From the Richmond Whig, 8/18/1864, p. 1, c. 5
THE DUEL EXAMINATION BEFORE THE MAYOR. - Mr. E. C. Elmore, C. S. Treasurer, and Mr. Henry Rives Pollard, were before the Mayor this morning to answer the charge of "being about to break the peace by engaging in a duel with deadly weapons."
The parties were arrested yesterday evening, when Mr. Pollard was released on bail to appear before the Mayor this morning. Mr. Elmore was committed to jail, the privilege of bail being refused him.
Mr. Aylett appeared as counsel for Mr. Pollard; Mr. Marshall for Mr. Elmore.
The Mayor in taking up the case said he had the parties arrested to prevent a duel between them. After they were arrested, having understood that Mr. Elmore had shot Mr. John M. Daniel, he had refused to bail him, that being a distinct felony outside of the duelling law.
Mr. Marshall stated that it was but a rumore that his client had shot Mr. Daniel.
Mayor - Yes, a rumore if you please.
Marshall - A rumor which I hope has not acquired any head.
Mayor - It had acquired so much head that I was obliged to take notice of it. I am glad to hear it intimated that it but a rumor.
Dr. A. E. Peticolas, and Messrs. George W. Butler and J. Marshall Hanna were called and sworn as witnesses.
Mayor - Mr. Butler, you will tell all you know of a fight between Mr. John M. Daniel and E. C. Elmore.
Mr. Marshall - In the city, of course.
Mayor - No, sir; I care not whether the offence was committed in this county. If an offense is committed in Wood county, and the parties who committed it are in this city, it is competent for me to have them arrested and hold such examination as may be necessary to remand them to the authorities of that county.
Mr. Butler - I know nothing in the world about it, except from what I have heard since the occurrence.
In reply to direct interrogatories propounded by the Mayor, Mr. Butler stated that he had a conversation with Mr. Elmore in regard to the affair; Mr. E. Said he had met Mr. Daniel; that pistols were used; that they were fired.
The Mayor here said he'd have all the facts if it took him till midnight.
Mr. Marshall said he wished the Mayor would permit the witness to go on and make a cennected [sic] statement without cross-examining him from the start.
Mr. Butler was then permitted to go on, and said: Mr. Elmore told me he had found Mr. Daniel, but did not say that he had shot Mr. Daniel. I do not know that Mr. Daniel is shot except from hearsay. The conversation took place with Mr. Elmore yesterday morning, and from that conversation I understood that Mr. Daniel was shot.
Dr. Peticolas, after protest, stated that he knew Mr. Daniel was wounded; that the affair in which he had been struck had taken place about two miles from the city, about 50 yards north of the cross road running west from the Mechanicsville road at the toll gate.
The question of jurisdiction being raised by counsel, the Mayor examined expert to ascertain the distance of the scene of the occurrence from the corporation limits, and it being decided that it was more than a mile from the city, his Honor sent Mr. Elmore's case to Justice Nettles, of Henrico.
Mr. Pollard was admitted to bail for his appearance before the Mayor to-morrow, and in the mean time was required to give security in $2,000 to keep the peace.
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