Richmond Sentinel, 8/18/1864

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From the Richmond Sentinel, 8/18/1864, p. 2

The Recent Duel in Court. - Edward C. Elmore and Henry R. Pollard were before the Mayor, yesterday, to answer the charge of “being about to break the peace by engaging in a duel with deadly weapons.” Messrs. Pollard and Elmore had been arrested on the previous evening, when the former was admitted to bail, for his appearance before the Mayor yesterday, and the latter committed to jail, the privileges of bail being refused.

On calling the case the Mayor explained to Mr. Humphrey Marshall, who appeared as counsel for Mr. Elmore, and to Mr. P. H. Aylett, who appeared as counsel for Mr. Pollard, why it was he had so differently disposed of the parties. - He said that after Mr. Elmore’s arrest he had learned that Mr. E had shot Mr. Daniel, and that the said shooting being a felony outside of the dueling law, he had committed Mr. E. to jail and refused him bail.

Messrs. George W. Butler and J. Marshall Hanna, and Dr. A. E. Peticolas were examined as witnesses for the Commonwealth. Mr. Hanna knew nothing about the duel, except the ___ say on the street; knew from hearsay that Mr. Daniel had been shot, but had not seen him since the duel.

Mr. Butler knew nothing, except what he had learned from a conversation with Mr. Elmore. - Had learned from Mr. E that a fight had taken place between him and Mr. D with pistols, and that Mr. D had been struck; did not know where the fight took place.

Dr. Peticolas, under protest of implicating himself, testified that Mr. Daniel was now wounded, and had received his wound at a point two miles or thereabouts north of the city, west(?) of the Central railroad, and about fifty yards north(?) of a country road which runs west from the old(?) gate on the Mechanicsville road to the Brook(?) Turnpike.

Counsel raised the question of the Mayor’s jurisdiction, the shooting, according to the statement of Dr. Peticolas, having taken place in the county of Henrico, more than a mile beyond the corporation limits of the city of Richmond.

The averment that the felony, if any there were, had been committed at a point beyond his jurisdiction, having been ___ by the testimony of gentleman acquainted with the county, the Mayor sent Mr. Elmore to a county justice for examination.

In the matter of Mr. Pollard, in the absence of the witnesses who had been relied upon to prove that he and Mr. Elmore were about to fight a duel, Mr. Pollard was permitted to renew his bail in the sum of $2,000 for his appearance before the Mayor this morning.


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