The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1864-08-29
LOCAL MATTERS,

THE DuELLrNo CASE AaAIs.--According to ad-
journment, the examination in the duelling be-
tween Mr. E. G. Elmore the principal on one side
and Mr.. Ii. Rives Pollard IS the second ON the
/other, resumed before Justiees Riddlek and
Lee, Of Henrico county, on saturday last Upon the
opening of the case Mr.. John ID. Young, the prose-
cutting attorney, called to the witness stand Mr..
George ". Butler, and desired to know of him
whether, in his evidence on previous OCCASION he
did not say that, from a conversation with Mr.. Ell
more, he learnt that "hostile meeting" had taken
place between himself and Mr.. John M Daniel
10 this question Mr. Butler replied that he did
not say that Mr.. Elmote told him anything about
hostile" meeting, but simply that there had
been IA meeting. Ii MIR. Young understood him to
use the void "hostiie" at all, he there
was soIIre mistake.
DIR. A. E. Peticolas was then called to the stand,
when certain questions were propounded by MIR.
Young with reference to the time and place where
the duel between Mr.. Elmore and MI. Daniel was
fought and the result
Dr. Peticolas declined to make any answer to the
interrogatories.
Mr. Young then read from the acts passed by the
Legislature Of Virginia in the month Of January,
1852 the clause relative to duelng, which says that
d" every person who may have been the bearer of a
challenge or acceptance, or otherwise engaged or
concerned in any duel actually fought, may be re-
quired in any prosecution against any person but
himself, for having fought, aided or abetted i'll
such duel, to testify witness in such prosecu-
ton but any statement made by such person, as
such witness, shall not be useds gas It him any
prosecution against HIMSELF" and again repeated
the questions, informing DR. Petcolas, at the
same time, that if he persisted in his refusal to
testify painful as 1t was to him 10 have to do yet
the oath which he hRt taken the commonwealth.s
prosecutor required him to move for his DIR. Peti-
coass commitment to prison for contempt Of court,
and he would not finch from the impartial perform
anCe of his duty.
DR. Peticolas then said, in substance, that "while
am well aware that my own words could not be
used i'll evidence against myself, still they might
directly lead to nv prosecution Until therefore,
a fled hat IN
tlfy will not impcate myself, prefer TO stand IN
| tho position have already assumed
Whereupon Mr.. Young renewed his motion that
Dr. Petcola5 be committed to jail for contempt Of
court. He supported his motion in argument Of
some minutes DURATION during which he cited va
rious Legal decisions in similar cases. and read from
| tho statutes of Virginia to sustain him i'll the de-
maud which he made of the Justices.
The question was further argued till four O'Clock
by Hon. Patrick Henry Aylctt and General Hum
phrcy Marshall, counsel for the defence, who con-
tended that while the acts of the Legislature on the
| subject of dueiing wero couched in the language
| quoted by Mr.. Young, yet the decision Of the
courts, which We're paramount to any State statute,
had been adverse to such practice and, therefore, 1t
was not proper to insist upon witness making any
statement which might tend to lmpicatc him In a
criminal prosecution. Reference also made to
the trial before Judge Meredith Of Messrs Sherrard
Clemens and o. Jennings Wise who had engaged IN
duel, during which that functonary sustained the
| position which they maintained was correct and
declined to press any questions which Roger A
| Pryor. VINO Was Clemens second, Thought might
| implcate him i'll future difficulties The statutes
on the subject of duellng passed by the LeglslA-
ture were severely criticised by the counsel for the
defence, ami were, they cUntended, OF such a char
acter ~ II ealrled cut, would rob our citizens oi
| every right OF independence and justice. Messrs
| Aylett aud Marshall argued their points at great
length, but the limited space afforded precludcs III
from making any extended notice of their remai Ks.
AT few minutes past four o'clock the motion for
| commitment was left in the hands of the Justices
| who reserved their decision until this morning at
IL O'Clock, and held the parties to bail for their ap-
petrance Mt that time.