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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