Monday, August 8th, 2011
Mesilla Duel — Legal Considerations
As noted in the post Colt’s Six-Shooters at 15 Paces, Jose Manuel Gallegos and Judge John S. Watts fought a duel “near the Mexican line” on September 10, 1859. Neither man was injured, although they each fired five bullets using what were then advanced, modern weapons.
Why did they choose to fight “near the Mexican line?”
They did so because the legal sanctions against dueling in New Mexico at the time were severe.
Section 20 of Chapter 11 of the Territorial laws in 1859 stated:
“Every person who shall by previous engagement or appointment fight a duel within the jurisdiction of this Territory, and in so doing shall inflict a wound upon any person, whereof the person so injured shall die, shall be deemed guilty of murder in the second degree.”
The punishment provided in the same statues for second degree murder if premeditation was involved was life in prison.
It was also against the law to fight a duel even if no one was wounded or killed:
“Every person who shall engage in a duel with any deadly weapon, although no homicide ensues, or shall challenge another to fight such duel, or shall send or deliver any written or verbal message purporting or intending to be such challenge, although no duel ensues, shall be punished by imprisonment in the county jail or territorial prison not less than one year, or shall be fined in any sum not leas than two hundred dollars nor more than one thousand dollars.”
But it wasn’t just duelers who faced extreme legal liability. Their seconds also could be charged with murder:
“Every person who shall be the second of either party in such duel as is mentioned in the preceding section, and shall be present when such wound shall be inflicted, whereof death shall ensue, shall be deemed to be an accessory before the fact to the crime of murder in the fifth degree.”
The strict provisions of the law intended to prevent dueling didn’t end there, however. Both the act of issuing and accepting a challenge were illegal:
“Every person who shall engage in a duel with any deadly weapon, although no homicide ensues, or shall challenge another to fight such duel, or shall send or deliver any written or verbal message purporting or intending to be such challenge, although no duel ensues, shall be punished by imprisonment in the county jail or territorial prison not less than one year, or shall be fined in any sum not leas than two hundred dollars nor more than one thousand dollars.”
“Every person who shall accept such challenge, or who shall knowingly carry or deliver any such challenge or message, whether a duel ensues or not; and every person who shall be present at the fighting of a duel with deadly weapons, as an aid, or second, or surgeon, or who shall advise, or encourage, or promote such duel, shall pay a fine of not less than five hundred dollars, nor more than one thousand dollars.”
See also:
Colt’s Six Shooters at 15 Paces
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