The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1874-01-30
The Virginia Duel and Involuntary
Homicide.

Il ltlDA l1t l1AN w OA1ts ots saot1
The Virginia Duel and Involuntary
Homicide.
The verdict in the McCarty-Mordecai
dueling case in the hustings court of Rich
mond, which was mentioned in paragraph
published Monday, deserves the credit O
being original and unique. The duel oc
Cured in May last. The clause Of the H.
structions under which the jury found Q
verdict IS as follows: Involuntary man.
slaughter is when killing occurs in the
performance of some unlawful act done
heedlessly and incautiously, or Of some law.
full act unlawfully and improperly per.
formed.o
1t is scarcely necessary to say that the
verdict was an absurdity, and seems to
have been arrived at as the only loop-hole
Of escape for the prisoner. Whatever the
offense may have been, it was not invol-
untary. Mr.. Mordecai himself would
scarcely be willing to insist, outside a
courthouse, that he never meant to accept
Mr.. McCarty's challenge, and that the
fatal act resulted from his heedlessness
and ncautiousness. We are fearful that
the verdict will only tend to increase the
many cases of involuntary" manslaugter
Of that kind which have already occurred.
The fine assessed of $500 as pun
ishment for the heedIessness and ncautious-
ness of Mr.. McCarty reminds the reader of
the long past days in Europe, when pecu-
mary fiue was imposed for the taking of
human life. 1t seems that even this money
mulct was deemed exorbitant, as one Of
the counsel of the accused moved to set
aside the verdict, and the sentence to six
months imprisonment it is supposed will
be removed by executive clemency. 1t
may be added that three of the Jurors in
the case were in favor of finding verdict
of guilty of murder in the first degree.
Without undertaking to sit in Judgment
on the merits Of this particular case, we
may say that the practice of dueling is the
most senseless and cruel relic of medieval
barbarism which exists at the present day
and is expressly prohibited by the laws of
Virginia. AS was shown by Mr.. Wise,
the commonwealth attorney, an act was
passed in Virginia sixty years ago which
provides that any man who shall fight a
duel, and his antagonist be wounded and
die within three months thereafter, shall
be deemed guilty of murder and shall sur-
fer death by being hanged by the neck. 1t
was, in TACT, the law of Virginia when
she was first settled. What, it may
be asked is the use OF law if it
may be always violated with impunity?
There has never been conviction under
it, because there is "higher law" law
of public sentiment, which, while theoreti-
cally and sentimentally it condemns the
practice, socially and practically vitalizes
and enforces it by giving its admiration to
.nose WY ,:N, ensako ~ ~, auu ~ Ml'hnon
ny Jug ..sn. " !.s oouu.enanoo ,,oni 'nose
why refuse W violase 'nG Jaws VI you anu
man III ,nis regard. hell society snali
reverse lnls process anu respect ths man man
VINO refuses 70 ngnt, anu .reas 'le uusiise
as ieioh anu erlnllal, w. may eApecI an
enu - W pun 70 'h's "icAeu anu 'iiliuli'ah
pfaCtlce'
dnere was !luie When tne aue, pre-
suileu aiinosI unlveisa,ly lnousn Mnat -
now uuuess.o1u sPec'aLy ~ we ,erln yates
ron sne liIss nan =. me s'Aaeel.n century.
70 pe,rIseu " hass nay l.s I,isll ~ .,ie
"aseI Vi ua.'ie VI Juuioln. ooluoa!, .ne W
Jrss u Wn'cn was " sl'iu,ea.e .ne lnnocens
!. ny poioi was al al.1ns luue laI1o
n ma. success ~ co'hoa' WIS tns 'est u .ru.I.
ine his' , aSs' ~ me on,ieu S.ases tooh
place ~ ~ ~ liY'nou.u peIweeil wv
selyins lleil. why "eio sehtenceu ~ pe sleu
necA anu ME-, neels .oseIuer ior .wenty-our
neu f, lnese ., uu.nua's were ior,nerly
" lequon. -, Masu a'no'S , ei1nons
oi'i'ia.s uo.n So..h anu oou'n, anu
~ .ne navy ioiy Y ehs ~ every
o,n.ei M Tis eAp.o.eu " nns mne. neoe s;
saIy. ans sic.ous sys,e.n oannos posslr
ny navs q s.tonset noiu ~ aHy se'',oll u
~. oouh pyt sah', :; unuu ma y, we Aaea
,oa a anu !. p ~ I'm, ', "nu a" septaoI,
aau ~. :. nas Do.n pas a. Ill III posn
assad p 49, au,;o,aa % " a~ M Az De.n
aoPou - wy a,.ss J u ma,, ~ m snao INV
uau,s aos Java aaJ am, ohoo as.. arc
hosea nra'u U oas;n a ~ ha i h",n ssa'es
nomH,e' a';i '' oJ;uo ~ e oI hae VI
,s su 'n a;, ia ~, o5Uoh ,;st;eu;aad s
noa .hos ,nast hnrtc,,, soi,oo;as nh;ah ho.
ny - s so nau .J ,aoo e., na =
LIB s aooauts th oid aosauot;on 81 Gnu 4hs
JnaS " - ar hnnon t. - " ,n III
uus, 40 Sooo ~ ~ o, h., no 9uon
a .a ond 70 nu vgHT T. pi ;s nn amanou hv
.Ine' aa vha hono r,1dc az mSJ ooi
a,hon ~ me-, no WV ns s;nta 1,;on uaom
.mv y, raa, ~ -, eanod ~ whaso parsnrol
;.,toraS ' ciash rnas ,,ndor ono rrptaSt o.
nn,heu cn,on,;t .ha cr,r,a a. la p :, ~.
aar.;nu oS CIR VIZ v,;thnnt ;uonrs;,,a tha
sen. sI.;., =, s,.t m ',dnno.a hsuo 'no
Ponas os ~" naIIo Os Ann,har Sonh;s u " !.
az. ,h;oh ranras"nts ,ha Jnoi .. Sp tast of
S sa'... ~" If s,,nh oan &c Mnrdo.