Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-09-15
ARKANSAS, Jane 81.
ARKANSAS SUPREME COURT.


The Grand Jury found bill Of iudicl.
menl against Rober, {. Ogden. for " iIa,,
ing accepted challenge 10 fight duel
~ith capt. Wm. .. Allen" On Thurs
day evening last The trial came on. Pro-
curing competent jury produced some
difficulty, as almost every person in The
neighbOrliood had formed or delivered
an optnio. as 10 the gait or innocence Of
the accused" Ai,ertil jury were compiri
cd, n appeared that the challenge accept
ed a. any WAS in wrjiing lie prosecuting
attorney moi having the correspondence
10 produce, (Which the court deemed To
b. 'he bcstevdence In the case, y no parole
evidence 10 prove the acceptance of the
challenge, was admilied consequently
there was no evid' nee 10 suppori The in
diciOeni. The jury retired. and in d
short time brought III verdict OF NOT
GUILTY."
ComId not law be passed. making
even Sec0nd a competent witness, re-
easing bis own gull. when called upon
by The prosecuting attorney 10 testify
Or statute inf cts 40 other punishment bul
fine and disqualification from office, &c.
for z wing or accepting ac.Iallcrsr, cy Ell
where dealh cnsues ia consequence.
Elijah Morton and George W. Scott
were also indicted for being engaged in
The above duel, as seconds. The .ra! of
The iormer came on yesterday morning.
IGG%etie.
PRESENrMENT
Oh the Grand Jury of the Superior Court of
the TeIutCry OF Arkansas.
1he grand Jury would beg icqre to represent
that a seems to be Tie Guiy OF erery per-on hold
Tag an appointment under the general gorerRiarnt ,
10 lire at or stm tie place ,cbere their duties
are necessary - re performed that 10 hOi: an
.sff, N-.sI L.
tbs, or PERFORM any Of tie ia6ors contemplated Jy
the dpi0iaimeRt and 10 r6ceire the pay and cuio[-
uoeHtS Thereof, seems to THIS jury To he rot only
icGht ~ lie moral influence of justice but a III
oct d6eTTdtiOR from that equitable ceurse Of con-
duct That 'ndnyestsa disposition to render a .ir
eqnirdirRt J0T donors ana benefits conferred.
Impressed wHh the truth Of these sentiments,
the grand jafy are constrained 10 mention the to~
ca dc 'HIafnty cJ thc honorable ChGieS JoWitt,
Tho us M'S Jury IS informed, has, for more than
trette mgHihs hetd the appointment of Judge Of
he superior court Of thus territory ,cithout kuing
tahea has seat or the Gench ,rhere1y suffers arc
""a1tf IN many tmPortant causes 10 come to trial,
necessarily c0ntinsWg STATS fran time TO time.
m"Hipiy'ng erpense, ta6or and rerdiion, iHioierdc
t!e 10 he borne IN ciriiised sociciy
ArkarSoS, JHne Term, 1920.
LAW INTELLIGENCE.
ARKANSAS, july AT the June Term of
Tie Superior Cont of this Territory, II Z. Or
den 4 MOrfca and George ~. Seat! were in
dio!ed toi DueliIng, The former as principal aud
OG tie trial OF ( Morioa, az a second, the
Indictment laid the offence in the county of
Arkansas, at The Post Of Arkansas. The De-
tenddnt plead" Not Guilty" The evidence
proved the ChaiGe OF being second ia the Duel
iu!iS from the confessions of the Defendant;
that tic DGei was fought on the I0lh March,
OH an Island III the Arkansas river about oRe
aud AN halt miles above tke village OF \ rkausaS,
lhe Defendants Counsel took the exception
10 the indictment, that there was a variance
between the proof and tie charge as laid in
the Indictment, il being laid in tie Indictment
10 have been dOue At the Post OF y hHusaS....
Tue Counsel los the United States utged that
Tia words " 1T The fOst Of ArhaBSaS, ss laid in
tie InGIc tmeut we're so charged ~ said In
dictment 10 lay rcnUe, and not as a part of
tile description of the ogeuCc, as ian Burglary
the place and tie time make parts OF the of
ieEce. The Court ruled hat The place was
ImmateIial, so that the offence as charged was
proved TO have been done within the couuty''
The Island Was not denied 10 have been in ihe
county, so that the charge was CompicieIy prO-
reH.-ihe Jury Teiiicd-were in consultation
some tlme-and returned IN the court with
verdict Of Ne Of Tie Jury find the Prisoner not
gEiHy
" OuId il not be well for the Legislature 10
repea the Setnte against Dueliing Ii seems
that eonylcUOn nnder the Statute Cannot he
had under any circumstances, be they what
they may. Officers are sworn TO have The
avs eXecuted-bul, il they are so repurnant
10 the feeling OF society, as that the ueopie
would seek TO evade them, they outht 10 be
repealed. a ijY-sTANDER.