The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-06-15

FOREMAN OF THE GRAND JURY-THE
COURT WILL DECIDE TO-DAY WHETHER
THEY SHALL ANSWER, &C, &C.
The special grand Jury Of the Henrlco
County Court met yesterday for the June
term at IL O'Clock, and the first cases called
we're those OF Colonel Thomas. Smith aud
w. c. Elan. Esq, principals in the duel
fought near Oakwood on Sunday the 9Th in
stant AS might have been expected, there
was very large attendance. Upon the
meeting OF the court Judge WaddiIl drew
the attention OF the grand jury TO the duel,
and said it was matter OF frequent occur
renee, and he hoped that they would see
that the guilty parties were brought to JUS
tlee. He then read the statute besring on
the subject. Ii makes no special provision,
said he, for the punishment OF persons who
MAIN others by fighting duel. THIS
should be punished Just as any other felo-
niOns or unlawful assault, as the case may be.
Fighting q duel, gentlemen, said the
JHdge, is felony, and ali persons engaged
in 1t. either as principals or as seconds, are
accessory before or after the fact. and liable
to prosecution.
All persons who were present on the ac-
casion OF the fighting, or near enough
thereto 10 render any assistance, or who did
81 render any assistance, either directly or
indirectly, are principal to the affair, either
In the first or in the second degree.
All persons who being absest at the time
the crime is committed, but yet who pro-
cure counsel, or command another to COM
NIT crime, or abets and encourages him
to do so by showing appreciation Of aud
assents to his felonious designs, are accesso-
ries before the fact, and should be indicted
and punished therefor.
Now, gentlemen OF the grand Jury, can
but ask that you will use every feasible ef-
fort TO bring the guilty parties in this affair
to justice. Duelling Is, and always has been,
considered one OF the highest offences
known to the law, and it is the duty OF all
good citizens in this enlightened age 10 rise
and put il down. IL Is one OF the species OF
barbarism that has survived the dark ages,
and sbould certainly be put an end to. In
consequence OF the class OF our society who
have most generally engaged in duelIing it
has not been looked upon and treated as it
should have been. 1t Is one of the few
species Of crime that is attempted 10 he
made respectable By public sentiment; but
this is not the manner In which it should
be looked upon or treated. 1t is OF the
highest grade OF crime, and in direct viola
tiOn OF the laws OF both God and man, and
is demOraliZing in the extreme. 1t matters
not, gentlemen OF the grand jury, how far
we may sympathiZe with parties engaged in
dueling or believe in duelIing; it is enough
for US TO know that it is in direct violation
OF the law; and having ascertained this. 1t
is our sworn duty to see that those who
choose to engage in it arc punished.
therefore ask that you will spare no ef'
fort 10 yndicate the law in this ease. You
have in your power to summon and bring
before you every one who will likely throw
any light upon the subject, and / snail ex'
pect you to adjourn from day to day until
every possible effort has been exhausted
that will throw light upon the subject. Let
the law be enforced in this case, and you
will not likely be troubled with another
ard the lives OF many Of our best citizens
may be saved.
The grand jury then retired to their room
and the witnesses were called and sworn.
Or. Hugh NJ. Tay lor was the first witnes;
who declined to testify. The question:
were propounded to him by Mr.. Th9mas
Johnston, foreman.
Question DR.. Taylor, DO you know OF
any duel having been fought in this county
within the last thirty days? III so tell the
grand Jury what you know about it. Also,
do you know anything about duel alleged
to have been fought between Colonel
Thomas Smith and Mr.. w. G. Elan. OF
any other personr
DIR. TAYLOR: | decline 10 answer, on the
ground that might criminate myself"
To MIR. Royal: Do you know anything
about communication purporting to have
led to duel between Colonel Thomas
Smith and Mr.. w. G. Elan? II so, do you
know where the original communication
is!
Mr. Royal likewise declined to answer
this question. Mr.. Royal, however, stated
to the grand jury that he knew nothing oi
the alleged duel OF his own knowledge
stated further, in answer to questions, tha,
one of ;he gentlemen alleged to have beer
engaged in the said duel, Colonel ThOma:
Smith, Is an intimate friend OF his, and thai
he spent the night OF Saturday, June 5
$780, at his tRoyall',) house, in the city o.
Richmond, and left the house at 4 o'cl0cs
on The morning OF Sunday the 9th day Of
,June-the day on which the duel is alleged
10 have occurred.
The witness having further stated thai
The buggies were brought to him OH The
night OF Sunday the 9th OF June, the fore
men OF the grand jury asked the Witnes:
where he sent those bUggies; which ques
ton the witness declined to answer, upon Tho
ground that his answer would tend to crimi
nate himself.
Mr.. Johnston: Do you know anything
OF any correspondence between ColJne
Thomas Smith and MT. w. {. Elan that
might have led TO hostile meeting? Also,
do you know anything about communlca
ton purporting to have led 10 duel be-
tween Colonel Thomas 7. Smith and Mr.
w. Z. Elan? IL so, do you know where
the original communications areI
Mr.. Royall: decline to answer on the
ground that my reply might criminate my
self.
To Mr.. Walters Do you know anything
aboLt a duel alleged to have been fought
between Colonel Thomas Smith and Mr. W
G. Elam, or any other persons?
Mr.. Walters | decline TO answer any
question upon the subject, on the ground
| that any answer | might give might tend 10
crlminate myself.
| The witnesses having declined TO answer
the question, they reported the fact TO the
Judge, and in open court the question:
were written down, and Judge Waddii
stated that he would take the matter under
adyisement. and decide to-day whether the
questions should be answered.
The court will meet this morniug at 10
O'Clock.
DEATH OF Mr.. w. j. BIGGER.-Mr. Will
liam j. Bigger, son OF the late Colonel
Thomas b. Bigger, and for many years as