Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-03-25

progressing IN OpalD, anu CaEllSt Soiotets aie
allowed to enlist
The American Episcopal Church iu Rome
was opened to-day.
The Anti-Dueling Law.
The trial of Roger johnson, indicted by the
Graud Jury for misdemeauor-sendiug a
challenge to fight duel, to j. W. Green, was
commenced on Monday afternoon 10 the County
Court, bis Honor, Judge Bell, presiding.
Col. j. g. Gibson aud Mr.. l.. l.. Lewis ap'
peared as COUNSEL for the defendant. Col. Glib
son wanted to know who Was the prosecutor ll
the case, the Grand Jury having failed to add
the same at the bottom OF the indictment pa
pers. He claimed that the case could not be
tried unless there was prosecutor, and as y
w. Green was the man who swore out the
peace warrant, and as the warrant read where
as j. w. Green, this day has made complaint
to me, &c." COL Gibsoo thought be was the
prosecutor, and submitted it to the court. and
it was decided that j. w. Greco was the prose.
cutor, aud he Was required to give security fol-
the costs.
Maj J. w. Green was put upon the witness
stand, and among the evidence which he gave
in, was the following note which be called the
challcnge-at least this is the SUM and sub
stance of it. We we're not allowed copy oil
the original but had to get It from memory:
OFFICE OF ROGER JOHNSON,
Attorney and Counselor at Law.
Is Lexington St.. Baltimore, Md
The a6oUe ,Das printed
The Baltimore, Nd, was erased, and written
over it was
CULPEpER, Va, Dec. q, 1875.
Tbeu came the balance as follows:
Maj. j. W. Green:
The false charges and iasinuations, vs.. my
father, contained 10 the report of the Board OF
Directors of the Bank Of Culpeper, kooWn to
have been iosligated by yourself, impose upon
pe the duty OF demanding, Internationally,
that satisfaction which it is agreed among gen.
tIemcn is the penalty of such 40 offense. My
friend, ----, who will hand you
this, is authorized 10 act for me aud arrange
all details ROGER JOHNSON.
Col. Gibson said he did not consider the
above challenge Gen. Field, counsel tor the
prosecutor, said it was question of fact tor
the jury, whether it WAS challenge or not.
Maj. Green stated that the day he was chal-
leuged he was armed, because his friends led
him to believe that he would be attacked
that when be went to the depot on the 2lst of
Decembe be saw Roger johnson standing 10
the front door of the Wavery Hotel, and in a
few minutes the challenge was handed him by
Eldred Johnson, brother of Roger. After
reading it, he replied, 81 will answer this at
the proper time" He returned in few days
and swore out peace warrant against Roger
johnson, W no was arrested and bound over 10
the sum Of $500 to keep the peace.
Thu oourt than odiourpaA until IN n olonk
Tuesday morning.
George w. Jameson was also examined as a
witness but his testimony was of little weigh t.,
being 10 SUN and substance that he went to
the depot with NJ j. Green on the 2lst of De.
cember, 1875, ADD saw Roger johnson stand.
ing 10 the door of the Waverly Hotel, that a
letter was handed to Maj. Green by EIdred
johnson, &c.
Next came the sharp shooting. Mr.. James
w. Morton, Commonwealth Attorney, open
ed the argument. He produced the note, read
the law on the subject, discussed it upon the
evidence given 10, and said be considered it
challenge.
Mr. Lewis said that he hoped Gen. Field
would next advance his argument; that it was
always customary for the counsel for the prose-
GU or to allow the defendants counsel to co.,
Guide. This Gen. Field declined, and was su@
tanned by the ruling of the court.
Col. Gibson next addressed the jury for the
prisoner.
The next to speak was Mr.. L. L. Lewis.
He wished the jury to und erstand that the
Commonwealth Of Virginia did not want Roger
Johnson convcted-but that it was j. w.
Green who had him on trial. He then touch
ed upon the bank matters said that 10 great
measure for tue failure Of the bank there was
great blame On Maj. Green broad shoulders -
but that he wished to put all the blame on the
late President. He WAS quite severe IN his re
marks, and 10 taking off Maj. Green before the
Grand Jury, he (Lewis) proved himself to be
quite carlcaturist. The argument was closed
by Gen. Field. He made some severe attack,
upon the late president of the bank.
Mr. Lewis objected-the General said MIR.
Lewis had commenced it by his attack upon
Maj Green. After several Interruptions Gen.
Field was allowed to proceed, and he then
commenced upon the prisoner, charging him
with goiog to the University of Virginia 90
money which was not his own-and also that
he believed him to have been concerned 10 the
bank matters. As soon as be concluded, the
Jury left the court room to try to agree upon
verdict
While they we're absent, although short
while, time seemed to hang heavy upon the
anxious and curious audience The foreman
Of the jury announced that they could not agree
upon verdict, and the judge ordered them to
appear at the court agais on Wednesday morn.
Jog They we're in the jury room the greater
part of the day on Wednesday, but failed to
agree upon verdict, and as the foreman stat
ID that he did not thiDk they ever could agree,
he judge discharged them. Here the matter
'ests, unless the prosecutor chooses to carry 1t
urther-Culpsper Observer.