The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-06-26

oopt that DR.. DELlisdsa mas mot by appointment
on thoir way to tho ground, but tho Doctor only
rodo q short distancc sri got out TO visit some
patients, dangerously i'll. Tho Doctor gavo The
tourncquet and othor necessary instruments tC
MIR. JHo. BoAa. Tho duol was fought at r. NJ.
Cross-eIRmirlcd by NJ. p 0CoNKoR, Esq: Did
not 800 tho duo but know that all tho prclimina-
rios wero satisfactorily arranged according to tho
established sodo. RoE's character was notorious
as bully, and riotous, dangerous, violonl char
actor threatened at all times to uao weapons.
Vas present whom T. @. DoAu satd to Roe You
hnVe abused mo, ,traduced my oha-actor, aud spoken
unexpectedly OF my family. RoE answcroil,
wlInt have said will not go back upon. Whom
Roe snid know you aro dung-hill and coward.
and want to back down, and will mnko you show
tho wlito feather, DoAo named tho Pavilion IIolol
as place to arrangoltho proliminarios, which wns
assoh'ed to by Roe, provided PUnoEL or NAruAss
| uiu fot issuo an execution against him. MoDow-
ALL carried yorbal challenge to Doau
| Cross-eSamncd by III. T. OCoNNon, ESQ.,: Tho
message carried by McDowALL was that RoE womb
nght BoAu ut any timo or place, and in my FORM
When Mt tho Pavilion Hotel, at the conference bo-
foro tho fight, McDowALL showed Willingness TO
Try and arrange tho matter, and cav Roz, at tho
suggestion Of dcponont, but returned with tho
| Hostile message. Doponent met Roe and nIoDow-
ALL I'm Meeting strcot, at IL o'clock, and again M
proachod MoDowALL, who conferred with I,oE, and
thon stated that tho matter was sottlcd tho car.
| riage had boon engaged. On tho fold, MoDowA1I
showed tho samo Willingness to arrange tho mat
tor, but tho answor wns 30 invariably tho samo
that tho doponont nsked ItoE individually but tho
| samo hostility WAS shown. RoE's disposition was
| SUCH that when in o mood for an encounter, moth
ing could control him, not forty seconds IIo
| was extremely sof-willed, and il determined upon
| fight, nothing could h,vo prevented him.
INC httonoy-General hcro closed tho testimony
Tor tho prosecution. Tho dcscnno rnfusod 10 place
| tho prisoners on the stand, and appealed at onco
to tho Jury.
ASHER ID. COHEN, ESQ.,, oponed tho argument
Tor tho dofonco, showing to tho jury that the case
MAS ono OF oxtron,o novelty, us tho killing Of NoR
| was not doned. Notwithstanding that similar
cases havo boon triod in this State, yot tho voico
OF tho country has always decided, from tho jury
box, in favor Of tho accused Tho only Issue in
tho present case is IL the killing WAS justifinblc,
hlr COHEN roviowcd tho oyiloncc and showed
to tho jury that, with tho exception Iof Roe, all
parties woro willing and anxious to adjust tho mat
tor amonbly; but, from tho yiolont and turbulent
mannor Of Roe, this was impossible, and tho duol
WAS not only unavoidable but justiGnblo, and it
waH impossible for 7. @. DoAa to haYo acted
otherwise.
CHARLES II. srMoNToK, Esq, followed, and
in oloar, lucid and ablo argumont laid before
tho jury tho particular case Of Mr.. CLANCY, show
ing thom TINT ho noithor nctod nor nbotted any
murder, as sot forth in tho indictment, but tho
charge had fallon to tho ground. Ho roviowed
MIR. CLANCY's actions and proved that his presence
on tho ground WAS accidental, and aftor his arriy-
oil OIL tho ground his worry actions WIS directed to-
ward stopping tho fight aud making aomo AMIGA
bio arrangement. His final action WAS induced by
tho shno motives, and tho only construction that
could DO placed on his conduct was tho worry op-
posito to whnt was charged by tho State md tho
prosecution.
VIM. WHALEY, ESQ, tho asHociato counsel for Mr.,
CLANCY, followed Mr.. SBIoSroN. Ho frat discuss
cd tho crimo OF murtlor and how it WAS construed
by tho law; no showed what n,nlico o forothonght
consisted OF, and in what particulars tho prosont
| oaso was devoid OF this mnlice. Ho reviewed tho
osidonco and clearly showed that by tho statement
of tho witnesses for stho prosecution, Mr. CLANCY
| stood before tho community purged from any
participation with tho crimo, il any crime had
boon committed. hIr. WuALEY quoted from
| several learned authorities In which similar
cascs woro mentioned and whore tho innocence
| OF accused was fully shown.
III. p. o'CosNon, Esq, tho counsel for Mr..
MCDONALD, then argued tho case OF his client.
o traced tho institution OF tho duello bnck to tho
| remote ages, showing that in England, Ireland
| Fanco, and othor countries, no Jury had oyor ro-
| turned verdict Ct murder, or oren mnuslnurhlor
In this State and country tho codo hos been rccop
nized for oYcr threo-quartcrs OF q century; it is
dcnr to cvorY chiyario breast, and whothcr govern
cd by tho Puritan bluo book lnws, or by moro on
| hghtenod code, tho result hnl a1waya boon Tho
samo. Ho showed that public opinion had rocog-
nized Tho code Of honor, and that in overy age and
r1,1iI1 t,;rspn xsao
| common low. Mr.. 0'CoNNoH showed that, though
| a second, MoDowALL had throughout onicayored
to adjust tho difficulty, and only yielded to tho
| impiacable tompor Of his principal, who insisted
| on lght, and il MoDowALL had not acted as his
| friend, no would hayo fought anyhow, and IN on
informal mannor. Tho insinuation on tho part OF
somo of tho witncssos, that MoDowAII. was intoxi-
catod on tho ground, moro than refutotl by the
| ovi icnco of others. who testified that MoDowAL1
was cool, collected, and managed tho unfortunate
| affair in an honorable manner.
II. w. SEYNoUn, Esq., tho associate OF III, p
OCokson, Esq., arose TO conclude tho argument.
| whom the Judge snid that no would not pross tho
trial any further. Mr. SEYMOUR decided to con.
tinuo the argument, and addressed The Jury on
the dineront features OF the case, but enlarged
particularly on tho character OF his cliont showing
that tho asporsions cast upon him had all beon ro-
A~So't AaAu hhin uoH WITHOUT DlemiHl,
Nothing in tho shape OF into1ication could be
proved against him, but Le had, throughout the
| affair, acted with moderation and discretion,
On tho conclusion OF Mr. SEYMoun's argument,
tho Court adjourned to 10 A. M. to-day, whom Tho
| case will DO resumed.
WE HAVE TRIED IT. Tried what2 Why tho eroat
Cough remedy, PEcToRAL DALMl Having derived
boneht from it, wo use tho scriptural injunction,
$50 thou and do lkewiso.n
For salo by all druggists.
DOWIR d NOISE, Agents,
GOODRICH, wINEMAN & CO., Agents,
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says the Cleveland Daily Leader, which hayo be-
como 30 popular with tho musical public, arc mado
only by MASON & HAlnIJ, and arc far superior to
any othor instrument In tho world. They aro all
eIoellont pnrlor Instruments, and tho low price at
which thcy arc sold brings thom within the reach
OF all.
o.
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II you want oheap Stationery, Envelopes, Pa
per, &C.; or, MI1hgRs Almanac;
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