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DAILY ENQUIRER-SUN: COLUMBUS, GEORGIA, WEDNESDAY MORNING, JANUARY 17, 1877.
A FAMOUS NEW YORK DUEL.
Ooo of the most interesting events of
its day, and one that absorbed public in
terest for months, was the duel fought in
June, 1842, by James Watson Webb, then
the editor of the Courier and Enquirer,
and Thomas F. Marshall,popularly known
as Tom Marshall, a Representative iu
Congress from Kentucky. Both were men
of great distinction, Webb being a vigor
ous and influential writer, and of much
personal popularity, and Marshall being
one of the gifted men in the House of
Representatives,
The quarrel arose from remarks made
by Marshall, on the floor of the House in
January, 1842, abusive of the newspaper
press iu general, and particularly of the
Courier and Enquirer, which he styled a
“pensioned'' journal, and of its editor,
whom he denominated a “pensioned edi
tor.” Webb sent Marshall a file of his
journal, and wrote him two letters re
senting the imputation. Marshall took no
notice of the request, and Webb bided his
time.
A. few mouths later Marshall came to
New York. He came as a reformed drunk
ard and an advocate of teetotal temper
ance. The halls of Congress had often
seen him too full of alcohol to do his
State honor or to do justioe to his own
talents. He came to New York, having
forsworn the bottle, and created a sensa
tion by his speeches in behalf of the tem
perance cause. He attracted crowded
houses, and beoarne one of the most pop
ular men of the hour. The opportunity
had now come for Webb, and he assailed
the reformed Congressman fiercely iu his
newspaper. He brought out Marshall's
weak points pretty strongly, and accused
him of lack of honor iu uttering slanders
in Congrtss which he refused to retract
when made aware of their falsity, aud of
lack of courage in failing to declare that
he was willing to be held personally re
sponsible, as a gentleman, for what he
had said. Marshall retorted bitterly in
his temperance speeches.
In the beginning of June, 1842, occur
red the famous trial of Monroe Edwards
for forgery, Ogden Hoffinao, Joseph R.
Hart, of Philadelphia, aud otber leading
lawyers, appeared for the proseontion;anc
for the defense Marshal was retained iu
association with Senator Crittenden, of
Keutuckey, Robert Emmett, J. Prescott
VIl.I1 utwl nlliars Afwl Kit-
Hall, and others. The Courier and En
quirer, reviewing the conduct of the trial
incidentally criticised the lawyers engag
ed in it, aud declared that the ease had
shown that Marshall’s ability as an orator
had been greatly overrated,and that he had
at least fifty superiors among the lawyers
of New York. Marshall replied in a day
or two in his summing up for the defence
in which ho devoted an extremely hitter
quarter of au hour to James Watson
Webb, The retort of the Courier and
Enquirer the following morning measur
ed a column and a half. A pass had now
beon reached at which a fight was inevi
table. The threats that bad been uttered
on both sides left no alternative. Any*
thing less would havo exposed both parties
to the ridicule of the whole city. Aud
the challenge came, Marshall seudiug aud
Webb promptly accepting it.
On the 2f>th of Juuo, Webb, accompa
nied by Mr. Morrell as second, and Mar
shall, accompanied by Dr. Kerr, of Wash
ington, and several friends, orossed the
State border and entered the State of
Delaware. They passed through Wil
mington, intending to fight the same af
ternoon, but so many persons were drawn
together by the preparations as to render
it necessary to postpone the meeting until
the following morning. Iu the meantime
Colonel Webb passed over into New Jer
sey aud returned about eleven, sleeping
in his carriage all night. Marshall, his
brother, surgeon, and second, slept at
Marcus Hook tavern.
After the disappointment at Wilming
ton, a battlefield was ohosen on Namaan’s
creek, about three miles from Marcus
Hook, on the Delaware side of the Penn
sylvania State line, and there, a little be
fore daylight the next morning, the prin
cipals, their seconds, and a number of
gentlemen from New York who had has
tened to the spot upon hearing rumors of
the impending duel, made their appear
ance. Almost immediately after their
arrival the seconds tossed up for choice
of position, and the piece falling in the
grass, some dispute arose as to which
party had won. Neither second would
yield.
The dispute was settled by Marshall’s
requesting his second, Dr. Kerr, to con
cede the point. The second declined to
do so. Marshall then, with some warmth,
said, “Give ii to them, Doctor; give it to
them, I came here to have a shot at them,
and do not mean to be baffled by trifles.”
Mr. Morrell, the second of Colonel Webb,
tartly replied, “We ask you to give us
nothing; we ask but what is right,” Mar
shall insisting upon his doing so, the
point was finally yielded by his second.
They then proceeded to decide in the
same manner as to which of the seconds
should give the word to fire. This also
was won by Webb’s second. Webb thus
had both the choice of position and the
giving of tho word.
The principals were then requested to
take their positions, which they did with
a coolness and alacrity surprising all who
were present, each placing his right foot
against a stone, so as to stand firmly,
with the right leg slightly advanced to
ward his antagonist, and the left support
ing the weight of the body. Dr. Kerr
then requested Mr. Morrell to read tho
articles of agreoment governing tho fight.
He did so, and then asked, in a clear and
firm tone: “Gentlemen, are you ready ?”
Mr. Marshall replied : “No, sir, I am
not;” and, pausing for a moment aud fix
ing a keen and searching look upon his
antagonist, he slowly lifted his hat from
his head aud tossed it lightly from him
without altering his position. “Now,
sir,” he said, “I am ready.”
Webb’s demeanor during this proceed
ing was perfectly cool and collected.
When Mr. Morrell gave the word to fire,
thus: “Fire: one—two—three,” the re
ports were so nearly simultaneous as to
cause some of the spectators to imagine
that Webb had not fired at all. The dis
charge had been upon the word “one. 1
No damage having been done, a parley
was then held by the seconds, and the
principals not being satisfied, prepara
tions were made for another exchange of
shots. The weapons were reloaded and
again placed in the hands of the duelists.
Again Mr. Morrell gave the word to pre
pare to fire, aud again there was a quick
discharge, immediately after which Webb
was seen to wheel aud stagger. Dr. Kerr
called out to Mr. Morrell: “Sir, your
friend is falling; why don’t you catch
him?” but, without waiting for a reply,
he stepped up and caught the wounded
man in his arms.
The ball had taken effect in the back part
of the left leg, and upon ascertaining that
it was not fata*, Mashall insisted on hav
ing another shot, saying that Webb had
injured him more thau all other men, aud
if it were possible for him to stand he
would expect him to resume his position.
The second and surgeon of the wounded
man positively refused to permit- this, de
claring that he would bo fighting under
great disadvantages, and this, together
with the interference of the spectators,
prevented further hostilities. ,
Marshall’s younger brother, who, during
the firing, had retired to a distance of
some two or three hundred yards, now
oame up, and was quite vehement in bis
declarations that the fight should not
prooeed further, saying that his brother
ought not to ask it, and that he ought to
thank God that the consequences were
not more serious.
Webb, whilo recliuing in the arms of
his friends, said that he did not then, nor
had ho ever entertained any Hostile feel
ing towards Marshall. This, however,
was not said to Marshall, nor was it offi
cially communicated to him, and the par-
lies left the ground with apparently
the same embittered feeling with which
they had met.
Webb’s wound severed the sinews of
tho leg, but, while it threatened lameness
for life, was not dangerous. He arrived
in Philadelphia the same morning, and
from there returned to New York.
The report of tho duel was the raoiest
news thAt New Yorkers had received in a
long time. For a time Webb wore his
laurels proudly. It had not been his first
duelling experience, and the history of
his other personal encounters was inter
esting and varied ; .and this was a fresh
Rcalp in his belt, although the only bullet
that bit was lodged in his own leg. But
the fight soon threatened to oause trouble.
Enemies of Webb blew the dust off the
statute book where the statute against
duelling was printed, and lodged infor
mation with the district attorney, in con
sequence of which that gentleman found
himself under the necessity of bringing
the case to the notice of the grand jury.
Webb was, in consequence, after a delay
of several mouths, during which the city
was swayed by intense popular excite
ment, indicted for leaving the State with
the intention of accepting a challenge.
He was arraigned upon the indictment in
the Court of Sessious before the Record
er, Judge Lynch, and two Aldermen, on
the 12th of October, 1842. He put in a
special pica of guilty to the charge
contained in the indictment, and
submitted himself to the discretion of the
court in a long address of explanation
and attempted justification of his con
duct. Ho admitted that he had offended
against the letter of the law, but called
attention to the fact that that law had
long beeu dormant ou the statute book,
and that while there had been many duels
fought iu the immediate vicinity of New
York, he was the first and only person
agaiust whom the penalties of the law bad
beeu invoked. He said that, at that very
time, men who bid offended agaiust the
statute prohibiting duelling occupied dis
tinguished places in the Legislature, the
learned professions, on the beuch, and
even in the pulpit. He admitted that had
he taken the life of his adversary, or dis
played a savage or maliguant purpose to
ward him, his proseoutioo might have
some better justification; but this was
not the case. He had resolutely refused
to sanction any arrangement which would
have givon his duel with Marshall a san
guinary character. He had decliued to
tight at four or eight paces, and
had refused to suffer the meeting
take place on Sunday; aud he
had formed a solemn determination
not to take tho life of his adversary. He
had merely acted in accordance with the
dictates of that publio sentiment which,
while it disgraces those who shrink from
these personal encounters, censures those
who engage iu them. He had commenced
life as a military man, aud doubtless been
influenced in this affair by the associations
aud sentiments he had thus formed. Iu
proof of his previous determination not
to take Marshall’s life, he displayed a let
ter which he had written to one of his as
sociates on tho Courier and Enquirer a
few days before tho meeting, in which he
had recorded his deliberate and unaltera
ble determination not to kill his antagon
ist, although Marshall had proclaimed a
determination to take bis “life’s blood.”
Ho said that if his rdversary had not
boasted of his ability to take his life, and
had not publicly avowed a determination
to do so, he would have fired his own
pistol iu tho air. As it wsh, he consider
ed it essential to his own safety, that he
should try to derange his opponent’s aiui
by slightly wounding him, and this he
had sought to do.
As soon as Mr. Webb had oonoluded,
the district attorney announced that he
should move for judgment on the follow
ing Tuesday. On that day, the 19th of
October, Webb again appeared in the
Court of Sessions, but ho was immediate
ly discharged by the recorder, ou the
ground that tho indictment was defective
in alleging only that the defendant had
left the State with the intent to receive a
challenge, but not that he had received
one and bad fought a duel. But the
prosocution did not end here. Tho next
graud jury found a new indiotment, and
upon this Webb was arraigned on the 20th
of November. This iudictment contained
no flaw, and Webb again pleaded guilty.
On motion of the district attorney he was
oommitted to the city prison until sen*
tenco should bo passed upon him.
The Journal of Commerce of the fol
lowing day intimated that iu pleading
guilty ho was relying upon a pardon from
Governor Seward, aud that he had so
pleaded because Seward’s term had nearly
expired, and a trial would undoubtedly
havo lasted until the inauguration of
Governor Bouck, from whom a pardon
might not have been so easily obtained.
The Journal said that Seward had too
frequently partaken of Webb’s hospitality
to permit sentence to be executed upon
him, and that whilo his first indictment
was pending and after he had pleaded
guilty the Governor had taken dinner at
Webb’s bouse.
Horace Greeley, in tho Tribune, advo
cated Webb’s pardon, for the reason that
the statute against duelling had been a
dead letter for fifteen years, and that it
should not now be revived without warn
ing; but thereafter it should bo enforced
without discrimination against all who
should violate it. The American, and, of
course, Webb’s own journal, the Courier
and Enquirer, joined the Tribune in ad.
vocatiug a pardon. The Evening Poet
and the Journal of Commerce demanded
tho execution of the law. James Gordon
Bennett,who had been repeatedly assault
ed aud beaten by Webb in the streets,
threw the whole weight of the Herald in
favor of his pardon. Meantime, petitions,
for a pardon wore being circulated through
the city,and were being signed by citizens
of all parties, indiscriminately.
On tho 20th of November Webb waa
arraigned for senteuoo. The Recorder
pronounced tho statute under which he
had been indioted an anomaly, in that it
prescribed punishment merely for the in
tent to fight a duel, so while the prisoner
could be punished here for the intent, he
might be punished a second time in Dela**
ware for the act itself, which by the laws
of that State was a felony. He then sen
tenced tho prisoner to the shortest term
of imprisonment in the State prison al
lowed by the statue—two years, the long
est being seven years.
The same day a petition for his pardon,
was sent to Albany. It was over four
hundred feet long, and contained over
fourteen thousand names, among them
being every alderman, and assist
ant alderman, save one, fourteen
of the seventeen grand jurors who had
found the indictment against him, many
of the clergy and most of tho lawyers
and judges. Petitions for an uncondi
tional pardon were also sent from Colum
bia county, of which Webb was a native,
and Otsego county, where ho had been
educated.
Sentence was passed upon him ou Sat
urday. On Monday a pardon was received
from Governor Seward. The pardon
recited all the facts of the case; that
Webb was not the challenger; that the
statute of duoling had been dormaut so
loug, aud bad come to be regarded as
obsolete; that the duel had not been fatal;
that Webb had been the one injured, that
he had determined not to take his adver
sary’s life; and that an unconditional par
don was petitioned for by ho mauy aud
snob respectable citizens of the State,
aud therefore the Governor pardons, re
mines, aud releases James Watson Webb
from any and all of the said judgments,
sentences, and executions, and restores
to him all his rights of citizenship for
feited by said conviction and seutonce,
upon the condition,however, that ho shall
uever again violate said law agaiust duel
ing, nor advocate, assist, or abet its vio
lation by aot, word, or publication. The
pardon was dated at Albany the 28th of
November, 1842.
Mr. Webb was thereupon discharged
from the City Prison, without having
entered the confines of Sing Sing.—New
York Sun.
Your Mouth as a Gas Generator.
This “new principle, new way,’’ Dr. J. II.
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W. J. WATT.
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CHAS. H. WATT.
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Our stock of Sug&l? includes every grade and price, aud our lot of Symp
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also, several hundred barrels choice Florida Syrup* which is superior
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<4T Gash customers can always save money by giving us a trial before pnraliasiu
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PHOTOCRAPHIC ARTIST.
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A ND examine the GLACE PICTVRE tho only (Hussy Surface Photograph that retains tlio
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amount of rubbing. Cannot be soiled by water, alcohol, turpentlno, or anything of the kind.
The Burnish Glass made at other places is only imitation, and rotains Its Gloss but a short
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Lowbst in tub City in all Styles and Sites
Regard less of oloudy weather, please call and be convinced that Williams koops posted In
all uew improvements, and gives every attention to please.
[oct26-oodA.wly]
\A/AMTrn Men Boll to Merchants.
Tv Mil I LUi SOO a month and traveling
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notice to comm
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to ho a written order to the
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BOOTS AND SHOES.
WELLS & CURTIS
ARK 8KUINU
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eather
THIS YEAR
FOR CASH,
Aud, notwithstanding tho great advance
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Central Line of Boats.
JJNTIL FURTHER NO
TICE the Central Lino of.
Steamboats will run as follows:
li FOOT, ff, A. Fry, Captain,
TUESDAYS, 10 a v, to Bainbrldge, Ga.
STEAMER C. W. WILLY, T. 1, Moore, Cap’t,
THURSDAYS, 10 ▲ m, to Bainbrldge, Ga.
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J.J1IN1
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fll II ROAD STREET.
octR-eod&m
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‘Vtfv We have a
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Lawyers.
BENNETT II. CRAWFORD,
Attorney and Counaellor at Law
Office over Frazer's Hardware Store.
jal4’77 ly
Mvkk H. Blandvord. Lotus F. Gakkako
BLANDFORD A UAIIRAHD,
Attorney* und Counsellor* at Law.
Office No. 87 Broad street, over Wlttich A
Kinsel’s Jewelry .Store.
Will practice In the State and Federal Courts
sop4 ’76
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ap20,’78
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[jany,70 ly]
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Ladies’ and Childrens’ extra-long COLOR El) HOSE, - ^5c;
LADIES’ GAITERS,*12.; Whole-stock BROGANS, *1.26 j
104 SHEETING, 92Uo; yard-wide BLEACHED COTTON, 8o :
Largest stock of RIBBONS, SCARFS, COLLARS and CUFFS In the oity.
If you want BARGAINS, call on me. No trouble to show goods.
J. ALBERT KIRVEN,
No. 90 Broad Street.
CLOTHINC.
THOMAS & PRESCOTT,
CLOTHING- AND HATS!
HEAD CENTRE
OF
Fashion and Style,
125 BE0AD STREET, COLUMBUS, GEORGIA.
All kinds of CLOTHING and UNDERWEAR for
Men and Boys.
HATS of every variety and in the latest fashion;
KEEP’S CELEBRATED “DRESS SHIRTS,” evory
one warranted, six for $6.
SUITS MADE TO ORDER in the most Fashionable
style.
WEDDING SUITS A SPECIALTY.
ov6-eodfcwtf
Tin and Coppersmiths.
wn. fi:k,
Worker in Tin, dlu tt Iron, Copper.
Orders from abroad promptly attended to.
jyl,*78 No. 174 Broad Street.
. refitted, is
HOU TH
Our stock of Foreign,
I Domestic Lb|
unsurpassed in tho city.
Tho best of MEALS
served at all hours—prices liberal. Wo tuako
a specialty of Imported and Domestic Cigars,
Pipes, Tobaccos and Smokers’ Material.
New York owe# Cincinnati LAG Kit.
CHAN. IILYMAN A CO.
octl6-eo<13ui
Piano Tuning, flic.
K. W lil-AI ,
Repairer and Tuner of Pianos, Organs and
Accordeons. Sign Painting also done.
Orders may bo left at J W Pease A Nor-
tnan>BookJDoro^^^^^^^^^^^^ej»6£75^
Syrup! Syrup!!
A Chice Lit (if Ha Sjrtip,
xw
New Cypress Barrels and Half Barrels.
PEARUE, HINFOUI) A OO., Uruoors,
No. 20 Broad street, Columbus, Ga.
nov26-taw(HKAwod)2u
REAL ESTATE AGENTS.
JOHN BLACKMAR,
Georgia Homo Building, next to Telograph
Office, Columbus, Ga.,
Real Estate, Brokerage and Insurance
Agency.
I.ANI) WAKliBNTS BOUGHT,
ltofer, by permission, to Hanks of this city.
[nov3;’76 tf |
ergctlc;
(10 to 25 per DayS,;
tv ii to sell an urtii-T.- na STAPLE u» COFFEE.".* FaVn
ut other* in thvir own nvitihlioTliooda. Particular* Fvo
AddruM-THE CSNXKN»ZAI> OO. tti. l«ui* Mo
$250
A MONTH—Age:
J. W 0RTU*L'0..toL LouU.Mo
M
H
F
F
GROCERIES.
J. J. WII1TTI.K, CKO. III. YAttltOKOlIUll. JOHN T.IUcI.EOU
J. J. WHITTLE & CO.
HAVE OPENED IN COLUMBUS, UNDER CENTRAL HOTEL, A
New Wholesale i Retail Grocery House,
Where they will keep constantly on hand a Large and Complete Stock of
STAPLE &. FANCY GROCERIES,
_ Ties; full line of Baron and Bulk Meats, anti Lnrd ; ._ ...
Columbus Mills and Western Flour all grades; Salt Fish and Canned v»uuu»; wmanuj*.
Wines und Brandies, and Tobacco ; Coffey and Tea—all brands—together with a full Hue ol all
ud we solicit tho patronage of the city and
J. WHITTLE Sl CO.
jthor Goods kept In a first-class Grocery Ho
Our terms will bo as LOW AS THE LOWEST, i
lurroumling country.
octl6-eod&.w8in J.
W. A. SWIFT,
Wholesale db Retail
DEALER IN
Groceries and Dry Goods!
And Proprietor of tbo
CENTENNIAL WAGON YARD.
dec!6 eodkwly
CARRIAGES,
WAGONS,
Agricultural Implemeutfi, Ac.,
Made and ropulred at the lowest CASH
prices, ou Wynn’s II 111, near tho city, by
aug3eod&wly W. M AMOS.
A lex, froth inch am & to., Hun
ers and Brokers, No. 13 Wall Strec
New York, make for customers desirable In
vestments of large or small amounts In “
of a legitimate character, which freq
pay from live to twenty times the
vested overy thirty days. Reliable
lieges negotiated at favorable
bought and carried as long as
posit of three to five per cent.
Circulars and Weekly Reports sent Iree.
oc21-oodly
ks
tiy
•k I’rlv- .
Stocks j
luslred »n do-
ANHOOD
RESTORED.
Victims of youthful imprudence, who
have tried in vain every known remedy,
will learn of a simple prescription I 'H EE,
for the speedy euro of norvous debility,
premature decay, lost manhood, and all
■disorders brought on by excesses. Any
druggist has thV Ingredients. Address
DAVIDSON Ac UO.,8U Nassau .street, N.I-
ootfieodiawly)
. W YVtuhibgtuu ht.,U»h*ko. ii*
OPIUM'
