The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-05-19

Starke, and by hack. WI. Stahiy was r'o'ns,
inside the outer gate with a slack rein and alter
nassing through the gate rode faster, and upon Mr.
Wiseis left when there much less room to pass
between Mr.. Wise and the fence on his side than
there was between Col Starke and the fence on his
s;de of the road AT that place there crowd
behind, or beside, or near Mr. Stanly, to cause him
10 run against Mr. Wise. II was at place where al
least five hacks might pass abreast and there was no
carriage within some distance Of the spot, ana no
horsemen except the three Col Starke, MI wise,
and MIR. Stanly After Mr. Wise was josted, he
rode up on Mr. Stany's left to attack him, and when
he struck him he up by his side. Their horses
were turned the same way, and 1t was natural that
he should strike the back part OF Mr. Stanly's head
when riding in the direction with him aud strk-
ing him with the right whilst on the left hand OF
Mr. Stanly The stick small one, the size OF
his finger He could not say whether 1t was whale
bone or wood-lt broke near the head and the frac-
ure was rather short for IL to be whalebone He was
not distinct in his recollection about carriage pass
ing between the parties before they got to the outer
gate.
Mr. MANGum was then called He was asked
question as to Mr.. Stanys intentions and acts which
was objected TO by Mr. Wise and his counsel They
objected on the ground that neither Mr. Wise nor
Mr. Sanly was TO be held crimnally liable for the
intentions and acts OF the other
Mr. MoRsELL was then called by way OF induce
ment to the question propoundedto Mr.. Mangum, to
prove that Mr. Wise had admitted before him that it
was possible for him (Alr Wse) under some circum-
stances, to accept challenge.
MIR. FENDALL was then EXAMINED on the same point.
He said he had put il to Mr. Wse's candor to say
whether he would not accept challenge-not in this
case---but in some case which might occur. Mr.
Wses reply that, under sonie circumstances, he
might but under other circumstances he might not.
He was arguing from this general admission to the
Justice that il was probable Mr. Wise would accept in
this case. Mr.. Wise had interrupted him, and his
recollection was that he (Mr Wise) said, No, not
| probable but possible"
Here Mr. WISE interrupted Mr. Fendall, and asked
him if the correct relation not that he Mr. Fen
da) was arguing that it probable, when MIR.
Wise interrupted him and Mr.. Fendall himself then
said, possible, then" and Mr. Wise replied, g ah
possible ~
Mr. WIsE offered to prove that this was the most he
had said, but Mr. Fendall waived the point Mr.
w Use then asked Mr.. Fenda whether he Mr. F.,
did not understand him Mr. w as standing nut,
before the Justice neither con blessing denying any
thing Mr. FENDALL answered that he did un-
dcrstand him
Mr. MANGuMs examination again resumed
The Court then asked him whether, from the facts
and circumstances of this case and the relations be
| tween the parties he believed thu duel between
| MIR. Wise and Mr.. Slanly would ensue unless pre-
vented
Mr. Wsa by his counsel objected to this, that i
was too generals it not confined to MIR. Wise.
acts and attempts that It was in effect the tn,
| District Attorneys question. The Court overruet
| the objection. Whereupon Mr.. MANuuM said lha
he could answer this satisfactorily to himself with
out some considerable detail. lnferring from tn,
course of gentlemen, who look to that resort
mode Of ad ustment of personal controversy and from
facts within his knowledge, he believed that MI
Stanly looks to duel the result, unless the aai
be settled. But he MIR Mangum) knew of nethe
act conversation the part of Mr.. Wise to sem
or accept challenge And he knew of no intention
or act on the part of either Mr.. StanIy Mr. Wis,
to violate the peace of this District in future. III
said that MIR Stanly went away from this city TIT
llth inst to avoid this warrant to arrest him. Tha
he Mr. Mangum) parted with Col. Starke's statemen
of the circumstances of the Saturday, abou
| 8 or 10 o'clock last night. That he was summGne
this morning He boarded with Mr.. Stanly, and wa
on confidential relations with him. No challenge o
! acceptance had passed between the parties far a
| he knew, and he was very sure no challenge hat
passed.
| Mr. KEY was then again called. He repeated tn
general grounds for probable cause which influence
him to take the oath before Judge Thruston. He &C,
ed general but to him credible rumor and wa con
frmcd in his impressions by what he had heard since
as stated by him. Neither Mr.. Wise nor Mr. SlanIy
nor any of their friends, directly or indirectly ha
J caused procured him to give the information to tn
Judge; nor had they, in the most distant manner
} in any manner, communicated with him, OF any on
eae to his knowledge, on the subject.
Mr.. WISE then offered to prove by DIR. Heiske
that the stick he held in his hand the identci
stick he struck Mr. Stanly with. Mr.. Wise handle
it to the Judge II was a small black whalebon,
with small knots cut il to initiate wooden stcl
He offered to introduce several witnesses around hit
and the gentleman who gave him the stick to prov
that the head which was on ii was small ivory heat
ornamented with eyes of mother Of pearl, and that
was not loaded with lead or any metal as was repre-
scented in the newspapers. The District Attorney ad
mitted all this to be the fact Mr. Wise then ofere
to prove that he moi armed at the time he struc
Mr.. Stany, and had no weapon about him excep
this cane and penlinifc. This was admitted, an
here the testimony closed
! The Court then observed to counsel that the pres
en proceeding was not one to punish for past of
fence, but it was one to preuent the breach of thu
peace for the future. IT was not warrant to deman,
surety OF the peace until appearance at court for tra
on the assault and battery which had been commit
ted but it warrant issued on oath that Their,
is probable ground to believe that a breach of tn.
peace will be perpctrated hereater-that duel cil
be fought unless the parties be bound to keep tn,
peace In this proceeding, then, taking il as no
proved that any overt attempt had been made by thu
traverser to fight duel commit a felony ant
that no actual breach OF the peace yet commit
ted, the question again arose, Can member of Con
gress be arrested and held to bail except in case
treason, felony, actual breach of the peace ~ Fl,
had now ascerained that there was no actual breach
Of the peace, and he would hear further argument
upon this point of privilege.
The argument accordingly again opened
Messrs. GoopE and HUNTER cited and commented
upon additional authorities Mr.. WISE was heard n
positions taken by his counsel. Mr.. FENpALL replied
at length and, after brief corrections by the opposit,
counsel, the Judge decided that a member of Con
gress was not pryiledged from arrest, and might b,
held to bail and to give surety of the peace though
no actual breach was committed, where iii proved
that there is probable that breach of the peace
will be committed by member of either House
And having been satisfied from the evidence in thi
case that is was probable Mr.. WISE would if no
restrained, commit breach of the peace by fghin,
a duel he adjudged that he should not be discharged
under the writ of habeas corpus, but that he shoul
enter into recognizance 10 keep the peace He sal,
that be saw nothing in the testimony to cause him Il
issue bench warrant for what had occurred in Tn
past He would leave the assault to be noticed b
the Court to sithereafter, if to be noticed at all