ecided in favor of Barbour. A report of the case is given in
the 3d California Reports, under the title of People, ex rel. Barbour,
vs. Mott.

In the case I appeared as counsel for Judge Mott and argued his
cause. This offended Judge Barbour, and he gave free expression to his
displeasure. Afterwards, when his term for the vacancy was about to
expire and a new election was to be held, he presented himself as
a candidate for a second term. It was my opinion that he was not
qualified for the position, and I therefore recommended my friends to
vote for his opponent. For some weeks previous to the election I was
absent from the district; but I returned two days before it was to
take place and at once took a decided part against Barbour and did all
I could to defeat him. This action on my part, in connection with my
previous zeal in behalf of Judge Mott, led Barbour to make some very
bitterly vituperative remarks about me, which being reported to me, I
called on him for an explanation. Some harsh words passed between
us at the interview. The result was that Barbour refused to make any
explanation, but gave me a verbal challenge to settle our difficulties
in the usual way among gentlemen. I instantly accepted it and
designated Judge Mott as my friend.

In half an hour afterwards Judge Mott was called upon by Mr. Charles
S. Fairfax as the friend of Barbour, who stated that Barbour had been
challenged by me, and that his object in calling upon Mott was
to arrange the terms of a hostile meeting. Mott answered that he
understood the matter somewhat differently; that the challenge, as he
had been informed, came from Barbour, and that I, instead of being the
challenging, was the accepting party. Fairfax, however, insisted upon
his version of the affair; and upon consulting with Mott, I waived the
point and accepted the position assigned me. Fairfax then stated
that Barbour, being the challenged party, had the right to choose
the weapons and the time and place of meeting; to all of which
Mott assented. Fairfax then said that, upon consultation with his
principal, he had fixed the time for that evening; the place, a room
twenty feet square, describing it; the weapons, Colt's revolvers and
Bowie-knives; that the two principals so armed were to be placed at
opposite sides of the room with their faces to the wall; that they
were to turn and fire at the word, then advance and finish the
conflict with their knives. Mott answered that th