From the Richmond Whig, 8/19/1864, p. 1, c. 5
FURTHER ABOUT THE DUEL. - Mr. E. C. Elmore and Mr. Henry R. Pollard were again before the Mayor this morning to answer the charge of being about to engage in a duel with deadly weapons. The counsel of the respective gentlemen were in attendance.
The Mayor asked Mr. Aylett if he had any testimony in behalf of Mr. Pollard.
Mr. Aylett replied he saw no occasion for witnesses, as nothing elicited in the examination of the previous day had fastened any charge upon his client. His client had been arrested on the charge of being about to fight a duel; none of the witnesses examined had shown any such facts. He asked that his client might be discharged.
The Mayor, exhibiting a copy of the Richmond Examiner, said, the hostile correspondence between Mr. Elmore and Mr. Daniel, therein published, was sufficient evidence to authorize him to send Mr. Pollard to the county justice as accessory to the shooting of Mr. Daniel. It was a matter of public notoriety that the Pollard alluded to in that correspondence was the prisoner at the bar, who was one of the editors of the Examiner. He would make the same disposition of his cases as he did of Mr. Elmore's - send it to the county. As to the charge of being about to fight a duel with Mr. Elmore, the warrant arresting him for that was issued upon the positive assertion of a gentleman of veracity, who could be produced if necessary, but whose name should not be made known except under circumstances of the most imperative necessity. That gentleman had stated, that on the ground, where the duel was fought between Mr. Daniel and Mr. Elmore, such language had been used as to induce the belief that a duel would take place between Mr. Pollard and Mr. Elmore.
Mr. Aylett protested against the publications in the newspapers being read as evidence, and called attention to the fact that they did not indicate, even if accepted as evidence, what Mr. Pollard was referred to, or what part he performed, &c, &c.
There was a great deal more of remark by the Mayor, which it would be tiresome to recapitulate. He sent Mr. Pollard to a county justice.