The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-03-13

questionable propriety.
THE GAMING AFFAIR.-Mr J. p. Rogers was
arraigned on yesterday before the Mayor on
charge OF assaulting J. M. Peers. Mr. J II.
Gilmer, Jr., appeared rs counsel for the de-
fendant, and Mr.. MaTmaduke Johnson for the
plaintiff The testimony of the witnesses in
the case was taken, and was, in substance, as
follows:
Mr.. j. NJ. Peers, worn.-One day last week,
Mr.. Rogers came to collect a bill. Witness
paid it, and Mr.. Rogers made several remarks
about It. Witness said to him that he wanted
no further to do about it. Words followed,
and Mr.. Rogers seized a weight which wit
ness took away from him. Mr. Rogers put his
hand in his pocket as if TO get his pistol, and,
with some threats, went out. In about an
hour afterwards, while witness was STOPPING
behind the counter, counting eggs, he was
knocked senseless. He did not know who
struck him.
Cross examined He had known Mr.. Rogers
six or seven months. Mr.. Rogers had insulted
him several times. On one occasion he had
said that he would expose him, because he did
not pay his debts. On the Saturday after the
affray, he had walked about the street. He had
Rogers had seized the iron weight and threat
ened to hit him. He ordered Mr.. Rogers out
of the store but he would not go out. When
he was knocked senseless he was standing with
his back to Mr. Rogers. Witness was suffering
from the effects of the blow, and could not re-
member distinctly what he had called Mr..
Rogers He remembered, however, that Mr..
Rogers had insulted him.
Dr. Richardson, sworn.--When he first saw
Mr. Peers he was lying in bed, and partially
sensible. He requested him to keep still, as
he feared any movement might prove danger
Gus Mr.. Peers was not out of danger
Wounds in the head frequently proved fatal
long after their infliction. The danger was
the result of conclusion of the brain Mr.
Peers was not out by his permission. he had
suffered serious injury.
KoontZ (partner of Mr.. Peers, Sworn.--
Returned to the store after dinner, and saw
that Mr.. Peers and Rogers had been quarelling.
He heard Rogers say, "Peers, l am going to
cane YOU the first time / meet you" Peers
replied " If you do, III shoot you.' In about
an hour afterwards he was sitting in the store,
reading, and Peers was leaning behind the
counter, coun ting eggs and Rogers came in and
struck Peers on the head. Rogers ran behind
the counter and, witness thought kicked
Peers. Witness caught hold of Rogers, ana
told him not to strike him again.
Cross s-examined.-Mr. Rogers said some
thing that he did not hear, but he did not give
Peers time TO prepare. Peers apologlzed after
Rogers had struck him.
Mr. John Moore, sworn.-Was standing in
front of Messrs Workman & Co.'S store, on
Cary street, when Mr.. Rogers came to him in
Very excited manner and told him that q
man had called him a id rascal, and that he
wanted him to go with him. He went with
him to Walsh's, and there Mr.. Rogers bought
a stick They then proceeded to Mr.. Peers s
store. Mr.. Rogers started to run into the
store, and got ahead of him. He heard Mr..
Rogers make some exclamation, and after.
wards he saw him strike Mr.. Peers. He ran
in and heard Peers say that he apologized.
Witness told Rogers not to strike him again,
as he had apologized, and had been punished
by him sufficiently.
Cross examined. Thought that sufficient
time had elapsed between the time that he
made his exclamation and the time when Tie
blow was struck for Mr.. Peers 10 prepare
himself.
Questioned by Mr.. Marmaduke Johnson
Mr.. Rogers wanted him to go with him to
Peers's store, where he intended to cane him,
because Peers had insulted him. When Peers
fell he heard him say he was dead. Rogers
asked him If he would apologize, and Peers
said, ooh, yes ~
Thomas Anderson, sworn.-Had business
with Peers on Monday, and, while there, Mr.
Rogers and Mr.. Peers were having some bust
ness together. Mr.. Rogers presented bill TO
MIR. Peers, who told him that he would have a
plenty of money on Monday, and that he
would give him a check for his money, dated
ahead. Peers gave him the check Rogers
pleasantly called his attention to an error III
the check, which Peers corrected. As Rogers
started 10 go ont, he said, in jocular manner
"Open n bottle of wine.' Peers said, 81
have no wine, sir-go out of my store" Mr.
Rogers then said, "Give me cracker ano
some cheese, then" Peers said, " have
none" Rogers then went up to Mr.. Peers
and said to him, Now, Mr.. Peers, since you
have come to this wish to ask you if an
the cause of your stopping to deal with oul
house?" Peers said, No, you were not; you
have got your money; go along out; this i:
the last receipt you will ever sign for me. y
Rogers said, pleasantly, "Oh, no, reckon
not, sir" Peers said, 'SI'll bet you ii is-Il
bet you five hundred dollars 10. five cents
Other words followed, when Mr.. Peers called
Mr.. Rogers a id scoundrel without any
provocation. Mr.. Peers seized weight ant
held it menacingly towards Mr.. Rogers. Mr.
Rogers told him he would shoot him if ht
threw the weight at him. Peers said, "You
are a id puppy" MIR. Rogers said, "1'l
cane you for this the first time see you" anc
went out. He returned afterwards, and wit
ness saw part Of the affair.
- Velander, sworn.-Had his attention
called to Mr.. Peers's store by hearing swear
ing there. Heard Peers call Rogers dc
scoundrel. Heard Mr.. Rogers invite him on
of the store. Peers ordered him away. (Tht
question was here asked by the counsel for the
defendant if the witness had not had quar-
rel with Mr.. Peers shozt time since. The
counsel for Mr.. Peers here objected TO the
question, and after some discussion the ques
tion was ruled out.)
Here the testimony was closed, and Mr.
Gilmer argued for some moments in defenct
of Mr.. Rogers.
Mr.. Johnson, for Mr.. Peers, followed him ir
a few remarks. Mr. Gilmer wished here u