From the Richmond Dispatch, 9/5/1864, p.3, c. 2

The Dueling Case. – On Saturday the case of Messrs. E. C. Elmore and H. Rives Pollard, parties alleged to have been recently concerned in a duel, was again taken up by Justices Riddick and Lee, of Henrico, at the County Courthouse.

Dr. Tally, a Confederate surgeon, was called to the witness stand, whereupon Mr. John B. Young, the Commonwealth’s prosecutor, propounded questions to him similar to those which had been asked Dr. Peticolas, all of which Dr. T. declined to answer upon the ground that they might implicate him in a criminal prosecution.

Mr. Young, at this stage of the proceedings, announced that he should take no further steps in the prosecution of the case till the Court of Appeals rendered their decision as to the legality of Judge Meredith’s opinion releasing Dr. Peticolas from the obligation to give testimony in relation to a duel which had been fought by John M. Daniel and E. C. Elmore.

Mr. Young also stated that information had reached him which indicated that General Henningsen would be an important witness, and he hoped the court would use stringent measures to procure his attendance at the next examination.

The Court then adjourned till Tuesday, the 13th instant.

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