The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-06-16
LOCAL MATTERS.



EXAMINATION OF SEVERAL NEWSPAPER RE-
PoRTERs BY THE GRAND JCRY-DycIsroS OF
TIE COURT IN THE CASE OF MEssRs. WAL.
TIERS. ROYALL, AND TAYLOR, SUMMONED AS
WITNESSES.
The grand jury Of The Henrico County
Court wss engaged yesterday examining
case.
Quite number OF persons were sum.
moned to give testimony before the grand
jury, including about hslf-dozen pewspa-
per reporters. The court met at 10 O'Clock.
Judge Wsddill in rendering bis decision in
the matter OF the refusal of DR.. Hugh NJ.
Taylor, j. Il. Walters, aod W. l.. Royal 10
answer certain questions propourded to
them by the grand jury, said:
/ have carefully considered this matter,
and am forced 10 the conclusion that the
tenor Of authority Is that the witnesses
Taylor and Walters cannot be forced TO an
swer the questions pr0pounded 10 them.
They have esch, upon the inquiry as to
their knowledge OF the duel, testified that
to answer any question relative thereto
would criminate themselves. This | un-
derstsnd from each OF said witnesses vir-
tuHlly 10 mean that they were connected
with the said duel In some way in which
they may be criminated. The tenor OF au-
thority is that the witness is TO iudge for
himself as to how far his answer will tend
10 crlminate him, and the Court must
allow him to be the Judge OF this matter,
unless ii has reason TO believe thst the wit
ness is either acting in bad faith in the mat
ter or under misrepresentation. | have no
reason, aud can have none, to suppose that
either Messrs. Taylor and Walters are acting
in bad faith, or that their answer will not
tend 10 criminate them therefore am con-
strained TO allow witness privilege, it mat
tiers not how much ] may disapprOve OF the
law. | am satisfied that such is the law
from the abundant weight OF authority.
In the case OF Mr. Royal, it seems 10 me
that very different rule should apply. Mr.
Royal, after answering certain questions
propounded 10 him by the grand jury,
stopped, and said TO answer any further
would tend to criminate him.
Mr.. Royal, in answer to the first ques-
ton propounded to bin by the grand jury,
legged duel Of his own knowledge"
Now, | cannot suppose that Mr.. Royal
would Intentionally act 10 bad faith in the
matter, but | am satisfied that he Is acting
under misrepresentation.
/ cannot see how Mr. Royal can be crimi-
mated III matter OF which be had no know
ledge. One OF the questions he refuses TO
answer is as to what he did with certain
buggies that were brought him by two boys
on the night OF the 9th Of this month (June)
To answer this question he says would crimi-
nate him. Now, II he has no knowledge
upon the subject Of The alleged duel, do
not see bow TO have received two bugsies
could tend to criminate him. 1t was cer-
tainy no offence FOR him TO have received
two buggies from a friend and TO have d-
rected the drivers OF these buggies where TO
deliver them.
am therefore OF opinion that Mr.. Roy
all cannot refuse to answer the said ques-
ton, and that be must answer the same, or
be imprisoned until he does answer it.
After the Court bad decided that Mr.
Royal must answer, he (RoyaD then
moved the Court, in person and by coun-
sci. to he allowed to explain what he meant
by his former statement as TO his knowledge
OF the affair, which, he said, had been mis-
understood. The privilege being granted,
he was again sent before the grand jury
and asked certain questions, which he re-
fused TO answer on the ground that the
answer thereto would tend to criminate
him. He asked the grand jury 10 allow him
to amend his statement made on Monday,
In which he hsd said that he knew nothing
OF the alleged duel, by adding that he knew
nothing OF the actual fighting of such duel.
which was what he meant.to have said and
that he did not in any manner mean 10 say
or 10 Imply that he did not know all about
duel being in contemplation.
The Court then, upon Mr.. Royals MI
king the explanation as 10 his probable coL-
nection with and knowledge OF the affair,
refused TO compel him TO testify.
The court and the grand jury then ac-
journed over until tomorrow.
More witnesses have been summoned, and
the indications are that the grand jury will
be engaged several days to come in exam
ining them.
Warrants have been issued for the arrest
OF Colonel Smith aud his friends, and
placed in the hands OF an officer for eXecu-
lion.
Joseph Marshall and S. Laughton, two
youths irom New Kent county, who, il Is
said, brought back from the White House
the two buggics in which Colonel Smith
and his three friends drove from the city,
will he examined Tomorrow.