The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-01-24
THE FATAL DUEL.
cosclusros OF THE TESTIMONY
Argument to be Commenced To- Day
A CROWDED COURTROOM.
THIRD DAYS FRIDAY, Y,pRocEEprsGs.

NO
yas undated to-day, and before the hour
fixed upon for the session Of the court very
large crowd of spectators was in attendance.
Indeed. the courtroom was packed. Mr.
McCartv appeared puuctually at the appoint
ed hour, and reUccupied his place of the pre-
yious day. During the morning number
of his friends visited the courtroom and
conyersed with him. He was apparently
quite well, and eyinced much interest in the
proceedings.
Among the gentlemen who visited the
court during the day were Senators Pride
more, GrimSley. Kirkpatrick, Allen, DR..
Noffitt, Judge Mclaughlin, General Jubal
A. EARLY. General FltZ Lee, Dr. Lewis, Mr
1Tazewea Taylor Of II Norfolk, Rev: IL. Bur,
rows, D. D., Colonel 0. T. Beard, besides
many others.
MAJOR JOHN roe on THE STAND.
When the court adjourned on Thursday
Major John Poe, Jr., Chief Of Police, was on
the stand. His examination was resumed this
morning.
Mr. Page said that when the court ad-
iourned on the previous day question OF
testimony bad just been decided. It was not
his custom to argue point Of this kind as a
general thing, but that owing. to the import
ance and magnitude of the case he hoped the
Court would allow the counsel for defence to
more fully argue the question. Dir. Page
then proceeded to review the proceedings of
the day before in this connection, and to say
that q conspiracy had to be established
between the defendant and the deceased be-
fore testimony of the character objected to
could be introduced. This argument was in
reference 10 the question by Mr.. Wise to
Major Poe whether he bad any conversation
with Mr.. Mordecai on the field concerning
the duel, and which was answered by Major
Poe in the affirmative. The witness was
about to state'what that conversation was, in
answer to u question, when the defence OBJ
jected, and filed a Gill of exceptions to the
ruling of the Court, which was to the effect
that the witness should answer the question.
Mr.. Page proceeded 10 say that he did not
know what the nature Of the testimony
would be, but he thought it the duty Of the
defence to assert his legal rights. No case
had been brought to this court which at
tracted such deal Of interest; and he
hoped that the strictest legal rules would be
observed. He hoped the Court would re-
consider its decision.
The Court said that be admitted the testi-
mony on the ground that the statement was
was That made by wounded man on the
ground just after he was wounded.
Mr.. Ould followed Mr.. Page, and argued
ia opposition to the admission of Major Poe's
testimony on this point. Mr.. Ould held
that the declaration made must have been
made simultaneously with the wounding OF
the deceased in order that the statement
could be considered part of the res gestg,
and if the court separated it from the mat
ter of conspiracy there was nothing in it to
be considered as q part OF the res geSt0g, and
nothing Of competent testimony.
Mr.. Wise then addressed himself to the
witness, and stated the question which had
been asked him Yesterday.
Major Poe: think also had short con-
versation with DR.. Cullen.
Mr.. Wise Did you have any converse
ton with the prisoner himself?
Major Poe: No, sir; nothing except what
1 said yesterday. l told Mr. Mordecai,
however, that was sorry had not gotten
the information in time to have prevented
the difficulty. Then he said to me that
was not to blame, as could not have pre-
vented it. He could not imagine how had
gotten my information SO soon. He said,
further, that he thought it best it had &C.
CURED in that way, as there was only one
life lost. II il had been street-fght inno-
ceat persons might have been killed. This
is the substance of what he said to me. L
want to say, further, that Mr.. Mordecai told
me that he did not hear the first bali Of his
adversary, but that his adversary heard his
ball, he had understood. This, think: may
have been said in response to question of
mine. I think he said adversary, though l
am not certain. Such was the impression
made on my mind. am positive that this
part of the conversation related to the first
Shot. I heard what thought to be three
shots, but the last two were in quick success
sion.
Mr. Page: We move now, sir, to exclude
this statement.
The Court Very we'll, sir.
Judge Crump to Major Poe: How long
was it after your arrival on the ground that
this conversation occurred?
Major Poe: Five or ten minutes, sir.
Major Poe: Mr.. Wise, I'D like to make q
correction. want to say that it was five or
ten minutes after got the bot1le OF brandy.
/ first paroled the parties not wounded, and
expressed the wish for the brandy. 1t pro-
baby took me fifteen minutes to get the
brandy, and the conversation occurred about
five or ten minutes after got back; or,
abouttweuty or twenty-five minutes after l
arrived on the ground. When went back
for the brandy met DR.. Cullen's buggy. :.
The defence at this point excepted to this
testimony of Major Poe, and embraced 1t in
the former bill OF exceptions.
Mr. Wise: Major Poe, what did you say
was the first thing done when you went
upon the field?
Major Poe: I paroled all the parties, and
they proposed to meet me ut the Second
statisn.house. The conversation was loud
enough for all to hear. told them that they
were an my prisoners. One of them said,
You are not going to remove the wounded
men, are you2 told them no. then went
of DR.. Cullen's boy, ! think. The conEersa-
ton was in my usual tone OF voice, i've or
six PAGES from the accused, and he could
have heard it. heard from DR.. Cullen that
he had brandy. only saw one instrument
which DR.. Cullen pulled out of bag The
bag was leathern satchel. ] saw no weapons
upon the field, but heard three shots. !
made no search for weapons.
Mr. Wise: Did you hear Mr. McCarty
make any remark concerning what had taken
place out on the field! ~
Major Poe: ] don't think / did. paroled
all the parGes--doctors and all. .44is S
lMr. Wise: at what hour did you receive
the information which carried you to Oak
wood. =
Msjer Poe AboutS o'clock I received the
information. and lett in two minutes AFTER
wards. acted, however, on information
which received, not from one Of my cap.
tains, who teiegraphed me, but from another
gentleman. One mas as inquiry, and the
other was positive information. ] went Eery