David Smith Terry (March 8, 1823 – August 14, 1889) was an American politician and jurist who served as the fourth chief justice of the Supreme Court of California; he was an author of the state's 1879 Constitution.

During the Mexican–American War, Terry served in Captain Samuel L. S. Ballowe's company of Colonel John Coffee Hays's First Regiment of Texas Mounted Rifle Volunteers and participated in the Battle of Monterrey.

In 1847, he lost the election for district attorney of Galveston, and in 1849 he joined the gold rush to California, where he attained success with his law practice in Stockton and became active in politics as a Democrat.

[8] 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.

In August 1855, he was nominated by the American Party (Know Nothings), in the special election for the Supreme Court of California seat left vacant by the death of Alexander Wells.

[12] In 1856, the San Francisco Committee of Vigilance challenged the corrupt city government controlled by David C. Broderick.

[14] Terry was a big man, known for his physical strength and for his skill with the Bowie knife he routinely carried in a sheath under his coat.

Terry was tried and convicted by the Vigilance Committee, but released, "the usual punishments in their power to inflict, not being applicable, in the present instance.

"[16] [17] On January 8, 1858, Chief Justice Terry administered the oath of office at the inauguration of Governor John B.

[18] On June 25, 1859, the California Democratic Party state convention nominated Warner Cope for Supreme Court over Terry.

[33][34][35] He fought during the American Civil War, serving in the 8th Texas Cavalry Regiment of the Confederate States Army.

[45][46][47] Terry was chair of the Committee on Legislative Department, and his proposed language on bank directors' liability to depositors was adopted.

Field, a former friend of Broderick's, heard the case in 1888 as the senior justice of the Federal circuit court in California.

Sarah Althea Hill suddenly stood up, screamed obscenities at the judge, and fumbled in her handbag for her revolver.

When Marshal John Franks and others attempted to escort her from the courtroom, attorney Terry rose to defend his wife and drew his Bowie knife.

[61][62][63] While being transported to jail and while serving their sentences, Terry and his wife repeatedly threatened Judge Field.

Both David and Althea were indicted by a federal grand jury on criminal charges arising out of their behavior in the courtroom before Justice Field.

In May 1889, the U.S. Supreme Court refused to review the order that invalidated Althea Terry's marriage contract with Senator Sharon.

On March 2, 1892, she was found insane and committed at age 41 to the California Asylum at Stockton, where she lived for 45 years until her death.

In 1963, Brad Dexter was cast as Justice Terry, with Carroll O'Connor as Senator Broderick, in "A Gun Is Not a Gentleman" on the syndicated television anthology series, Death Valley Days, hosted by Stanley Andrews.