From the Richmond Whig, 8/31/1864, p. 2, c. 5

HABEAS CORPUS. - A most intelligent audience collected in Judge Meredith's court, yesterday morning, to hear the argument in the case of Dr. A. E. Peticolas, who asked to be discharged from the custody of justices Lee and Riddick, who committed him for contempt, in declining to testify in the Daniel Elmore duelling case, upon the ground that his testimony might criminate himself. The justices committed the petitioner under the duelling law of 1860, which declares that all parties to a duel, except principals, shall be compelled to testify.

The point raised by defendant's counsel, Mr. P. H. Aylett, is, that the law in unconstitutional, and upon this ground Mr. A. addressed the court in an argument of three hours. At the conclusion of his remarks the court adjourned till this morning, when Mr. Young, attorney for the Commonwealth, will address the court.

The general opinion among lawyers is, that the Judge will declare the law unconstitutional and discharge the petitioner.

Page last updated on 07/24/2009