The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-01-23
THE FATAL DUEL.
TRIAL or w. PAGE McCARTY FOB
THE MURDER OF JOHIN b.
M0RDECAY.
A JURY EMPANNELLED.
THE TESTIMONY conmENcED.
SECOND DAYS PROCEEDINGS,

A, halt-past 10 O'Clock yesterday morning
the Hastings Court resumed It's session, and
the effort to secure jury for the triai OF w.
Page McCarty, who stands charged Win the
murder of John B. Mordecai, was continued.
Refore the opening of the court a large
crowd was In attendance, and the greatest
interest manifested in the proceedlngs.
THE PRISONER.
The prisoner was led to the bar OF the
court in the custody Of the sergeant OF Cne
CITY, General p. Y. Moore, who accompanied
him from the Jail in carriage. On reachins
the court room comfortable lounge was
provided, on which Mr.. McCarty reclineo,
and while apparently much interested IN
what was going on, he did not evince an!
perceptible emotion. lie was represented
by Messrs. Robert Ould, W. W. Crump.
John A. Meredith, Bradley T. johnson, ana
Legh L. Page.
When the court adjourned on Wednesday
n renire of twenty.tour had been exhaust
ed, and six Jurors. found to be competent.
In addition, tales o! fifty had been sum-
moned during the session of the court, and
from this number six persons were selected.
Before the court adjourned tales OF forty
one was ordered, and yesterday morning
this number was exhausted {by nooD) and
only three persons accepted-yz, J. b. Salt,
r. G. Care, and NJ. Z. Gary-making fifteen.
The court at y O'Clock ordered tales of
twenty more to be summoned forthwith.
From this number Mr.. j. Y. Crawford was
the first examined, and being found quail
fed, was directed by the court to take his
seat in the jury-box.
The panel was now found to be complete,
and the prisoner, through his counsel, struck
from the panel the following names: I. ID.
Elicit, L. r. Barnes, J. G. Downward, and
C. Unkel. the remaining twelve constituting
THE JURY,
who, being sworn, responded to their names
as follows: Maurice Evans, r. l.. Glaze-
brook, Il. Ell. Dibrell, Richard l.. Meredith.
George A. Haynes, Thomas W. McCance,
Jr., &. Ii. Burlington, James NJ. Estes,
Peter G. Care, NJ. Z. Gary, J. 3. Suit, and
Jacob V. Crawford.
THE INDICTMENT.
The jurors being sworn, the Deputy Ser
geant made the usual proclamation; after
which the Indictment was read by the clerk
(AIr. Andrew Jinkins) as follows:
Virginia In the Hastings Court of the
city of Richmond.
CitY of Rtchmond-to acit:
The grand jurors of the Commonwealth
for the body Of the city of Richmond, on
| their oaths, present that W. Page McCarty,
on the OH day of May, in the year one thou
sand eight hundred and seventy-tbree, at
| the county of Henrico, with force and arms
| in and upon one John Is. mordecai, feloni-
ousiy. wilfully, and of his malice afore.
thought, did make and assault; and that the
said W. Page McCarty, with certain pistol
then and there being charged with gunpow-
der and leaden bullet, which pistol he the
said w. Page McCurty, in his right hand
then and there had and held, at, against,
and upon him the said John B. Mordecai,
then and there feloniou>ly, wilfully, and Of
his malice aforethought, did discharge and
shoot off; and that he, the said w. Page
McCarty, with the leaden bullet atore-
said, by force of the gunpowder aforesaid,
out of the said pistol by him the said w.
Page McCarty so as aforesaid discharged and
shot of, him the said John 3. Mordecai in
and upon the right side Of the abdomen,
about two and half inches from the naval
of him the said John B. Mordecai, then and
there feloniously, wilfully, and of his malice
aforethought, did strike and wound, giving
to the said John b. Mordecai then and there
with the leaden bullet aforesaid, out of the
said pistol, so as aforesaid discharged and
shot oil, in and upon the said right side of
the abdomen, two and half inches from
the naval of the said John B. Mordecai, one
fatal wound, of which said mortal wound
the said John 3. Mordecai, on and from the
said ninth day of May, in The year one thou
sand eight hundred and seyenty-three, until
the fourteenth day of May in the year afore-
said, ut the city of Richmond, did languish,
and languishing did live, on which said 14th
day of May, in the year one thousand eight
hundred and seventy-three, ut the said city
of Richmond, and within the jurisdiction Of
the Hastings Court of the city of Richmond,
about the hour of nine o'clock in the eve
ming, he, the said John B. Mordecai, of the
mortal wound aforesaid died. And so the
Jurors aforesaid, upon their oath aforesaid,
do say that the said w. Page McCarty him,
the said John B. Mordecai, in the manner
and by the means aforesaid, feloniously, will
fully, and of his malice aforethought, did kill
and murder, against the peace and dignity OF
the Commonwealth Of Virginia.
ANDREW JEKINs, Clerk.
THE CHARGE.
The clerk, at the conclusion of the read
ing of the indictment, read the charge to the
Jury (sections ! to 5 Of chapter 191 Of the
Code), as follows:
"Your charge, therefore, is to inquire
whether he be guilty Of the murder whereof
he stands indicted or not guilty. If you
find him guilty, you are then further to in
quire whether 1t be murder In the first de-
gree or in the second degree. If you find
him guilty of murder in the first degree, say
so, and no more; but if you find him guilty
of murder in the second degree only. say so,
and you are then further to ascertain the
term of his confinement In the PEN
itentIary at not less than five nor
more than eighteen years. If you find
him not guilty either of murder in the
first or second degree, but guilty of volun-
tary manslaughter only, say so, and you are
then further to ascertain the term Of his con-
tiuement in the penitentiary at not less than
one nor more than FIVE years If you find
him guilty neither of murder in the first nor
second degree nor of voluntary man.