Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1823-06-12
Mr. ou.e- h G.psas,su 10 dill s...,5,,.

under the Virginia act Of Jan. %. l8IO "to s,,s.
Press Duea1g. by that act, whoever gives
or accepts challenge to fight duel which
may result IN death, IS declared incapable of
holding any post OF profit, trust or emoIunens
under this Commonwealth-shoey il M.
pointed to any Office is bound to take an cal,
that he has not violated this law, and viii no,
volete It during hrs continuance in ofIice-,hi,
law IS to be given in charge TO grand iurirs.
1t contains other provisions which il IS unaece..
sary to specify.
The hrst notice which We have had of Mr..
Graves.s case, was from a remonstrance. pre-
s9hteu from MT Lacy to the House of Dele
gates, on the 14th of last December. nbiec,,n..
to The seat OF Mr.. G. Delegate returnedA
from the county ofNew Kent, upon Tie ground
.pat he was disqualified in consequence of
having violated the daeliiRg act The case
was referred to a. select Committee. and on
'he 18th Dec. The Committee reported. tha.
, ''they are satisfied, from the circumstances of
The case, that the said Graves did conscien-
u0usiy believe at the time Of taking said oath
(as Delegate,) that he had. not incurred the
penalties OF the statue" THE Committee also
exptess it as their opinion as a criminal pro-
secuton against tie said Graves, for the viola.
! ton ef law complained of, has been instituted
| IN the superior court Of law, for New Ksnt
| couity, and is now depending therein,'' and
| as '',he decision OF the House" &c. might pos,
sih!y influence the decision Of that Judicial
tribunal, that -propriety and. good spolcy re-
quhe them to icfbe:aE entering into any farther
| investigation" They therefore requested
| to be discharged from the further Consideration
Of Inc memorial This resolution was adopted:
end The question dropped. !,
| The to'lo~Jng Is a statement of the trial. as
IT is reported TO have taken place before tbs:
| court Judge Sempe presiding
! Interesting 5eav Case.
| On Friday. lasi, tho 23J insl. being the Sc.
coad day of the spring terra. of the superior
Court II Law for New Kent county, was tried
and detein'ihedby a,jury OF twelve intelligent
men, six Sc erni present,nen;s, found by the.
grand jury in said court, against Col Richard
Graves In each otthose indictments the de.
fendant was charged viii. violation OF the
act 10 suppress duellins. The attorney faf
| the Commonwealth drew up six counts, sn.
1 charged the jury, that il the evidence was
| sufficient to establish either, they were bound
to find tie defendant guilty. For the purpose
| of giving the public correct information on the
subject, the counts Us laid in The indictments
| are insettct
l.. TIRGfHL1,
First judicial Circuit, .Ne,s Ken. Cfy--.o zsit:
| lst Coun.-The Jurors tor the Common.
wealth OF Virginia, duly summoned to attend the
| superior court OF law, directed To be holden
for the said county of New Kent, being one of
| the counties composing the first judicial circuit
| aforesaid, upon, their oath present Rich Graves,
TOR sending 4 challenge TO Archibald Lacy, to
| fight him the sad Graves duel with weapons.
! but what KIND OF weapons is to the Jurors un.
known.
% Conns-And the jurors aforesaid, do fur.
ther present Richard Graves, for sending a
challenge to Archibald Lacy. to fight duel,
| with poison; thereby substituting the cups Of
poison and water for weapons, whereby the
| sad duel NIGH! then and thereby be fought
! aid ended. 80
Sd Count,--And The jurors aforesaid, do fur
| Their present Richard Graves, for sending a
challenge to Archibald Lacy. to tight him the
| said Grav.ja duel, in the following manner:
! that two cups should be flied, the one with
pure water and the other with deadly poison;
and that two tickets should be rolled up and
put in a hat; and they the said Richard Graves
and Archibald Lacy should draw lot who should
drink the cup of poison, &c. &c.
Ah CoNnt.-And the jurors Aforesaid do fur
Their present Richard Graves, fer sending
challenge to Archibald Lacy, to fight duel
with knives, sc. &c,
5M Cola.;.-And the jurors aforesaid do fur
Their present Richard Graves, for sending
challenge to Archibald Lacy, to fight him the
said Graves duel, by drawing i0r tor cup
OF poison, which cup was 10 be drank by the
person to whom the same fell by the said al
lotment.
6h Comnt.-And the aforesaid jurors do fur
,her present Richard Graves, Tor sending a
challenge TO Archibald Lacy, to fight him the
said Caves duel, with poison and knives
&c. &c,
Extracts --Teste, =, cambridge, &C.
The circumstances of the case are these, the.
evidence went{o shew THAI Graves received
challenge from Archibald lacy to fight fist
fight, two or three days before the meeting Oh
the legislature in 1921; Graves refused to ac-
coinmoda,e him at that tune, on account OF his,
public duties; hut pledged himseifto give him
0.aey) an opportunity OF obtaining honourable
satisfaction imme Jiiately after the rising OF the
Legislature, That Graves wrote note 20 Lacy
on the 18th Of March, 20 meet him at Ger.
tain pace, to settle the difference. They met.
That Graves was disabled BY an accident in one
of his legs aud afcle. Lacy, whose bodily
weight was upwards Of go lbs, Graves less
than $50 lbs, urged fis fight; when Graves
proposed they should put an end 70 the differ
encc by a'tdment in the following way: that
Two cups should be filled, tie enc with puru
water, The other with deaGiy POISON, and see
on table covered with a cloth; thai two tick
cts should be rolled up and put into hat, the
one blank. The other marked with the letter 4;
that he who drew the blank should take lis
choice G. the two cups and swallow its con-
tents, and he who drew the letter p, should
be bound at the peril Of his life and honor to
swallow the contents Of the other cup. Lacy's
answer 10 this proposition vas 81 viii not
drink poison TO accommodate you, nor will I
hazard my life with you IN any manner whate-
yer" Graves second proposition was, 1T
Captain Lacy insists decision by bodily en-
er,ion he shall be accommodated, under =
pledge OF honor that he viii afterwards meet
Col. Graves equal rrnOnt anl In.ier,. M, in