The New York herald., 1874-08-22
IT HE CODE.
The Frustrated Duel Between Colonel MOSby
and Captain Payne.
TWICE ARRESTED AND BA1LED.
Tho Meeting Prevented by the Authorities
One Contestant at the Rendezvous.

The prominent position which Colonel John S.
Mosby OF Warrenton. Va.-ne OF guerilla lame
has occupied In his relations to President Grant
for several years past, has as Is well known
been the subject OF elaborate comment by
both the anti administration papers In Vir-
ginia and the supporters OF the republican
party elsewhere Colonel Mosby, 1t was alleged,
had freer access to the White House than
any Southern politician, and could boast OF more
appointments than any one else. Eppa Hunton,
the democratic candidate for Congress- ran against
4. Daniels the republican candidate in the Eighth
Virginia district s72, ana the latter was virtu-
ally supported by Mosby, who met Hunton at War
renton and opened the campaign on behalf OF the
administration, report of which was sent by your
correspondent as a novel matter in Southern poll
tics, both Mosby and Hunton having been promi-
nent in the Confederate army. Since that time
Mosby's influence has never waned, and he came
to the surface more prominently than ever when
he declared himself In favor OF third
term for Grant, with Governor Kemper, OF
Virginia, as the nominee for the Vice Presidency.
During the last session OF Congress Mosby said it
was his intention to advocate the third term
movement. and, AZ Virginia led OF In in
nuence for Southern Confederacy, he be-
sara a' term S as: would 70 'Ss result 1t
In the reelection OF the present incumbent OF the
Presidential otiice. w, What Mosby's position has
Mosby was to figure conspcuousIy, there has been
UNEXPECTED OPPOSITION.
It appears that Captain o. d. Payne, who has
war record as q commander in the celebrated
Is alleged Mosby is envions is an aspirant lor the
democratic. nomination for Congress from
the Eighth ,oSlrg Virginia district. Both OF
renton, Culpepper county Va, and entered
into discussion OF the political situation, IN
Captain Payne for some reason said that Mosby
was unlaithiul, whereupon Mosby suggested that
O friendly meeting would be tue most ready way
OF settling any personal dir1erences. Captain
Payne readily aasented to this and immediate
preparations were made to inaugurate the "code."
As the invitation to score the trouble was given
in the presence OF several gentlemen who knew
that Mosby would as soon fight as eat, Information
OF the Warrenton district, who had occasion to
take notice of similar affair two years ago. Then
garded as dangerous; but Captain Payne is said
to be as plucky as the famous MOsby himself.
Judge Keith Immediately issued
A WARRANT FOR THE ARREST OF PAYNE AND
AOsBY
and the supposed seconds. which was Immediately
served. The principals and their seconds were
unexpectedly made aware OF Judge Keith's inior-
nation and gave the required bail not to light IN
that this would not prevent MIN rom carrying out
his intentions ana remarked tn2t the ting could
take place in MAJ &Marylano, where the .code" Is not
made arfangements TO go North without
freignt train. while Payne. in his own con-
veyance, took the highway for Washington
Warrenton teegraphed to the Mayor of Alexandra
what might be expected, and he, anticipatlng the
movement Of 1.-THE the 6e!iigereat a party, teegraphed
SECOND ARREST OF MOSBY.
M0sby did not conceal his presence IN Washing
ton, but promenaded the avenue yesterday alter
noon. On receipt OF the information, Chief Clar-
voe OF the Detective Corps, was assigned the
1t might be they would fight IN the District. De-
tectives Sargent, McEliresh, Meiler and Coombs
tSs Sy a. e the
Hill. The personal appearances ofColonel MosDy
betrayed MN. When Detective Sargent ap-
so9sn for Of that name but his Identity was
SO easily established tnat he could not escape
q warrant was in his hands for mis- arrest.
Colonel Mosby yielded gracefully to the order Of
the Acting Judge OF the Polce Court. where he
gave bond in the sum OF $4,000 not to fight IN the
Rlstrctoi Columbia ana TO await requslt0n rom
John s. Barbour. President OF the Virginia Mid
land and Great Southern Railroad Company, be-
THE LAWS AGAINST DUELLNG.
1t is well known that duelling has been con-
dem1ed in virgna py the seyerest laws and tie
franchises citizen OF the State beyond the reach
OF Executive clemency. The law, however. Is un.
In another state, though on this point there
Is a difference OF opinion notably the case
District Court, who was tne candidate Of the re-.
publican party in Virginia last year for the Gov
ernOrship and who was second for Colonel
Clarkson at Bristol Tenn. Whether this is or is
not so, the friends Of Captain Payne, as well as
Colonel MOsby declared that no state law Will
come between them and their avowed intention
to fight. They are likely in this, however, TO he
disappointed, as the authorities do not Obligingly
close their eyes upon their movements
THE MEETING NOT CONsUMMAfED.
Colonel MOsby to- day was detained in Washing
ton by his obligation to appear before the Police
Court and was not able TO Iulfll his app0int tment
with Captain Payne. The place OF meeting was
to have been near Buckland, Prince William
county, and the time eleven O'Clock A. M. The
weapons were rines Captain Payne and his Sec
Onds were ON the ground until noon to-day but
waited IN vain ior the appearance OF colonel
MOsby.
permitted to go further,