New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-11-29
a Curlons Cnse.


The Richmond Enquirer Of the 23d furnishes the
following account Of the manner in which the Mayor
interfered to prevent breach Of the peace by one
Of the editors Of that paper and another person. Mr.
Chas. Irving. The difficulty between Messrs Wiae
and Irving grew out Of the duel between the former
and Mr. Clemens:
A curioas, if not somewhat complicated case, was
brought up in the Mayors Court yesterday BY Mayor
Mayo which took it's rise the part0R the proseeu
ton, With intent to prevent duel--it was then
turned off as Hbe constituting nisdemeauor in.
dctable by the Commonwealth, and finally settled
down as lauble effort on the part Of the Mayor to
preserve the peace and harmony Of the city Of Rich
mond.
Last Thursday, the 18Th inst after the appear
ance Of Card" ID the Whig'7 personally DENIM
ciatory Of Mr.. o. Jennings Wise, over the signature
Of Charles Irving, Mayor Mayo issued the following
warrant, without any affidavit having been made 70
MIN relative to the matter:
CRY OF RIcHxoNp, ro-g1r:
n ali or any 81 he Police officers Of said eity
cause 70 Suspect nat Jennings Wiz and Charles irving sTe
about 70 engage IN duel and that they in said city,
Wise end o Irving foritb and @ bling them bsF5se
| me- 70 be dealt with according 70 law.
Given under my hand Ibis 18Th day % November,
1859 JOSEPH MAYO, Mayor II, 81
On the next day, Friday, the 18th inst, police
officer e. r. ChalkIey executed the warrant by tax.
ing into custody both parties named therein, when
they entered into recognisance to appear yesterday
tae ga inst, before the Mayor. The card of Mr..
Nle N sne Enquirer Of Friday gave the Mayor to
understand that no duel according to the authorized
:" code,' could proceed from the matter, hence Mr..
Mayo decided 70 proceed, Of his own accord against
the parties on charge Of Iibei.'
/ Yesterday O.J. Wise and Charles irving with their
respective counsel, appeared in coHEtwhen the
| Mayor reviewed the case and thought, on the au-
thoTity Of old English law libel that libel even
such that published in the cards Of the defendants
| was misdemeanor subject to Indictment.
On the defendants side it urged that Hiibel p
to be so termed must be false defauat1ry and MALI
cous; and that q magistrate could not undertake to
decide know that the cards published constituted
libel, neither Of the parties libeled had made
complaint of the matter. Hence in this case there
was not particle Of proof addncible upon which tC
base prosecution for libel in this country.
The Mayor maintained that writing or doing any
thing that would excite one man to send challenge
| or cause an aftray, was mlsdemeanor. He merely
4 wanted to keep the peace Of the Commonwealth as
| we'll as the peace and harmony Of the city. He
wanted 10 ascertain if scenes of city excitements OF
street fights with pistols, were TO be allowed OF
causes tending to create such were to be tolerated
He wanted to know Also if the publication of aIibel
/ would not cause persons recognizance to keep the
peace, to be forfeited? Therefore he would lay the
matter before the Grand jury and test the question
of libel
For the present, o. Jennings Wise was under bonds
in the sum Of SO 600 to keep the peace. That was
sufficient. Charles Irving was under no bonds; so
in consideration Of the cards published by Irving and
the attendant excitement, he would require security
from c. Irving in the sum of 81 600, to keep The
peace in this Commonwealth, during twelve months
from date,