The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-05-19

inside the outer gate, with a slack rein, and after
passing through the gate rode faster, and upon Mr.
Wise's left when there was 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
side of the road AT that place there was no crowd
behind or beside, or near Mr.. Stanly, TO cause him
to run against Mr. Wise. II was at a place where at
least five hacks might pass abreast and there was no
carriage within some distance of the spot and no
horsemen, except the three Col Starke Mr. Wise
and MIR Stanly After Mr. Wise was iostIed he
rode up on Mr. Sanly's left to attack him. and when
he struck him he was up by his side. Their horses
were turned the same way, and IL was natural that
he should strike the back part Of Mr.. Stanlys head
when riding in the same direction with him aud strk
ing him with the right arm whilst the left hand of
Mr.. Stany. The stick was small one, the size Of
his finger. He could not say whether It was whale
bone or wood-it broke near the head and the frac-
ture was rather short for it to be whaebone He was
not distinct in his recollection about carriage pass
ing betweenthe parties before they got to the outer
gate
| Mr.. MANGUM was then called. lie was asked a
question as TO Mr. Shnlys intentions and acts which
was objected to by MI Wise and his counsel They
objected ON the ground that neither Mr. Wise nor
| Mr.. Stanly TO be held criminally liable for the
| intentions and acts of the other.
] Mr. MoRsELL was theL called, by way of induce
ment to the question propo,nded to Mr.. Mangum, to
prove that Mr.. Wise had admitted before him that it
was possible for him. MIR. Wse) under some circum-
| stances, to accept challenge
Mr. FENpALL was then examined on the same point
He said he had put it TO MIR. Vise's candor to say
whether he would not accept a c,allenge-not in this
| case-but in some case which night occur Mr..
| Wise's reply was that under some circumstances he
| might, but under other circumstances he might not
He was arguing from this general ADMISSION to the
Justice that it was probable MIR. Wise would accept in
| this case MIR. Wise had interruptedhim and his
recollection that he (Mr. Wise) SAID, :" No, not
| probable but possible"
Here Mr.. WISE interrupted MIR. Fendall, and asked
him if the correct relation moi that he (Nr Fen
DALI was arguing that it was probable, when Mr.
Wise interrupted him and Mr.. Feldall himself then
said, possible, then, and MIR. Wis replied " ali
possible 20
Mr. Wis., offered to prove that this vas the most he
had said but Mr.. Fenda waived t,e point, Mr.
| Wise then asked Mr.. Fendall whethg he (MI FL
| did not unde stand him Mr.. w J as standing mute
before the Justice neither confessng mr. DENYING any
thing? Mr. FENpALL answered that lie did so un
| derstand him
Mr. MANcuMs examination was agn resumed
The Count then asked him whether, fran the facts
and circumstances of this case, and the nllions be-
tween the parties, he believed that tuel between
Mr.. Wise and MIR. Stanly would ensle unless pre-
vented
Mr. Wis., by his counsel objected = this, that il
was too general II was not confined &c Mi Wse's
acts and attempts that II in effect same as the
District Attorneys question, The Court overruled
the objection Whereupon Mr. MAsuM said that
he could not answer this satisfactorily tohimelf with
out some considerable detail. lnferrng from the
course of gentlemen, who look to that resort as
mode of adjustment ofpersonal controversy and from
facts within his knowledge, he believed hat Mr.
Stany looks to duel as the result unless the affair
be settled. But he Mr.. Mangum) knew OF neither
act nor conversation on the part Of Mr. Wise to send
or accept challenge. And he knew OF no intention
or act on the part OF either Mr.. StanIy OF Mr. Wise
to violate the peace of this District in future He
said that Mr., Stany went away from tbs city on the
llth INST TO avoid this warrant to arresl him. Thai
he Mr., Mangum) parted with Col STAKES statement
of the circumstances of the scene on Saturday about
9or 10 o'clock last night That he was summoned
this morning. He boarded with Mr.. Sanly, and was
on confidential relations with him. NJ challenge or
acceptance had passed between the parties as far as
ne Knew and ne was very sure no challenge had
| passed.
Mr., KY then again called IIe repeated the
general grounds for probable cause which influenced
him to take the oath before Judge Thruston He act
ed on general but to him credible rumor and wa con.
hrmed in his impressions by what he had heard since.
as stated by him Neither Mr. Wise nor Mr. Sianlv
nor any of their friends directly or Indirectly. had
caused procured him to give the information TO the
judges nor had they, in the most distant manner or
IN any manner, communicated with him, OF any one
else to his knowledge, on the subject
! Mr. WISE then offered to prove by Dr. HeiskeIl
that the stick he held in his hand was the identical
stick he struck Mr., Stanly with. Mr. Wise handed
| it to the Judge. 1t was small black whalebone
with small knots cut on It to initiate a wooden stick
1
and the gentleman who gave him the stick 10 nroye
that the head which was it was small ivory head
ornamented with eyes of mother of pearl and tbati
was not loaded with lead any metal az was repre-
sented IN the newspapers The District Attorney adj
mtted all this TO be the fact Mr. Wise then offered
to prove that he not armed at the time he struck
Mr. Stanly, and had no weapon about him excep.
this cane and penknfe This was admitted and
here the testimony closed.
The Court then observed to counsel that the pres
nrnn paH nn xHa NOT np.f Il .
fence, but it was one to prerent the breach Of the
peace for the future 1t was not warrant to demand
surety OF the peace until appearance court for trial
on the assault and battery which had been commit
ted but It was warrant issued oath that there
is probable ground to believe that a breach of the
peace will be perpetrated hereafter-,that duel ,cRl
be fought unless the parties be bound to keep the
peace In this proceeding, then, taking it as not
proved that any overt attempt had been made by the
Taverser to fight duel commit felony and
that no actual breach OF the peace yet commit
ted the question again ose, sCan member ofCon-
gress be arrested and held to bail except in case of
treason felony, or actual breach of the peace He
had now ascertained that there was no actual breach
of the peace, and he would hear further argument
upon this point OF privilege,
The argument was accordingly again opened |
Messrs GooDE and HUNTER cited and commented
upon additional authorities. Mr. WISE was heard at
length also on the same point and enlarged upon the
positions taken by his counsel Mr. Kendall replied
at iehs anu a'ter priei corrections by the opposite
counsel, the Judge decided that member Of Con. |
gress was not privileged from arrest and might be
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
wili be committed by member of either House.
And having been satisfied from the evidence in this
case that IS was probable Mr.. WISE would if not
restrained, commit breach of the peace by fighting
duel he adjudged that he should not be discharged
under the writ of habeas corpus but that he should
enter into recognzance TO keep the peace He said
that be saw nothing in the testimony to cause him to
issue beach warrant for what had occurred in the
past lie would leave the assault TO be noticed by
the Court to sithereafter, if to be noticed at all
Mr. WISE then rose and inquired of the Court what
form OF recognlzance ne would require He said
that Justice Morsel had rendered to him. upon the
authority of decision by the Circuit Judges (Dxons
case) a recognzance which he would not sign 1t |.