On the morning of July 11 he was sentenced. In the afternoon his body swung from a waterfront derrick at Battery and Market streets.
"Get it over with," he urged his executioners, "this 'ere's damned tiresome business for a gentleman." He begged a "quid o' terbacker" from one of the guards and chewed upon it stolidly until the noose tightened about his neck. He did not struggle much. A vagrant wind blew off his hat and gently stirred his long and wavy hair.
When Benito next saw Broderick he asked the latter anxiously if all were well with him. The latter answered with a wry smile, "I suppose so. I have not been ordered to leave town so far."
"You've remembered what we told you--Alice and I?"
"Yes," said Broderick, "and it was good advice. Tell your wife for me that woman's intuition sometimes sees more clearly than man's cunning.... It is nearer God and truth," he added, softly.
"I shall tell her that. 'Twill please her," Benito replied. "You must come to see us soon."
Brannan joined them rather anxiously and drew Benito aside with a brusque apology. "Do you know that Governor McDougall has issued a proclamation condemning the Vigilance Committee?... I happen to know that Broderick inspired this." He gave a covert glance over his shoulder, but the Lieutenant-Governor had wandered off. "So far he's taken no part against us. And we've left him alone. Now we shall strike back."
"I shall advise against it," Windham objected. "Dave is honest. He's played fair."
"If you think we're going to let this pass, you're quite mistaken," Brannan answered, hotly. "Why, its not long ago that Governor McDougall came to our committee room and commended our work. Said he hoped we'd go on."
"Exactly," said Benito, "in the presence of witnesses. Let us see if King and Coleman are inside. I have a plan."