’s second shot cut through a lock of Rust’s hair, but the judge was untouched. When Martin and Fairfax reported that Col. Rust was demanding another shot, Mott and Reardon angrily declared they would stand no more child’s play. Stidger was furious. Having spared the life of his oponent twice, he now fumed, “I'll kill him if he insists on a third round,” The four seconds huddled and anxiously conversed. Ina matter of minutes the duel was over.