The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-09-15
Not Guilty.

Mr.. J. B. WALTERS, OF THE "wHIG," AC
Quilted OF AIDING AND ABErTIyG IN TIL
sMTTH.ELAM DUEL-HIs CASE IN THE cOUy
TY COURT or ACKNOWLEDGEMENTS Oh
wiTNEssES-~THE MATTER nor ENDED, &C.
The case Of Mr. j. B. Walters, charged
with aiding and abetting In a duel alleged
10 have been fought between Mr.. W. G.
Elan, OF the Wing, and Colonel Thomas
Smith. OF Fauquier county, was called In
the County Court of Henrico yesterday
morning. The witnesses being present.
Common Dwealth's-Attorney Thomas stated
to the Court that he was ready to 90 into
the trial.
Before the jury was sworn, Mr.. Walters,
through his counsel, moved the Court TO
quash the indictment. Judge Waddil over
ruled the motion. The following Jurors
were obtained: B. W. Walton. q. III. Har-
ris. l.. II. Kemp. +. Lynn. John Goodman,
B. l.. King, J. Redford, j. w. Pedin, VIII.
liam Schaaf, w. Z. Browning, j. s. Burke,
T. B. Bankenshp.
Charles Hill, a colored haekman, was the
first witness examined. He stated that he
was called upon by two gentlemen one SUM-
day morning TO carry them TO Oakwood,
but could not remember the exact time.
Mr.. Walters and another gentlemen went
ont in his (wtness') hack together. They
carried a satchel, and remained near Oak
wood two or three hours. He saw a gentle
man out there on horseback, but did not
know who he was. Mr.. Walters did not 20
where the gentleman on horseback was
when he left the hack at Oakwood.
Commonwealtb's-A Attorney Thomas want
ed DR.. Carter called to see il the witness
could recognize DR.. Carter as the man who
was seen on horseback.
Mr.. John s. Wise, counsel for the accused,
objected to DIR. Carter being called, and the
Commonwealth's Attorney withdrew the
matter.
The witness could not tell who it was
that accompanied Mr.. Walters in the hack.
He could not swear that he brought back
the same persons he carried out.
w. l.. Royall was the next witness called.
He could not say whether Colonel Thomas
Smith was at his (witness) house on the 9TH
OF June or not, and refused to testify fur
ther on the grounds that he might criminate
himself.
Mr.. w. II. Sutherland was the next wit
ness. Mr.. Thomas asked the witness II he
hired two buggies to Mr.. Royal on the day
the duel is alleged to have been fought.
Counsel for the accused objected to Mr..
Sutherland's answering this question, claim
ing that it was in no way relevant to the
casa Argument pro and con was heard,
and the Court allowed the question TO be
asked. The witness then said that Mr..
Royal was regular patron Of his, and had
frequently hired buggies at his (witness')
stable, but could not say that he hired any
to Mr.. Royal on the day the said duel is
alleged to have been fought.
au1-aI Nr C,,fb
erlaDd.
5. Laughton, youth, was also examined.
Captain Robert +. Lee, who was sum-
moned as a witness, refused to testify on the
same grounds Mr.. Royal did-that his tes-
timony might criminate himself
Francis Barrows, keeper OF the National
Cemetery, testified to his baving seen car
riages near that cemetery on tue day the duel
is alleged to have been fought, and also saw
some gentlemen in the carriages, but he
could not tell who they were. The horses
and carriages were the property OF Mr..
Sutherland.
DR.. Hugh NJ. Tay lor, on being called to
the witness chair, refused to make any
statement, on the grounds that il might
crminate himself. He stated, however,
that he was called on the 9Th OF June 10 at
tend Mr.. Elan, who was wounded, and bad
fractured Jaw, but declined to say If the
wound was produced by pistol-shot.
DR.. Carter was asked to give his opinion
as an expert In regard to the wound. lie
could moi say positively how IT was caused.
Charles Hill was again called to the wit
ness chair. Nothing more than what be
had previously said was obtained from him.
The case was finally given to the jury,
and n verdict OF :" not guilty" rendered.
The course the Commonwealth's Attorney
has marked out to follow will be to have Mr..
Walters before the next grand jury. lie
could not then claim that bis testimony
would tend 10 criminate him. His evidence
probably may lead TO the indictment OF Mr..
Elan and Colonel Smith.