The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-12-06
GENERAL j. d. IMBoDEN.
HIS CASE BEFORE THE COURT.
A NEW GRIP TAKEN.
OPINIONS ABOUT WHAT
HONOR DEMANDS.
IMPRISONMENT IMPENDING.

have further hearibg in the matter of tht
" peace.warrant I" sworn out agsinst him BY
Mr. E. C. Cabell, Commonwealth's attorney
The accused was accompanied by his coun
sci, Mr.. John S. Wise, by bis brother, Cap
tain Frank N. Imboden, and by quite large
number of personal and political friends
The case was taken up as soon as the smaller
cases on the docket had been disposed OF auo
Mr.. Cabeli had arrived.
Mr.. Wise moved TO quash the peace.War
rant" on the ground that the complaint hao
not been made in writing, as the Code re-
quired.
Justice White said he anticipated such
motion and would sustain it.
The warrant was therefore dismissed.
A NEW WARRANT
Mr.. .Cabell at once made the following
complaint in writing:
R1cHMoSD, December 4, 1876.
3oJ. j. White, Police Justice of the city
of Richmond Sir,-I believe that irsult'
have been offered to General 1mboden By
General johnson that In my opinion wouC
lead to breach of the peace by the sale
General ImboGen against the person Of the
said General Bradley T. johnson.
a.st,,ea E. C. CABELL.
Sworn and subscribed to before me, The
Police Justice Of the city Of Richmond, thi:
the 4th day of December, 1876.
J.J. WHITE, j. p. G. r.
Under this complaint Justice White is
sued q eace.warrant charging that
"Wnereas E. Darlington CebelT has this
day made complaint and information or
oath before me, j. j. White, police justice OF
Richmond, that be has reason to apprehend
and does apprchend that John D. Imboden
will commit breach of the peace against
the person of Bradley T. Johnson [see COM
plaint of E. G. Cabell attached hereto]. these
are, therefore, In the name Of the Common.
wealth of Virginia, to command you
forthwith to appreheDd and bring before
me" the said Imbodeo, &c &c.
THE NEW WARRANT OBJECTED TO.
Mr.. Wise moved to quash the new war.
rant as being vague, uncertain, and general,
and therefore contrary to the Virginia Bill
OF Rights.
The Police Justice answered that General
1mboden was not arraigned for an offence,
but under the preventive laws of the Com.
monweallh. The motion to qUash was over.
ruled. a.. ...sI .s.gt.-3. f.Ea
Mr.. Wise said then they were ready to
answer the warrant. He supposed they
would be held to be innocent until proved
guilty. II
Biz. E. C. Cabell, the complainant, was
sworn as the first witness.
MR.. cABELL's TESTIMONY.
Mr.. Cabell said: can only judge the feel
ings of other men by my own and by those
of my intimate friends. I have every reason
to know that General Imboden was struck,
7 1n hu
hide in the hands of General Johnson. l
have heard him General Johnson) publicly
proclaim in this courthouse that he had cow
hided General Imbodep, and that he had
given it to him we'll, was glad of 1t, and
thought twenty dollars cheap price for so
much satisfaction; and judging by what I
know of human nature l think it is only
natural for any one to resent any such insult
as that claimed TO have been heaped upon
General Imboden by General Johnson.
ALAwYEa CROSS QUESTIONED.
Mr. Cabel was closely cross.questioned
by MIR. Wise, but he varied not at all from
bis testimony in chief, and added but little
to it. He thought such an insult had been
given, that no gentleman could stand still
under it, and he considered it about as great
an insult for one man to say that be had COW
hided another, even if he hadn't done it., a:
| if he had cowhided the man 10 secret. MIR
| Cabell said that the community was much
| divided in sentiment, and that some believed
that General johnson had cowhided limbo
den and some did not.
| Mr. Wise: Mr.. Cabell, DO you undertake
| to say that you have "good cause to fear
| r The language of the statute, page 1928, o
Code, section q that General Imboden in
| tends to commit breach OF the peace?
MIR. Cabell: have reason to believe tha
there is good cause to fear that any man wht
calls himself gentleman upon whom suci
| insults have been heaped as General Johnso!
| has Iheapedl upon General lmboden that h
the said Imboden will commit breach o
| the peace
! NOT AN EXPERT.
| Some half dozen questions ingeniousl,
put by Mr.. Wise to Mr.. Cabell were answered
10 about the same way, and finally MIR. Cabel
laughingly said: MIR. Wise, don't cross
question me so closely. am not an expert
! have never been cowhided."
Mr.. Wise: Do you not know, Mr.. CabelI
that in what General Imboden did he merely
repelled an attack?
| Mr.. Cabell: No, sir. One Of my stronges
reasons for fearing that he will commit
breach Of the peace is his refusal to be pu
under bonds.
Mr. Wise: Have you ever heard of an.
aggressive act done by General Imboden?
MIR. Cabell: No, sir. &.
In answer to further questions Mr.. Cabel
stated that he knew or had heard of no threa
l or menace uttered by General imtOden to o
about General Johnson; that his apprehen
sions sprung entirely from what Johnso'
had done and said, not from anything limbo
den had said or done.
WHAT MAJOR POE KNEW.
| Maior John Poe was sworn as the mex
| witness. He said: can simply say that
| intended to do what Mr. Cabell has done
He saved me the trouble. On the rumors
had heard l would haYe gotten out peace
| warrant if Mr.. CabeiI had pot done so. As a.
! instance of what / have heard Twill stat
that ia a conversation with Lawyer Mols
several nights ago Mr.. Noise said he believe
| General Imboden would be justified il
shooting General johnson on sight now
twelve months hence; that c0Whiding neVe
cooled. .-...e.-szsesz.z, -...e.-szsecsz...s. ..e-...
In answer to questions by Mr. Wise Ma
] Tor Poe said that he did not see the difficulty
Did not hear the testimony taken before thi
court. Never heard Of any menace or threa
from General Imboden, directly or Indirectly
| as to bis attacking General Jehnson. Don,
think Mr. Noise Is any connection by busi
ness or blood of General Imboden. MIR
Mcfse is from South Carolina. he mentioned
| that in extenuation Of Mr.. Noises senti
n,ents about redresslng wrong.
RULES OF THE CODE, sc.
Some mention having been made Of TIL
McCarty. .Mordeca duel, which Major Po
said be did not hear of in time to prevent b.
peace.warrant, Mr. Noise, who was thei
standing behind Mr.. Cabeli's chair, " his
pered something In the latter's ear, and 81
Mr. CaheIl said /: Mr. Noise states thnt. hl