The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-01-26
THE FATAL DUEL. !.
or THE ARGUMENT.
W. Page McCarty Found Guilty Of
Involuntary Manslaughter.
SUSPENSION OF JUDGMENT.
A MOTION TO SET ASIDE THE
VERDICT.
SATURDAYS PROCEEDINGS.

o,cIock. Therc was q very large crowd Of
Tersons in atteudance--larger, indeed, than
or any previous day of the irlai--ahd Tue
interest manifested IN the case OF Mt. NC
Carty seemed to have greatly increased.
Mr.. McCarty appeared in his usual place
some time before the opening OF the c0uiI,
and short time afteTward the counsel lor
defence were also at their posts.
+. THE ARGUMENT.
Mr.. Wise opened the argument in tue case
in very few moments after the court was
called to order. He congratulated the jury
| as we'll as himself that q case which has eX-
cited so much public interest was drawing
to q close. He said that the duty when
devolvcd upon him was a painful one. ana
he sympathized with those behind the BAR
whom he prosecuted; but he Gid so with
out fear, for he considered it his duty. We
are here, said he, under the obligation OF
duty which we were bound to perform
sworn and solemn du'y. 1t is only for US
| TO know the written law. It is the impera-
tive duty of the jury to do what that law
provides. IF the accused is guilty OF the
charge Of which be stands indicted, it would
| be perjury for the jury to do otherwise than
TO execute the law of the land. He realized
that public sentiment is responsible for the
shedding OF so much blood, and if It could
| he gathered together it would be enough
for The Jury to swim in. The law is moi
new enactment. It. is not "a new sentiment
that he who kills another in duel Is guilty
of murder. 1t is the law OF the land. Ihere
is code higher than the code of the Com
monwculth. Who is it that Will dare to say
that he'who kills another in duel is not
guilty of murder? 1t is written, "Thou
Shalt not kill" It is a divine law which is
violated. He knew that the people were
| well pleased with remission OF punishment,
and that which looks like humanity; but il
the prisoner at the bar did kill John B. Nor
deeai in a duel he is guilty of murder ia the
| first degree. ~
page $40, he read an act passed siXty-four
wears ago, which provides that any man who
Shall fight duel, and his antagonist be
wounded. and die within three months there
after, he shall be deemed guilty Of murder,
and Shall suffer death by being hanged by
the neck. The statute itself says it shall be
murder, and then declares that he shall Suf-
| fer death by being hanged by the neck. 1t
was the law OF Virginia when she was first
| settled; it was the law Of Virginia when
she first sprang into being; it came to US
from England; it is a common law; yet the
| Legislature, in more specific terms, declares
that it shall be punished by death. Such
continued the law until 1917. In 1S4i-'4S
| there was change made il the Code, but not
| a change which altered the law.
| AS to q duel fought beyond the borders OF
| the State, there has been change, but this is
| well understood. In the Code OF 1860 it is
| enacted that if q duel is fought by a person
out of the State, and his antagonist die, he
shall be deemed guilty of murder an ViT-
qiniG. There is no question as TO where
| this duel was fought, if one was fought.
! Ave, it was fought within the sound of your
church bells-within the sight almost OF
| your citizens. and if it was fought he can
hardly be deemed guilty of less offence
| than murder.
Mr.. Wise then proceeded to argue the case
on the supposiion that a duel had been
| fought, and the meaning of murder in the
law, and the killing in a duel, contending
| that there could be no killing in q duel with
out premeditation.
The speaker then reviewed the evidence,
which he said was within small compass.
He declared that ii it were a case OF
ordinary murder-if he met no public senti-
ment-the proofs in this case We're OF
such kind and degree that the jury would
not even leave their box. The question for
the Jury to decide is whether there is con.
yiction of guilt i'll their minds beyond a
reasonable doubt. CoDjectures won't do.
You must he satisfied, gentlemen of the
jury, that he is guilty beyond a reasonable
| doubt. Your doubts must come out OF that
evidence. Mr.. Wise then read on the subject
of reasonable doubt from Bishop on Crimi-
nal Procedure (sections 1861, 1862, and note
A. the proper conclusions from the evidence,
which is as direct as evidence can be. You
know that he died in this city on the 14th
day OF May, and that he died from the ef-
fects of wound, aud the man who did it
had motive for its commission, and this evi.
depce shows you who had this motive.
| BEGINNING with the difficulty testified to
by Mr.. Hatcher and Isham, which happened
at the clubhouse, the Commonwealth's at
torney reviewed the evidence and referred
| to the conversation between Messrs. Morde-
cal and McCarty, when MIR. Mordecai asked
the accused whether he meant his remarks
for him. and he replied, "Who are youW 81
lam gentleman" said be. "Indeed +" was
| MIR. McCarty's response. These were mild
| words to bring man to his death-bed-these
| were mild phrases to cause the hearts blood
] to flow. All! gentlemen, there was O
srudge; there must have been motive; and
| we begin this contest by showing who had
| this motive, and that there was enmity be.
/ bind this motive and in that heart, and that
he acted on this enmlty.
| Mir. Wise then spoke of DR.. Cullen and
| bis interview with DR.. Barksdale, who was
| told that there was to be meeting between
Page McCarty and John b. Mordecai-the
| very men who had had this difficulty at the
clubhouse. And there is another feature in
this interview which is, that bis services (Dr.
Barksdale's) might be needed rs surgeon.
Then in the afternoon the time and place is
| fixed. If this Is true, to doubt would be to
| damn reason and insult your intelligence.
| At 5.a5,o'clock DR.. Barksdale delivered the
| information of the meeting which he had re-
lceiyed to the police, aad the police Wit
messed the Geld after the occurrence. Is not
all this confirmed? Can it be doubted? Ma
jor Poe was there thirty-diye or forty min
.lnes after .fhe hour designated. He1heard
ore shot, and then double shot-one In
quick succession after the other. Then ne
goes 10: the field and finds Cullen, (the very
man who had told Dr. Bafksdaie,) and Dr.
Mcclure (ano.her surgeoDl and Trigg,
aud Royal, and Tabb, and Meredith,
and NcCartyI and Mordeeai Lying In the
position of hgvigg fought-only ten PAGES
apart. There were the gaping wounds
one OF the parties dying, and the ather but
little removed from death. lie heard the
shots, and he was there just afterMasd. The
weapons were nowhere; they Wars gone.
ANY explaHation!. Do not these aikcum.
stances speak trnmpaetoDgued? Why are
these parties all silent The very silence OF
these men is confession OF guilt la Itseif: