Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-11-02

him Is no uncommon ullnS' Dut WIS 10 'i'e Nv ,.
time that he. or any body else that we ever heard
of. has attempted sleep swimming. and succeed
ed. He has a distinct impression of his feelings
antecedent to his rising. lie felt great pressure
upon him. and thought that the deck was about
TO fall in aud crush HIM. and the only way OF es-
cape he could discover was to jump out ct the Ca
bin window"
From the Warrenfon Guzette Of Oct. 20.
FAuauIEn CouNry--OcroBER IsnM, 1851.
co~" on Homicide.
WIN. E. Gayle.
The Examining Court, consisting of Richard
Rxey, VIM. r. Smith, James French, Thomas
Turner and Robert Randolph, Esquires, on Tues
day night, few minutes before IL, after pa
tient hearing for two days, discharged Captain
Gayle from custody, the charge OF killing Sa-
muel Withers, in this town, on the 29th OF Sep
TENDER last.
Alexander ]. Marshall, Esq. the Common
wealth's Attorney, had, in this case, the assist
ance of Thomas l.. Moore, Esq. and John S. Bar
bour, Esq. For the prisoner, Nat. Tyler, Jones
Green, james b. Thornton and John S, Horner,
Esqs appeared as counsel.
Thomas L. Digges, DIR. t. I. Withers, Jes-
Sc Howard Withers, Ambrose Hord. James De-
shields, Henderson Fletcher, William II. Jen-
nings, and Neil McLearin, were examined as
witnesses for the Commonwealth.
George Carter, Ambrose Walden, Thompson
Smith, Fielding Sinclair, Aldridge Smith, Geo.
L. Smith, Samuel Chiffon, A. S. Grigsby, and
Timothy TAYLOR, witnesses for the prisoner, were
examined.
We gather from the mass Of testimony given
a. nj M n
contre, Captain Gayle, George Carter, and Capt.
Walden, were riding towards Warrenton, and
were overtaken by Samuel Wlthers, also on
horseback, with walking stick in his hand. An
cry words passed between Withers, and Gayle,
growing. out OF some imputed remarks relative to
a difference of long standing between them A
fight was mentioned, the parties dismounted; no
blows passed Withers' horse went Oft, he pur-
sued him, and the company continued on to War
renton. Apprehensive, as he alleged, OF an at
tack from Withers in the course of the day. Capt.
Gayle borrowed double barrelled pistol. Hav-
ing transacted some business in town, he aud
George Carter mounted their horses and rode
near to the gate at Fishers tavern, where they
were requested to stop for moment for other
company going to the race field. In short time
Samuel Wiihers walked down the footway near
to where Gayle was on horseback; angry words
again passed. Withers proposed TO Gayle to 90
into the lot and fight him; Gayle refused to 60
into the lot, hut proposed to meet HIN IN prl-
vate room. and have a fair fight. Withers insist
ed ON the lot; Gayle said ne would fight M such
Id rascal in the street; on which Wlthers
instantly advanced step or two and struck
GAYLE with the stick he had in his hand. Both
had gloves on--one walking stick. the other a
riding whip Gayle quickly dismounted, club
bed his whip, and brskly walked 10 the head of
his horse. Withers there met him, and they
struck at each other; both dropped their wea-
pons, and seized each othcr--bIows and scuffie
ensued-they appeared to be well matched and
for some time the issue Of the combat was very
doubtful.
Withers after liong contest it was manifest
had the best of it, and got the head OF Gayle I'M
der his arm, and his hand in his mouth between
the teeth and cheek--n this situation the parties
appeared to pause No attempt had been made
to separate them, as the friends of the parties had
at the commencement called for fair fight. When
it was thought Gayle was sinking under Wlthers,
although both were on their feet they had been
from the time GAYLE dsnounted, several caught
hold of Withers and Gayle at the instant the lat
ter fred the pistol. Withers exclaimed he was
shot the parties separated aud two days after
Withers died.
GAYLE it appeared had the little finger on his
left hand broke at the commencement OF the bat
tie, and his cheek was separated considerably
from the gums, otherwise he was not much injur.
ed as far as noticed by witnesses. From the po-
sition he was in. it was not thought he could be
appraised relief was at hand when he fired the pis-
tOi
The evidence (which we have not room for to.
day) was somewhat contradictory, but not more
SO than we have always noticed in hearing details
from different persons Of the events of hurried
moment. With copious notes of every thing tes-
tilted in the case before US, we have endeayored
to give this condensed view of the material facts
disclosed-if we err in any respect it is not in
tentionaI-we would not msrepresent any part
of the fatal rencounter to prejudice the living or
the dead.
The case of the Spaniard, Nina, as reported
in PHILADELPHIA paper, brings to nv recolIec-