The Duelling case.
--Messrs. Henry R. Ballard
, of the Examiner,
and Edward C. Elmore
, Confederate States
Treasurer, made their appearance before Justice Riddick
, of Henrico county
, on Saturday; the first to answer the charge of being engaged as a second to Mr. John M. Daniel
in a duel which was fought in the county on Tuesday morning last, and the latter as being one George W. Butler
and Dr. A. E. Peticolas
were examined, but as their testimony was the same which was elicited before the Mayor
on Wednesday last, and which has already been published, there is no necessity of again repeating it. Dr. Peticolas
, indeed, was more reticent in his testimony than on the first examination, notwithstanding the fact that the prosecuting attorney for Henrico county
, Mr. John B. Young
, read from legal authority to show that fear of implicating himself by answering certain questions as a witness need not prevent him from disclosing all that he knew about the duel, as nothing which he might say as a witness could be brought to bear against him in any future criminal prosecution.
On this subject some discussion ensued between the prosecutor and Hon. Humphrey Marshall
, counsel for Mr. Elmore
; but the question was not pressed by Mr. Young
, and Dr. Peticolas
was therefore permitted to remain silent.
In the absence of Hon. Paulus Powell
, alleged to be an important witness in the case, the justices decided to continue the examination till next Saturday, at the same place, the county courthouse; and the parties entered into recognizance in the sum of $2,000 each for their appearance.