Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1853-09-24
Tn. Duclling Law.--on Thursday Mr.. Geo.

The Dueliing Law.--On Thursday Mr.. Geo.
Stewart, "a master carpenter) made oath before
Justice Smith, that, on Wednesday, about noon,
Mr.. John Flahcry "a master plasterer) challenged
him 10 fight duel in the public street. near the
CITY post office; that Flaherty produced two pis-
trls from his pocket, inviting Stewart 10 take his
choice, tr ,mge combat, saying that they We're
loaded and that il he refused tofght, lie Flaherty)
would have satisfaction, accompanying the per
forntances with abusive language.
FIaherly " as arrested and on Thursday appeared
before the Justice to answer for the offence under
the Anti Dueling Law Of February, 1899. His
counsel was d. Radcliffe, Esq.
p. b. Key, Esq, the recently appointed District
Attorney, appeared on the part ofthe United States
Mr.. Radcliffe, in opening the examination, con-
tended that this was not such case as is contem-
plated by the law of Congress, but might be at
tributed to childish impulse and foolish passion;
mere brag superinduced by glass or so oflquor
The effect of such proceedings as those was only
to enlarge the lawyers fees, "What! Stewart
fight duel! Directly the suggestion was made,
he ran OFF TO a magistrate and entered complaint
He is Woodworking mechanic, and had too much
| sense TO fight Faherty--that mechanic there, with
his linen coat on If Congressman should find
out that workingmen fight duels, they would re-
peal the law instanter; for il was made for them
and not for u.s. ILaughter.l The law says deadly
weapons. / suppose that if two woodsawyers
should get into quarrel and one of them dare
the other to combat with sticks Of wood, they too
would be arrested 10 answer underline antidnelling
law! Preposterous. The law was only made TO
apply where there is formal challenge, delibera-
ton, and the usual prelimnaries to such contest
which are not here exhibited" He further con-
tended that there was no ground 10 hold the de-
PENDANT under that law.
Mr.. Key replied, saying that Mr. Radcliffe had
endeavored 10 gloss over the affair by ingenious
remarks. But the law Of Congress aimed at cases
like this Flaherty did show deliberate purpose
having been in search Of Stewart for twelve or
twenty -four hours; and when he met him, present
ed two pistols inviting him to take one of them
and fight. The gentleman on the other side as
serted that il mere brag. All challenges
are brags. 1t makes no difference whether note
is sent 10 the effect: Sir, my honor has been
wounded, and you must give me the satisfaction
a gentleman has a right TO ask or whether a
party is verbally challenged, What is the differ
ence between the two kinds of challenges, except
in the modc2 Certainly none as TO principle. He
condemned the proceedings of Flaherty in strong
terms, and reprobated that means of acquiring no.
torey. The public would not now think better
of Flaherty than they did before the occurrence of
Wednesday; in fact, people whose opinions We're
worth having, would not esteem him SO highly
Several witnesses were then called, Including
the compainant,) who proved, among other things
the fact of Flahcry meeting Stewart and offering
him choice Of pistols to settle business difficulty;
and il further elected, in evidence. that the
former distinctly avowed that he only desired an
equal, and not parte shooting, and had pro-
vided himself with weapons under the apprehen-
sion that Stewart warned him TO do so.
II not appearing TO the satisfaction of Justice
Smith that Flaherty amenablc TO the antduel-
ling law, he required the defendant to give bail in
the sum OF thousand dollars TO keep the peace.