The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-01
WERE INDICTED
FOR DUELL|NG
Fought Fair Week With
Hands and Fists.
ONE WAS PULLED OFF
lin Fritz, Indie ell or D ielii q i'm Nc
DoWeII and Convicted of ARRAY,
appeals to the Supreme
Court.
ONE WAS PULLED OFF

The Supreme Court will this week hear
appeal in a rather remarkable case, one
where two men of Mcdowell jim Fritz
and Erastus Hollifeld, were indicted for
'duelling," sending and accepting a chal-
lenge to fight. 1t is recorded that they
did fight, too. fought until one had to be
pulled off, and fought 'tair, with hands
and FISTS" without deadly weapons. I'm
fortunately. the record OF the case dos
not stale which one had to be pliiied o..
Fritz did the challenging, and ho.nueiu
the accepting. Both were indicted, but
Fritz alone was tried, Hollheid Tor so,.-,
reason not having been on trial.
Solicitor Spainhour had the men III
dieted, and the trial took place at the
February, 1908, term of court. rhe jp,.
found special verdict setting foeth the
facts in the case, which are rather en-
lertaining Upon those facts judge B. +.
I-org, VINO was presiding. instructed the
jury to find Fritz not guilty Of ''duelling,'
but guilty OF affray. From that verdict
Fritz appealed, on the ground that he
could not be found guilty OF ARRAY Nh-n
indicted for ''duelling.
Attorney General Gllmer said that this
was the second case of 'duelling" that
HAD come lp 10 the supreme oou.t aur-
ing his incumbency. The other w0c from
Currtuck, but there was no opinion OF
the court handed down in that case. The
last report d bsfo-e that was sac against
Farrier, from Johnston. in 1921.
The jury in its special verdict
in State against Fritz found that in Jan
uary, 1908, the defendants had
u fight on Sunday, on Buck Creek, Me
Dowell county; that on the night, before
the fight, Fitz came to John Padgett's
house, where HolEfied was, and said he
would fight Hollfeld offered to fight
him then, but said he would meet him
anywhere and fight fair; no time aud
place were agreed upon that night. Fritz
came by Padgett's on this occasion, ours
ing Hollifield and offering 10 fight; Holl-
field sent Padgett to see Fritz next day
and tell him to come down and fight;
Padgett went and told Fritz what Holl-
field said aud Fritz said he would come.
the agreement was to meet at certain
corner tree about N dway between where
Hollifleld was at Padgetts' and the place
where Fritz was when Padgett delivered
the message. The agreement was to figh
a fair fight with fists and hands and not
to use any deadly weapons. On thc
morning of the day when Padgett deliv
erei the messs &c to Fritz. and Fritz
agreed to fight, Padgett told Holhfiel
Fritz won d core and fight at the corne
tree, and both did meet there, and in the
presence of seven persons and in two min.
'utes after meeting, they did fight with
hands and fists and without the use Of
deadly weapons until one was pulled off
the otter There was no serious damage
and both fought fair fight with fists
and hands.
The bill of Indictment in this interest
ing case reads rs fellows:
The jurors for the State, upon their
oath. present that Jim Fritz and Erastus
Hollifleld, late of the county OF Mellow
ell. on the 10th day of January in the
year of our Lord. one thousand nine huh
drcd and three. with force and arms, OF
and in the county aforesaid, did unlaw
fully ard willfully send and accept chal
ienge to fight duel and did fight due
against the form of the Statute in such
case made and provided, and against the
peace and dignity OF the State"