Richmond Whig, 8/29/1864

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From the Richmond Whig, 8/29/1864, p. 2, c. 6

FURTHER EXAMINATION OF THE DUELLING CASE. - The examination of the case of Messrs. H. R. Pollard and E. C. Elmore, charged with being concerned in a duel alleged to have taken place between Mr. E. C. Elmore, of the C. S. Treasury, and Mr. J. M. Daniel, of the Richmond Examiner, on the 16th inst., was resumed on Saturday at 11 o'clock, at the Henrico County Court, before Justices Lee and Riddick. Messrs. Yancey, Hanna, Butler and Dr. A. E. Peticolas were present as witnesses.

Mr. Yancey knew nothing about the matter, except what he had heard on the streets.

Mr. Butler was re-examined. On the morning hen the duel was said to have taken place, Mr. Elmore told him there had been a meeting between him (Elmore) and Mr. Daniel. From the conversation then had, he understood that Mr. D. Had been shot, but it was impossible for him to separate in his mind what he had heard from Mr. Elmore, and what he had heard from other parties relative to the duel, as he had heard a number of persons speak of it.

Dr. Peticolas being called to the stand and interrogated by Mr. Young, prosecuting attorney, declined to testify, upon the ground that his testimony might criminate himself.

Mr. Young asked the court to commit Dr. P. for contempt of court, and read the Act of Legislature of 1860, which compels seconds in duels, and attending surgeons, to testify.

The motion to commit was argued by Messrs. Aylett and Marshall for Dr. Peticolas, and Mr. Young for the Commonwealth, until a late hour, when the court adjourned, reserving their decision until to day at 11 o'clock, A. M. In the meantime Dr. Peticolas and Messrs. Pollard and Elmore were held to bail for their appearance.

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