The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-01-16

CHARGE oF A,5ArLT AND BATTERY DIsPushp
oF-Thr Mayor yesterday morning resumed
the investigation of the charge against Will
linn J.. peasley of committing AN assault and
battery against Robert Dudley, with intent 10
kill. Witnesses for the defence We're called and
sworn.
William Holmes t"stifled that, after Peaslcy
was bound over, hc requested Justice Chand-
Ter 10 have Dudley bound over, rs h" thought
him Z dangerous man, and he wished TO avoid
further difficulty with him.
This testimony was objected TO by Mr.. Cas-
kic, counsel for Dudley, and ruled out by the
Mayor.
The witness then proceeded 10 state that,
after Peaslcv was released on bail, he said he
would 20 on home. as h" wished 10 have no
further difficulty with Dudley. Heafterwards
saw him enter the saloon, Just as Dudley had
made Il remark comparing sundry marketmcn
TO cur dogs. A. Peasley entered he told Dud
ley he wanted 10 have some talk with him. and
extended his hand. Dudley said that he
wanted 10 20 out Peasley then said, " If you
won't talk with me, then kiss me- Upon
this. Dudley flew into q passion, aud said such
talk rs that did not suit him, or something 10
that effect. Peasley then struck him. Wit
ness was almost positive that Peasley heard
the remark about cur dogs. He said 10 Mr..
Dudley, =" I'm no cur
William Tocr, barkecpcr for Peasley, testi-
fed that when the accused requested Dudley
10 kiss him. the latter drew back and
exclaimed, Cd d-n You, I'm not man of
that kind" Not more 1han two or three blows
the bar and separated the parties.
Berry Amos made Il statement relative 10
Peascy's conduct after he was bound over,
showing that he desired 10 avoid 4 renewal OF
the difficulty with Dudley.
William Jones testified that, m The morning
of the day on which the fight occurred, he was
talking with Pcasleyin the market when Dnd-
ley came up and a conversation enSucd r,la-
tive 10 It barrel OF eggs, iii tue course OF which
Dudley gave Peasley the " id lie Witness
urged PcaSlcy to 20 away ana have no dill
Guilty III the market. and b" did so. He knew
thai Dudley was in the habit OF carrying pis-
tolls.
This closed the testimony for the defence.
Mr. caSkic briefly addressed the Court on
behalf of the plaintiff. He called his Honor's
attention 10 the statute providing pcnalueS Tor
IN assault and battery with intent 10 MAIN,
disfignre or kin, which is made punishable by
confinement in the penitcnliary for not less
than one nor more than ten years He regarded
the present offence ~ coming under that
statute
Mr. Marmadnke Johnson, for the defence,
reviewed the testimony nj some length, de-
ducing from it the fact that Pcaslcy had used
every effort in his power TO avoid the second
difficulty with Dudley. He took issue with the
opposing counsel rs 10 III" magnitude OF the
offence. and thought that nothing more should
be donc than 10 bind the accused over to keep
the peace. His client had already forfeited
his former bond OF three hundred dollars III
consequence Of subsequent provOcation offered
by Dudley, and this, with the binding Of him
over to keep the peace for twelve months, was
sufficient punishment.
The Mayor said that, after hearing all the
testimony, he was OF the OPINION that L Flo-
lent assault had been committed, and he
would therefore send The accused on 10 the
next Grand Jury term of the Hastings Court,
on the second Monday in February, and in the
meantime would admit him 10 bail IN the sum
of one thousand dollars for his appearance.
The bail was promptly given-AlesSrs. X. IL.
Alien and William j Brown becoming his
sureties.