
    Case No. 16,260.
    UNITED STATES v. SHACKELFORD.
    [3 Cranch, C. C. 178.] 
    
    Circuit Court, District of Columbia.
    Nov. Term, 1827.
    Dueling—Indictment por Carrying Challenge.
    Upon an indictment for unlawfully carrying a challenge to fight a duel, a scienter must be proved.
    Indictment for unlawfully-carrying a challenge to fight a duel.
    'Mr. Taylor, for defendant,”
    contended that it was necessary for the United States to prove that the defendant knew it to be a challenge. It could not be “unlawfully” carried if he was ignorant that it was a challenge:
    Mr. Swarm, for United States,
    contended that the defendant was bound to know; and that he carried it at his peril.
   THE COURT

decided, nem. con., that the scienter must be proved; and the circumstances that the letter was not sealed, and that the defendant declared that he thought it was a legal notice, were for the consideration of the jury in deciding whether the defendant knew it was a challenge.  