The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-07
who had offended asnlns, the statute prohibit.

who bad offended against the statute prohihit-
Ing ducllin2 occupied distinguishcd rlacrs IN
the ie9i'lature, the learned pfOfcssioiis oi tne
bench and even In the pulpit lie admitted
that had he taken the HE Of hts ndver4ary. or
displayed savage or mslign mt purpose toward
him, his prosecution might hive some better
jnsuhcalioni but this was not the case. lle
had resoutely refused to sanction any arrange
ment which would have given ms duel with
Marshall . sanguinary character. lie had de-
cined to nght at four or eight PAGES. and had
refused To suffer the meeting To taho piece
on SUNDAY; and he md formed SOL
advers nv. He mad merely acted ~ accordance
wi b the dictates Of that public sentiment
which. while i dissraccs those VINO shrink from
those personal encounters, censurts those who
engage IN them. tie hal commenced life a. q
military man. and had douhtless bee Influenced
Ia this fair by the Ass lcatOns and -entiments
he had thus formed. In proof OF his previous
determination not 20 Ike Marshali's life, he dis
his associates on the Courier GHf Enquirer
few days before the meeting, In witch he
had recorded his deliberate ami unaltera
bic determination not to XIII his antago-
nist. although Marshall had proclaimed de-
termination to take his "life's blood" lie said
that II his adversary mad not bo.sted Of his abil
ity to take his life. and had not publicly ayowed
determination to do 50, he would hnvo fred
sidered It essential to his own safety that no
should try TO derange his opponcut's aim 10y
slightly wOundins him. and this he had sought
to 10.
As soon as MIR webb had concluded. the Dis.
trict Attorne, announced that hc shodld move
that day, tho 18Th of DC ober. Webb again ap-
peared In the Court Of Sessions, but
be was Immediately discharged by the
Recorder. Oh the ground that the indict-
men men' W.. deieciye I'VE IN n alIee,ns ony
intent to receive u challenge, but not that hO
had eceived one or had fodght duel But the
prosecution did not end here. Tho lext Grand
Webb was arrtisned ON the 2lth Of November.
This Indictment contained NJ flaw, and Wcub
again pleaded guilty. On motion OF the District
Attorney he was committed to the City Prison
untl ssnttnc, should be passed uson him.
he journal Of Commerce Of the following day
intimaied that IN pleading guilty lie was relying
upon pardon from Gov. Seward, and tn he
bad so pleaded because Seward's term had near
" .Apred and rial would undoubtedly have
lasted until the inaug Iration OF Gov. Bouck
from whom pardon might not have been so
easily obtained. the JO.rnOi said that Seward
had too frequently pattaken OF Webb's hOspi-
tsllty to Kermit sentencc to be executed upon
pending and after he had pleaded guilty the
Governor had taken dinner at webb's house.
Horace Greeley. IN the Tribune, advocated
Wcbb's ardon. for the reason that the statute
against dueling nad been dead letter for
nueen years. ana That 1t should no. now be re.
be enforced without di5crimin.tiol against all
who should Wolfe II. The American. aud. OF
don. he Trening Post aud the journal Of
Commerce demanded ne execution Of the
repeatedly assaulted anu beaten by WEBB
IN the streets. throw the whole wcignt OF the
titicn- for parden we're being circulated
through tae city. ana were being siensd bj citi-
zens Of all. parties ind scriminatoy.
On tue :B.h OF November Webb was arral1ned
for sentence. Tee Recorder pronounced the
statute under which he had been indicted an
anomaly. IN that It Ir' r'scrlhed punishment
merely for the intent to nght duel.
While the Prisoner could he punished L,rl f,r
the Intent, lie might be punt he'd . second ul.e
In Delaware for the act Itself, winch DY the Laws
oi that STATE was felony. II" tnen sentenced
the ~ llon-r 10 tue shortest term Of Iupgli.n-
ment IN the State rrison IL iwc ed by tbs - 4tuie
w. ~ 4. 'nr ionsest being seven yeats.
Inc same Jay "a petltlun Iyr ui- pardon
hundred feet long, and contained over fourteen
thousand names. among them being every Al
d-r'ndn and Assistant Alderman, save one, four
ten rad so1o 1se se,eIissn srsnd Jd,ots who
many OF the .i9rRf, and most of
the lawyers aud Judges. Petitions for n un-
conditional pardon were aisy rOl; rom OoiAln-
bia coun'y, Of which WeDO was ha, -. and
Sentence VS. passed upon aim on saturday.
On Monday a pardon VS. rec tiNed fiUm Gov.
ScwarI. Tne . rdon Tccited all the facts OF tne
case that W cob WAs nOt the Challenger, that
lln- ami Bad come 10 be rec ardrd a. uosoirte;
tnn; the duel had not been fatal; that Wotb
bad teen the ono Injured; that he
had determined not 10 take bis ad-
pardon WAS petit.oned or 10y 50 many ana sucn
respectable ci,izens Of the - tie; Hnd btrel0re
tue Governor pardon, telllses. ANA re.ea,es
James a;aon Webb from any M all of the
sai1 Judgments, sentences, and executions. and
restores to him all bis Iights VI cltizen-nlp for
ieited ty sad cunYctlJn a sentence, upon
the cpnditiun, however that he shul never
again violate said Law aslin5t duelhne. nor AIVo.
publication. Tho pardon was dated - Albany
the 25th Of November, 1852.
Mr.. Webb was thsreupOn discharged from the
City ir'son, witn0ut having entered the Confines
lf. nv