From the Richmond Sentinel, 9/5/1864, p. 1
THE DUEL. - The county court, on Saturday, resumed consideration of the case of Messrs. Elmore and Pollard, charged with being concerned in the late alleged duel.
Dr. Alex. N. Tally was called to the witness stand, and the question being put to him whether he, of his own knowledge, knew anything of a duel said to have taken place on the 16th August, between Messrs. E. C. Elmore and John M. Daniel, he declined to answer, upon the ground that by doing so he might criminate himself.
The Commonwealth's Attorney said he would not, at this time, push the point. Judge Meredith had decided that Dr. Peticolas, under similar circumstances, was not obliged to testify. - He (the attorney) would carry that decision to the Supreme Court. In the meantime, he would not press the point on Dr. Talley.
The attorney further stated that he had made an unsuccessful effort to secure the presence as a witness of Gen. Henningsen.
The court adjourned till the 18th, and admitted Messrs. Pollard and Elmore to bail for their appearance.