The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-01-27
a'.I'C'HE:llM'.O J 4 OllN'.D.), A
THE F.ATAI DUEL.
Petition for Executive Clemency..
THE SECONDS.
A NoLLE PRosEQUI ENTERED IN
THEIR CASES.
YESTERDAYS PROCEEDINGS.

YESTERDAYS PROCEEDINGS
It was expected that the interest in the!
case Of Mr.. w. Page McCarty would have
somewhat subsidized yesterday in considera-
ton Of the fact that the jury had found him
guilty of Involuntary manslaughe on Satur-
day night and assessed his fine ut $500.
The subsequent proceedings! of the court,
however, the fact that there might be some
imprisonment accompanying the misde-
meanor, and the motion to suspend judg-
ment and to set aside the verdict of the jury,
drew together very large crowd Of specta-
tors-quite as large as when. the court met
on Saturday morning.
,..,srv2s rvs4 An.s a'eARTY IN COURT. y;,,l.r !,
In pursuance of his recognizance Mr. Nc
Carty appeared in court promptly at IL
O'Clock, and on being called by the sergeant
ofthe city responded. So.
The Clerk: Mr. Wise, your prisoner is in
the courtroom, sir.
Mr.. Page: If your Honor please, on Sat-
urday evening last we Informally moved 10
set aside the verdict. We now desire to
Withdraw it.
SIX MONTHS IN JAIL.
The Court: Mr. Jinkins, enter the with
drawal. Gentlemen, if / were to. be gov;
erned by the legsl gravity Of the Of
fence of which the prisoner has been
found guilty alone, I should impose the
| full term Of imprisonment, which Is twelve
months. But the courts of Virginia
have always been governed more or less
| by the finding of the jury in such cases,
and have graduated the imprisonment in ac-.
cordance with the amount Of the fine
ascertained by the verdict. Governed by
this practice, and considering the modela-
tion Of the fine in this case, as we'll as the
request of the jury communicated to me, /
shall not impose the largest term Of impri-
sonment; but a sense of duty compels me to
ipflict punishment which shall not be
merely nominal, but substantial. [ shall
therefore sentence the prisoner to confine-
ment in the Jail for six months. AS to the
physical condition of the prisoner, while it
has my personal sympathy, think it rather
q ground of application for Executive cle-
mency than of judicial leniency.
MIR. Page: In view Of the suffering con-
dition of the prisoner and the fact that he
has had to breathe so much impure air during
| the time when he has been on trial for bis
| life, and the attendant excitement, we re-
spectfully ask from your Honor that there
| be suspension of the execution of the sem
tence for such limited period as may en-
able us fairly to make the application for
cen1ency to The Executive.
The Court thought it would be beyond
his power to suspend judgment, for several
reasons.
| Mr.. Page: If there is any other way which
suggests itself to your Hcnor's mind by
| which we may accomplish our object we
would be glad if you would suggest if.
| The Court: / see no reason why there
should be any delay in seeking Executive
clemency.
Mr.. Wise: May it please your Honor lin
| the otheE--cases .----interrupted by the
| Court).
The Court What want to know, Mr..
Wise, is whether there isany other testimony
concerning the seconds than that which we
have heard in this case.
Mr.. Wise: No, sir, there. is not; aud de-
sire to enter nolie prosequi in their cases.
| 1t would be beneath the dignity of the Com
monwealth to prosecute them now. could
not go before jury and ask their conviction
after what we have heard.
The Court: The reason why I asked the
question was because [ have listened all
through the testimony in this case to see if
there was any evidence against the alleged
seconds; and if not, / see no occasion for
their prosecution, for should set aside q
verdict if one was found against them on
such testimony. "
| Mr.. Wise: have no further testimony.
The Court ito Mr.. Jinkins): Very well,
sir; enter nolle prosesus against them.
| The Clerk: Yes, sir.
The court was then, at 1886, adjourned
until Tuesday at II O'Clock.
| EXECUTIVE cLEMENCY SOUGHT.
Immediately after the adjournment Of the
court an interview was had with his Excel
lency Governor Kemper by the counsel for
| the defence and some of Mr.. McCarty's
| friends for the purpose of inducing the Exc