Richmond Sentinel, 8/29/1864

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From the Richmond Sentinel, 8/29/1864, p. 1

The Duel. - At eleven o’clock Saturday morning, Justices Lee and Riddick, of Henrico, again took up for examination the case of E. C. Elmore and H. R. Pollard, charged with being concerned in a duel, in which it is alleged John M. Daniel, of the Examiner, was wounded by the said Elmore.

Messrs. P. H. Aylett and Humphrey Marshall appeared for the defendants, respectively; Mr. John B. Young, for the Commonwealth.

The witnesses called were Messrs. G. W. Yancey, Geo. W. Butler and Dr. A. E. Peticolas. - Mr. Yancey knew nothing about the case except hat he had heard on the streets.

Mr. Butler had had a conversion with Mr. Elmore subsequent to the alleged duel on the subject, but as he had conversations with a number of other parties on the same subject, it was impossible for him to separate in his mind everything that he had heard from Mr. Elmore from what he had heard from other sources. - He, however, recollected Mr. Elmore’s saying he had had a meeting with Mr. Daniel, and had received the impression from the conversation that Mr. D. had been wounded.

Dr. Peticolas being called to the stand declined to testify, upon the ground that his evidence might criminate himself.

Mr. Young asked the court to commit the witness for contempt, and read to the court the act of the Legislature of 1860, passed, as he said, to cover just such cases as this, which provides that seconds in a duel, bearers of challenges, and attending surgeons may be compelled to give in their evidence.

After argument by counsel the court reserved the decision until this morning. In the meantime the several parties to the case were held to bail for their appearance.


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