The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-09-04

aERvIILE.-Thc case of Mr.. w. G. Mayo,
deputy constable of this city, charged
with shooting at and wounding w. J. So
mervile while he (Mr. Mayo was in the
discharge of his duty, was called up i'll tho
Mayors court on yesterday before Re-
cordcr Rcgnault. Colonel Marmaduke
Johnson appeared as counsel for Mr..
Mayo, and Messrs. J. Harmcr Gilmer and
Colonel August appeared as counsel for
Mr.. Somcrvllc.
Mr.. Gilmer applied to have the case of
his client, Mr.. Somcrville, postponed until
Wednesday, but Colonel Johnson urged
that the charge against Mr.. Mayo might be
examined into at once.
After some discussion, in which the
counsel took part, the Recorder announced
that he would proceed with the case of
Mr.. Mayo, and then determine in relation
to that Of Somcrvillc.
Mr.. Isbcll, of the firm Of Isbell & Davis,
testified that he had taken out distress
warrant, and that it had been given to Mr..
Mayo to he served. He informed Mr..
Mavo that there were two horses upon the
premises, Mr.. Somerville being sub
tenant, and nc desired that they might be
levied upon at once, for fear that they
might be run off. At the time that he
first attempted to make the levy, Mr.. Mayo
was unarmed, but Mr.. Somcrvillc appear
ed to he armed.
Mr.. Crump, the High Constable, tcsti-
fled that Mr.. Mayo was his deputy, and
said that had he known that he (Mr. Mayo)
was going to serve a warrant upon Somcr-
Vile he would have lent him his pistol,
Somervillc being notorious character.
Policeman Hall dcposcd that he saw the
commencement of the affair. Somerville
had horse in his possession, and Mayo
told him that he must take it away. Somcr-
vile said the horse belonged to DR.. Pol
lard, and finally declared that if Mayo at
tcmptcd to take the horse abe would
blow a hole through him." Mr.. Mayo was
in process of executing the warrant at this
time. Witness then ran off to borrow a
pistol. The affair began at the corner of
Eighth and Cary streets.
Policeman Ferris, at the time referred to,
saw a crowd, and man was pointed ont to
him as being about to shoot. He stopped
this man and took pistol from him, and
then chased Mr.. Parr, who was running
off. but could not catch him. lie was then
tOIu 10 arrest III. DOIhSiNiAiS) "nASi i|
did.
Mr.. T. W. Parr testified that he saw Mr..
Somcrvile leading horse down to the ba-
sin. Mr.. Mayo then came up and said that
Somcrville had resisted him and threaten
ed to shoot him, and asked him (Mr. Parr)
to lend him pistol. Finally, Mr.. Mayo
borrowed pistol, but in the mean while
the horse had been taken down to boat
lying in the basin. Mr.. Mayo then went
in pursuit, and shot at Somer1ille while nc
was leading the horse Oft. About fifteen
minutes after he was shot, Mr.. Somcrville
came ont from the boat with an old mus
kct in his hand.
After hearing this evidence, Recorder
Rcgnault directed that Mr.. Mayo be dis
charged.
The case of Mr.. Somervillc, charged
with obstructing and resisting Deputy Con-
stable Mayo while engaged in the dis
charge of his duty, was continued until to-
morrow "wednesday morning at eleven
O'Clock.
Somerville was bailed in the sum OF
$500, and Parr in the sum Of $500, to ap-
pear on Wednesday and. Somerville was
bound over in the sum of 81 200, and Parr
in the snm Of $500, to keep the peace dd
| interim.