The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-24

isg.-Hon. T. G. Tabb, presiding.
Mrs. Eliza Smith, charged Mr.. John Wood
house with using abusive and threatening Ian
suage towards her. After patient investiga-
ton, His Honor decided to bind Mr.. Wooodhouse
TO keep the peace for six months in the sum of one
hundred dollars.
The case of Cartwright CO., postponed on
Tuesday, was taken up yesterday, and that firm
was fined twenty dollars and costs for running
wagon on the street without license.
John Beauquin, was fined twenty dollars and
eoats for the same offence.
In the case of the Commonwealth Vs. W. II.
Traverse, charged with challenging j. B. Weeks
to light a duel, and with making assault with
intent to kill, on the said j. B. Weeks, the Mayor
delivered the following opinion:
1.-THE Court is of the opinion, that single JUS
tce should be very careful in the exercise of his
judicial functions in criminal matters, not to
transcend the authority with which the law in
vests him.
&" A single Justice, in criminal cases, does not
sit as Court of Oyer and Terminer. From the
law of the case--from the nature and intention of
the jurisdiction-it is clearly apparent, that the
ingle justice is not required to pass upon the guilt
of the accused, but only to enquire if the offence
charged has been committed, and whether there
10 probable cause to believe the accused guilty
The single justice may hear testimony, er parte
only-only on the side of the Commonwealth;
and if he is of the opinion that the case should be
further enquired into, he should send the accused
on to higher tribunal, before which, the law and
the evidence will be more deliberately and care
fully investigated. In regard to the charge DC.
the prisoner, to wit That he challenged the COM
plainant, Weeks, to fight duel while the Court is
free to state there are some circumstances attend
ing the case rather characterizing the affair as
frivilous, and the unmeaning yagary of drunk
ards impulse yet the act of the challenge is dis
tinctly proved by five more witnesses, and the
Court considers it proper that higher tribunal
shall pass upon the guilt of the prisoner, under
the law and testimony of the case.
Sec 20, chap l9l, Code of Virginia, is in the
following words:
off any free person, send, or deliver to another,
a challenge, or a message intended to be chal-
lenge, oral or toritten. to fight duel, though no
duel ensue, he shall be confined in jail not more
than one year, and be fined not exceeding one
thousand dollars
As to the charge of an assault with intent to
kill--the graver charge--the evidence shows the
previous nmical feelings of the prisoner towards
Weeks-that there had been an actual quarrel
between the prisoner and Weeks-that there was
cause of quarrel between the parties-that the
prisoner and Weeks had published each other in
the newspapers Of the city--that there was malice
aforsthought on the part of the prisoner when the
assault was made, and that the prisoner did, on
the 2lst day of August, 1865, make violent as
ssault on Weeks with deadly weapon with in
sent to kill, shown by his attitude and actions
and by his language uttered at the time, viz
"rll blow your brains out, you id son of a
b--h.n
The court decides to commit the prisoner, te
be indicted before the Court of the Corporation
at its next term.