The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-11-24
LOCAL MATTERS.

EXAMINATION OF PARTIES CHARGED WITH Is-
TENDING TO PRACTICE THE CODE OF HosoR---As
| stated in our yesterdays issue, the Hon. II. $.
Foote, a member of the House of Representatives
from Tennessee, was arrested ON Tuesday afternoon
and held to bail in the sum of five thousand dollars
Tor his appearance before the Mayor to answer the
charge OF being about to engage In duel with Mr..
John Mitchell. Yesterday morning both gentlemen
came into court Mr.. Foote represented by Mr. John
IL Glmer as his counsel and Mr. Mitchell conducting
his own case. At the same time the Hon. Mr..
Swai also a member of Congress from Tennessee,
appeared before the Mayor to answer the charge of
being the bearer of challenge from Mr.. Micthel to
Hon. Mr. Foote.
In order to make the matter fully understood it
may be proper to state that, Monday last there
appeared in the Examiner some editorial structures
upon u speech which Mr.. Foote made In the House
OF Representatives on Saturday, with reference to
certain resolutions which had been introduced by
Mr.. Staples These editorial remarks Mr.. Foote at
t1ibuted to Mr.. Mitchell and in the of his
ply, in the House, used expressions which
deemed personally offensive By Mr.. Mitchell. Sub
sequcnty, Mr. Mitchell addressed note to the Hon.
Mr.. Foote, which he entrusted to the hands of the
Hon. Mr.. Swan; but there having been previous
estrsngement of friendly feeling between Mr.. Swan
and Mr.. Foote, the latter declined to hold any
respondcnce through him; whereupon alteration
occurred between the two (Messrs Foote and Swami
| in Mr.. Foote'S room, at the Ballard House.
The following is the substance OF the evidence
given in the examination which took place before
he Mayor yesterday:
III. Rives Pollard, of the Examiner sworn.--On
Monday night was introduced to Mr.. Swan, in the
Examiner office, by Mr.. John M. Daniel. At Mr..
SWANS request, walked with him to Mr.. Foote'S
room, at the Ballard House, to show him where he
lived. had not the sliN Ntest suspicion that there
was any other than the most friendly feeling exist
ing between them. On knocking at Mr.. Foote' S
| door, it was promptly opened by Mrs Foote. in-
quiIod of her if her husband was in; and immedi-
ately upon hearing his name called Mr. Foote, whom
/ sitting by the fire with his head leaning down.
as if he drowsy, Strengthened up, and ON seeing
who il was received me very cordially. After sba
kiRr' hands with me, motioned towards Mr. Swan,
who vas standing at the door, and remarked to Mr..
| Foote that supposed he was acquainted with his
colleague Mr.. Foote, to the best of my recollection
/ replied Mr. Pollard, can't recognize him he is
not gentleman" Mr.. Swan remarked, Governor,
| 1 am the bearer of note to you F" As might be
supposed this state of things greatly surprised and
embarrassed me, and my recollection of what took
place afterwards may not be entirely correct; but
think Mr. Foote then remarked, with his face side
ways to Mr. swan, as if addressing himself to me,)
"This is my bedchamber, and he (Swan) must
| leave" Mr.. Swan thereupon struck Mr.. Foote,
when sprang between them. Mr. Foote had a
pistol in his hand; and fearing that he would kill
some one endeavored to paclfy him. As soon as
the lick struck Swan backed into the passage
way: During the whole of my interview that eve
ming Mr.. Foote'S conduct was by no means bols-
ferrous; he was cool and collected even after he
struck and as far our own relations were con-
cerned they We're very cordial and friendly. In
cluson, Mr.. Pollard reiterated the assertion that
| he had knowledge of Mr. SWANS business, and
| only went with him to Mr.. Foote's room because he
knew hum well, and supposed that MIR. Swan did not
| know where he lived
| ii. W. Thomas, of Fairfax, testifed.-On Monday
night, at early hour my attention called to
the screams of what seemed to be lady's voice and
l noise as if some persons were in scufie. ran
out of my room to Mr.. Foote'S which is only few
doors off, where found Mr. Swan, outside of the door,
with achair in his hands, raised and inside were Mr.
| Foote and Mr.. Pollard. Upon inquiry, ascertain
! ed the matter General Wickham and myself, both
| occupying adjacent rooms, took Mr.. Swan off to
my room. He there expressed regret that any dita-
| Guilty should have occurred between himself and
Governor Foote in the presence of his (Foote's)
wife; but said that he could not well avoid it, as he
| lFoote) had said he gentleman General
Wickham and myself then went into Governor
Foote'S room and got Mr.. Swans hat and overcoat,
which he had left in there In an hour or so after
| the fight took place, Governor Foote came into my
| room and consulted with General Wickham and
myself as to what course he had best pursue to-
wards Mr.. Swan. We advised him that, under the
circumstances, nothing further was required of him
Governor Foote soon afterwards returned to his own
| room, but returned early Tuesday morning into
| my room and informed me that he had determined
| to challenge Mr.. Swan. He then handed me let
ter, addressed to Mr.. Swan, recOunting the circum
| stances of the attack which had been made upor
him by Mr.. Swan, stating that he had obtrudef
| his presence upon him in his private chamber
where his wife and children were, and, like an as
sassin, had assailed him, for which conduct he re
quired settlement with Mr.. Swan. The note con
| cluded by saying that there only two alterna
tives left him-either to attack him on the street
and thereby endanger the lives OF others, TO NEE
l him (Swan) upon a fair field, armed as might b
Mr.. winn, doorkeeper of the House of Representa-
: | tives, sworn.-On Monday afternoon last, Nj
| Swan came into my room and inquired where b
| could find MessTs. Barksdale's, Weleh's and Go
, | vernon Foote'S rooms l remarked to him that
| thought Governor Foote and himself were not OF
good terms to which he replied that his object wa
to heal their old differences that there had been
| good deal OF clamor and dissenson among the Mis-
sssppi delegation, and he desired that they should
all harmonize. In about an hour afterwards, a boy
| n DaCkaQa
l Foote TO be handed TO Mr. Cardwell. Soon after
| wards, Mr. Cardwell came in, took the note, brok'
the seal and read the contents He then made
memorandum on the back of the letter addressed Il
| Swan, which was in the package III the following
words: My friend, Mr.. Cardwell, is authorized u
receive any reply which you (Swan) may have t
, | make" Upon inquiry, Cardwell told me that Mr.
| Foote directed said memorandum to be made upoi
the back OF the note to Swan, and that it meant
challenge to fight a duel.
General Atkinson, member of Congress from Ten
nessee, knew that Governor Foote and Mr. Swai
were not on good terms, that language had passet
between them which gentlemen ought not to use to
| past both OF these gentlemen met in his acci
dentally, but neither of them spoke during the eve
ming. On Tuesday night, at Mr.. Foote'S room, h
told me of the difficulty which had taken place be
tween himself and MIR. Swan the night before ant
| said that he hat challenged Swan.
Mr.. Barksdale, member of the House of Repre-
sentatives from Mississippi, sworn.--On Monda.
evening, Mr.. swan came to my room and desired u
, | know whether, under the circumstances,-he ben
| at variance with MIR. Foote-there would be any im
, prOpriety in his bearing note to HIM from Mi
| Mitchell, a challenge told him did not thinl
there would be, in view Of what Governor Foote ha,
| said in the course of some remarks made that day
to Wit: That for the purpose Of affording salts
faction to any person who might suppose himself re
| ferred to, he would regard any man who felt ag
a QKieved gentleman outside of this hall, AM
lnav - ~ersonal misunderstanding should be bar
\ rier 10 meetlIs s~tween them"
The note which Mr.. Swas hare To Governor Foot
| is supposed to have been eharleass from MI
Mitchell. The Mayor desired to a copy OF IL, bu
MIR. Mitchell declined furnishngit, remarking tina
1T had been handed back to him.
Mr.. John M. Daniel was then sent for to testify
the authenticity Of letter which appeared in tn
, Examiner OF yesterday with reference to Mr.. Foot.
over the signature of " John Mitchell" That gen
tleman had never seen the manuscript Of the lette
and could not, therefore, swear positively who wroi
1T. He did see the proof-sheet of it, however, an
altered it very considerably.
The Mayor then announced that he should hol
all the gentlemen to security to keep the peace.
' Mr.. Foote.-Within what limit sir!
The Mayor.-Within the limits Of the Common
wealth of Virginia.
: Mr. Foote.-very well. sir; the boundary line
: not far off.
Messrs. Foote and Swan were then held to securit
to keep the peace for one year in the sum Of fy
thousand dollars each and Mr.. Mitchell was ais
required to enter into bonds the sum OF two thou
sand dollars.
EXPLOSION OF SHELL-TnREE PERSONS KILLE
AND Four WouNDEp.-Between IL and o'coc
| Yesterday as some negroes were engaged in un