e terms were unusual,
unprecedented, and barbarous, and that he could not consent to them.
Fairfax admitted that they were so; but replied that they were those
Barbour had prescribed. He would, however, see Barbour and endeavor
to obtain a modification of them. Soon afterwards he reported that
Barbour still insisted upon the terms first named and would not agree
to any other.

When Mott reported the result of his conference with Fairfax, I at
once said that Barbour was a coward and would not fight at all. I knew
perfectly well that such terms could come only from a bully. I saw
that it was a game of bluff he was playing. So I told Mott to accept
them by all means. Mott accordingly called on Fairfax and accepted the
terms as proposed, and gave notice that I would be on hand and ready
at the time and place designated. This being reported to Barbour,
Fairfax soon afterwards made his appearance with a message that his
principal would waive the Bowie-knives; and not long afterwards he
came a second time with another message that it would not do to have
the fight in the room designated, because the firing would be heard
outside and attract a crowd. In accordance with my instructions, Mott
assented to all the modifications proposed, and it was finally agreed
that the meeting should take place the next morning in Sutter County.
I was to take a private conveyance, and Barbour was to take one of the
two daily stages that ran to Sacramento. At a specified place we
were to leave our conveyances and walk to a retired spot, which was
designated, where the hostile meeting was to take place.

The next morning, accordingly, I took a carriage, and with my friend
Judge Mott drove down to the appointed place. After we had been there
some time the first stage appeared and stopped. Soon after the second
stage appeared and stopped, and Judge Barbour and Mr. Fairfax got out.
But instead of proceeding to the designated place, Barbour declared
that he was a judicial officer, and as such could not engage in a
duel. At the same time he would take occasion to say that he would
protect himself, and, if assaulted, would kill the assailant. With
these words, leaving Fairfax standing where he was, he walked over to
the first stage, and mounting rode on to Sacramento. Seeing Fairfax
standing alone on the ground I sent word to him that I would be happy
to give him a place in my carriage--an invitation which he accepted,
and we then drove to Nicolaus, w