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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