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

cept that DR.. BEIL1NaER was met by appointment
on their way to the ground, but the Doctor only
rode o short distance and got out to visit some
patients, dangerously i'll. The Doctor gave the
tournequet and other necessary instruments to
MIR. JNo. BoAa The duel was fought at 4 P. M.
Cross-examincd by NJ. P. O'CoNNoR, Esq: Did
not see the duel, but knew that oil the preGmina-
ries we're satisfactorily arranged according to the
established code. RoE's character was notorious
as bully, and riotous, dangerous, violent char
acter; threatened at all times to use weapons.
Was present when T. G.. BoAa said to Roe, you
have abused me, ,traduced my character, and spoken
disrespectfuIy Of my family. Roe answered,
what have said will not go back upon. When
Roe said know you are duug-hn and coward,
and want to back down, and will make you show
the white feather, BoAa named the Pavilion Hotel
as place to arrangeithe preliminaries, which was
assented to by Roe, provided Purcell or NArHANs
did not issue an execution against him. McDoW-
ALL carried verbal challenge to BoAa.
Cross-e1amined by NJ. P. O'CoNNoR, Esq: The
message carried by McDowALL was that Roe would
fight BoAa at any time or place, and in any form.
w L6u dU tuo hOVol, 0Ao SOhiO1ShSo wv
fore the fight, MCDONALD showed willingness to
try and arrange the matter, and saw Roe, at the
suggestion of deponent, but returned with the
hostile message. Deponent met Roe and MoDow-
ALL in Meeting street, at II o'clock, and again ap-
preached McDowALL, who conferred with RoE and
then stated that the matter was settled, the car
riage had been engaged. On the field, MoDowALL
showed the same willingness to arrange tho mat
ter, but the answer was 80 invariably the same
that the deponent asked Roe individually, but the
same hostility was shown. RoE's disposition was
such that when in mood for an encounter, moth
ing could control him, not even forty seconds. He
was extremely self-willed, and if determined upon
o fight, nothing could have prevented him.
The Attorney General here closed the testimony
for the prosecution. The defence refused to place
tho prisoners on the stand, and appealed at once
to the jury.
ASHER D. COHEN, Esq, opened the argument
for the defonce showing to the jury that the case
was one OF extreme novelty, as the killing OF Roe
was not denied. Notwithstanding that similar
cases have been tried in this State, yet the voice
OF tho country has always decided, from the jury
box, in favor of the accused. Tho only issue in
the present case is, If the killing was justiable.
MIR. COHEN reviewed the evidence, and showed
to the jury that, with the exception tof Roe, all
parties were willing and anxious to adjust the mat
ter amicably; but, from the violent and turbulent
manner of Roe, this was impossible, and the duel
was not only unavoidable, but justifable, and it
was impossible for T. G.. BoAa to have acted
otherwise.
CHARLES H. SIMoNToN, Esq, followed, and
in clear, lucid and able argument, laid before
the jury the particular case Of Mr.. CLANCY, show
ing them that he neither acted nor abetted any
murder, as set forth in the indictment, but the
charge had fallen to the ground. He reviewed
Mr.. CLANcY's actions and proved that his presence
on the ground was accidental, and after his arriv-
al on tho ground his very actions was directed to-
ward stopping the fight and making some AMIGA
BILE arrangement. His final action was induced by
the same motives, and the only construction that
could be placed on his conduct was the very op-
posite to what was charged by the State and the
prosecution.
VIM. WHALEY, Esq, the associate counsel for Mr..
CLANCY, followed Mr.. slmoNToN. He first discuss
ed the crime OF murder and how it was construed
by tho law; he showed what malice forethought
consisted of, and in what particulars the present
case was devoid OF this malice. He reviewed the
evidence and clearly showed that by the statement
Of the witnesses for the prosecution, MIR. CLANCY
stood before tho community purged from any
participation with the crime, il any crime had
been committed. Mr.. WHALEY quoted from
several learned authorities in which similar
cases were mentioned, and where the innocence
Of accused was fully shown.
NJ. P. O'CoNNoR, Esq, the counsel for MIR.
McDowALL, then argued the case of his client.
He traced the institution Of the duelo back to the
remote ages, showing that in England, Ireland,
F. ance, and other countries, no jury had ever re-
turned o verdict Ct murder, or even manslaughter.
In this State and country the code has been recog-
nzed for over three-quarters Of o century; it is
dear to every chivalric breast andwhether govern
ed by the Puritan blue book laws, or by moro en-
lightened code, the result has always been the
same. He showed that public opinion had recog-
nzod tho code of honor, and that in every age and
country public opinion would rise superior to the
common law. MIR. O'CoNNoR showed that, though
second, MoDowALL had throughout endeavored
TO adjust tho difficulty, and only yielded to the
implacable temper Of his principal, who insisted
on fight and if McDowA1L had not acted as his
friend, he would have fought anyhow, and in an
informal manner. The insinuatioa on the part Of
some Of the witnesses, that MCDowA1I was intoxi
Gated on the ground, WAS more than refuted by the
evidence of others, who testified that MoDowALL
was cool, collected, and managed the unfortunate
affair in an honorable manner.
R. W. SEYMOUR, ESQ.,, the associate Of NJ. P.
O'CoNNoR, ESQ.,, arose to conclude the argument,
when the Judge said that he would not press the
trial any further. Mr.. SEYMOUR decided to con-
tinue the argument, and addressed the Jury on
the different features of the case, but enlarged
particularly the character OF his client, showing
that the aspersions cast upon him had all been re-
futed, and his conduct was now without blemish.
Nothing in the shape Of intoxication could be
proved against him, but he had, throughout the
affair, acted with moderation and discretion.
On the conclusion Of Mr.. SEYMoUR's argument
the Court adjourned to 10 A. NJ. to-day, when the
case will be resumed.
WE HAVE TRIED IT. Tried what2 Why the great
Cough remedy, PEcToRM BALM Having derived
benefit from it, we use the scriptural injunction,
$50 thou and do likewise"
For sale by all druggists.
DOWIE & NOISE, Agents.
GOODRICH, WINEMAN & CO., Agents.
CABINET ORaANs.-These beautiful instruments,
says the Cleveland Daily Leader, which have be-
come so popular with the musicalpubic, arc made
only by MASON & HAMI1N, and are far superior to
any other instrument in the world. They arc all
excellent parlor instruments, and the low price at
which they are sold brings them within the reach
Of all.
ii. III.