The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1858-09-23
RICE ONE CENT.
LOCAL MATTEns.

LOCAL AATTEHs.
The LATE DuEL.-The inyestikatisn Q
tue recent duel betwesn Msssrs. Wise and Clemso
| called - witness bus nothing fhrther wss eIic
TED from him than that hs ssw Msssrs Wise A.
Cnismsu together on Franklin street, on ~
evening Of the 10th, and that they told him the,
nad oeen taking walk. =
Tne parties then determined to proceed no far
.nsf uasii after hsari II Judge Mercdths decisto,
~ Ihe naoeas corpus case, - to whether Mr. Pry
or could be committed for contempt for decIiuin,
a. answer the interrogatories propoundea on Mon
At ~ O'Clock, Judge Meredith took his seat. And
to deliver hts decision Of the csss Which
nao oeen DO elaborateIy and insenjously .rsuet
~ tne counsel on both sides. We do not pretend
n.rs srs rs. sketch Of Judge Meredith's preIimi
10y I0malks which we're founded on opiniops
uAwa from decisions in English and American
Couts he was satisfied that court had ths An thor
10 review aud revise the decision Of the iustice,
d1 we're not court but clothed with power for
Jaa'GisI purposes, and IL IL was found that error
nsd been committed-f the charge Was mot s.s
taned-to reverse that decision and tischare "a the
prisoner. The authorities quoted BY Judge Mere
ath were numerous. aai his deductions clear and
70 read the questions which had been propou nded
20 'he Witness and to give bis opinion as 10
W1etner the witness was or was not bound 10 an
swer tnose which might subject him to criminal
]! Do you know whether duel WAS fourbt IN
rfiday morning, the 18th Inst between q Jsn.
nings wise and Sherrard Clemens
me 1aage held that if the witness claimed the
in.s psasse guaranteed BY law, he was not bound to
must impiicate him. -
The second, third, fourth aud fifth questions.
,s.a1ise 70 his having seen Mr.. Clemens on the
sS s,S anu atn INST the witness readily answer-
o. as there any other persop n,..ant ~ .;,h.,
oi .hose interviews! The Judge held that the
witness could not be compelled to discioee
Lne seventh and eighth, the witness also an
swered-that be saw Mr.. Clemens on the NOR nino
OF the 18th, in Richmond.
=. Dio you hear him say anything, ct any Of the
soose interviews, In relation to a CONTEMPLATED
oncoi'y OF quarrel, existing between himself
ana ah' y. Jennings Wise! The Judge said that II
.nis question were answered, 1t would show that
ne was In Mr. Clemens company aud accessory
oefore the fact. lie thought that If the witness
gave an affirmative answer to this question, il
~oaio lnpiicate him. The objection was there.
fore sustained
10. Did you hearhim say at any time that he ex
pecied to fight u duel vita Wiser The Judge aus
this question.
Inc next interrogatory which the witIess do.
clined to answer, was
10. At what time did you see Clemens on the
morning OF the 7thf Judge Meredith said tina,
his nrst impression was that this interrogatory
ought to Do answered but on reflection, he con ID
o ". ses WY !. would not impiicate him. If IL
we're oisot'sed that he was with Clemens at or
O'Clock 10 the morning, it would give the impres
sion that ne was there to counsel aud aid Iience
he shoud sustain the objection
II. was the communication published Ia your
paper called "fhe SOUTH" on Saturday signed BY
oherrard Cleme ns, so published by anthoritv cf
said Clemenss On this the Judge held that A this
communication contemplated q dael, it would onl .
oe necessary to 20 little farther TO show that q
duel had been fought:--if the witness answered
that question aud said that Mr. Clemens thorizei
him TO publish it, material step would be gained
towards convicting Mr. Clemens Of hyhtips this
duei and thati would not be sho by this witness
that such an offence had been committed n hs
would implicate himself
Ia conclusion, Judge Meredith said he did moi
see how the witness could be compelled to ansve,
any OF these questions, unless it we're the fntep
tiob to make MIN convict himself, or unless 4
could be shown that he had resorted TO subter.
fuges which he WAS not entitled to, or that he ha,
endeavored to shield others and not himself. Tn,
witness has conducted himself fairly. and in nov
| upon his rights.
Mr. Pryor, who had been in custody on the charg
| dith.
Mr.. Young said he was determined to prosecut,
this matter as far as he could. He then re calle,
FraBois J, Smith.
The examination OF Mr.. Smith proceeded as fol-
lows:
Are you the proprietor Of the Central Hotel II
this city' l am.
! Has Sherrard Clemens been q lodger at Won
| hotel recently, and If 30, for what time, Sine
the morning Of the 10th, at which time he arrives
| there.
| Has he been absent from your hotel during ths,
| tfmei l understood that he was absent at tn
| time went to market about O'Clock on tn
| morning of the 18th September.
Do you know at what time he went! / do not
Do you know who went away with him! d.
| not. was not present.
Were you present when Mr.. Clemens returned
or do you know when he so returuedY was no
present, and do not know except by hearsay.
Did you know ia what way Mr.. Clemens went
Not being present when he went, still believe
or know how he went.
Did Mr.. Clemens tell you that he was going I,
leave the hotel on that morningi l understood
from him the day before that he intended to 20.
Where did he tell you he intended to 20! Tn
witness declined 10 answer on the ground that h
might implicate himself The objection was sus
tained by Judge Meredith, and Mr. Smith wa
thereupOn discharged.
Charles A. Mayo, clerk at the Central Hotel, wa
next recalled to the stand. He answered tn
questions asked, but nothing of material inpor
tance was ELECTED. The Judge having laid dowi
the rule that no witness could be compelled Z,
answer any questions tending to implicate him
self, 1t vas deemed unnecessary to hold this wit
ness any longer In custody, aud he was dscharg
ed.
The Court then adjourned, and thus the matter
rests for the present.