Chatham County GaArchives History .....Savannah Duels - Chapter XVIII 1923 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher http://www.genrecords.net/emailregistry/vols/00001.html#0000031 October 26, 2004, 10:16 pm CHAPTER XVIII SAVANNAH'S LAST FATAL DUEL, IN 1870 A BOAT RACE AND ITS TRAGIC RESULT?SPLENDID NERVE OF LUDLOW COHEN WHO FELL MORTALLY WOUNDED ON THE FIFTH EXCHANGE OF SHOTS WITH "OLD DICK" AIKEN?JUDGE GIBSON'S COMMENT AND WHAT THE CODE HELD AS TO CONTINUED EXCHANGE OF SHOTS. The last fatal duel between Savannahians was that in which Ludlow Cohen fell from a bullet from a pistol of Richardson F. ("Dick") Aiken. This was in 1870. Both were men of recognized courage. Aiken was about sixty years of age, a rice planter from near Darien, a frequent visitor to Savannah, a lover of the water and owner of one or more fast sailing pleasure boats. In Savannah his only associates were the lovers of sport. That was the period when aquatic sports flourished here. Cohen was in his early 30's, of the firm of Wilkins & Cohen, dealers in fertilizers. He had come from "over home," as Charleston was even then dubbed, and was popular not only with the young element of sportsmen but with all who became acquainted with him. Like Aiken, he was the owner of a fast sailing boat. A half century ago the Savannah owner of a yacht felt the same keen interest and pride in its good points and performances that the owner of a race horse did, constantly extolling his boat's merits, and was ever open to a challenge. It was out of this jealousy of the racing qualities of their boats that this duel came. One day the two men and a number of companions of similar tastes were gathered at the house of John Anderson, at Beaulieu, afterwards the Lester place on the point. There was a good racing breeze and a test of the boats of Aiken and Cohen was suggested and agreed upon. Aiken's son was placed in charge of the stake boat, stationed a mile or two from the starting point, and the race began with the usual zest. Cohen's yacht lead and turned the stake boat a considerable distance ahead of Aiken's. The breeze then died out and the contest degenerated into a drifting match back to Beaulieu. Gathered at the Anderson house the merits of the boats were the topic of conversation among the group of young men who remained for social intercourse. It was suggested that as Aiken's boat had seemed to be gaining on Cohen's boat, another race between the two should be arranged to determine which was the better craft. "I will not race with Aiken again," said Cohen. "He is not a gentleman." "What do you mean by that ?" demanded B. B. Ferrill, a close friend of Aiken's, who had made the suggestion that the race be run over, and who is still remembered by many Savannahians as "Benny" Ferrill. ?I mean what I said," replied Cohen. "His son moved the stake boat forward in order to give his father an advantage of shorter distance. I will not race with a man who would profit by such a move as that." Ferrill is described as quickly resenting this, as he had suggested the second race. "If you do not retract what you have said," came his sharp rejoinder, "I will tell your comments to Aiken immediately." "I have nothing to retract," was Cohen's final remark as he turned away, and nothing could convince him that he was in error in his suspicion as to improper practice in the race. True to his threat, Ferrill at once sought Aiken, who was still in the Anderson house, and informed him of Cohen's words. Dictated by Aiken, Ferrill penned a peremptory challenge to Cohen and delivered it at once. It demanded a full retraction and apology, and in lieu of that an immediate meeting with such weapons as Cohen might select. Cohen declined to consider the suggestion of friends that he withdraw his offensive remarks. The fact that he was a poor shot and that Aiken had had much greater experience in the use of firearms did not deter him from the meeting. The regular duelling pistols were selected as weapons. Several friends refused to act as seconds and urged a settlement of the trouble. Capt. David Waldhauer, of the Georgia Hussars, a one-arm veteran of the Civil War, became Cohen's second, while Ferrill acted in that capacity for his friend Aiken. Late that afternoon, Thursday, August 18, the two parties left the city. Aiken and his friends spent the night at the McAlpin place, the Hermitage, while Cohen and his friends slept at the adjoining Brampton, the plantation of Dr. J. B. Read. Dr. William Duncan and Dr. Thomas J. Charlton accompanied them as surgeons. At daybreak on Friday morning the duellists met at the place selected, on the Brampton plantation, about four miles from the city, near a little cluster of trees, on the left-hand side of the Augusta road. Twelve paces had been decided upon as the distance and were at once stepped off, and the seconds went through the usual preliminaries. Captain Waldhauer, having lost his right arm at Gettysburg, was unable to load the pistol for Cohen, and that duty was performed by Dwight Roberts, the only living witness today of the duel. The pistols were the old style smooth bore, the calibre being a one-fourth ounce ball. It was the freshness of the early dawn. The dew was still on the grass and shrubbery, the birds were singing their matins, butterflies fluttered about them, the varied insect life of the woods and fields was astir, nature was just awakening from its night's rest. The darkness had been one of little slumber for the principals and those accompanying them, and while the sun was dissipating the mists that still obscured a part of the landscape it could not rob the two groups, that faced each other with cold and formal salutations, of a sombreness which seemed to foreshadow the tragedy that lay within the womb of the next half hour. The seconds drew for positions, and to Cohen fell the choice. He selected the east, with the sun's glints falling over his shoulders and lighting and warming up the little stretch of ground, half sand and half grass, that lay between him and the man who felt that only in the shedding of Cohen's blood could be washed out the stigma that had been attached to him in the young man's intemperate utterances. No efforts at reconciliation were made, it being apparent from the attitude of the two men that nothing could be accomplished in that direction. Four shots were exchanged, without either of the duellists being hit. Under the ordinary procedure, after each exchange of shots, the seconds were supposed to seek an amicable adjustment, or an expression from the challenging party that he was satisfied. For some reason this appears not to have been done. For the fifth time the pistols were loaded and the two men confronted each other with the same grim determination that had marked them from the beginning. It was evident from the spirit of the principals that the exchange of shots would continue until one or both of them fell wounded. Just before they took their positions for the last time one of Cohen's friends said to him: "Aiken will try to kill you. You must keep cool. Are you nervous?" Cohen laughed. "Nervous? Not a bit," and with a careless swing he threw the pistol into the air and caught it by the end of the barrel as it came down, and once more calmly faced his adversary. Again came the usual question, and again the two nodded their heads that they were ready. Again came the word, "Fire! One, two, three. Stop!" But the admonition not to fire, if either man had failed to do so at the signal, was unnecessary. As quickly as the word "Fire" came, Cohen had pulled his trigger. His fifth bullet failed of its mark. Aiken's aim was better than his preceding efforts to lodge a bullet in his living target. The report of the pistol came distinctly after that of Cohen's, and the bullet from it entered Cohen's right side, passing through the abdomen, cutting the intestines. Cohen's right arm dropped to his side, the empty pistol fell from his grasp, and the unfortunate young man sank to the ground. Instantly the surgeons came to his aid. Their examination showed that the wound was in all likelihood fatal. Placing him in a carriage they brought Cohen quickly to the city to his residence. Other surgeons were called in, but he was beyond human aid. Shortly before 3 o'clock that afternoon he breathed his last. There has come down a story that Aiken was really a good shot, that he could have wounded or killed Cohen in one of the first exchanges of bullets, but refrained from doing so in the belief that his antagonist would express a willingness to apologize or retract, and that he only took more careful aim on the fifth round from a recognition of the fact that Cohen's persistence in shooting might eventuate in his own death. The facts do not sustain this tradition. Aiken and his friends came to the city and Aiken delivered himself xo Justice Isaac M. March, who held him in bond of $5,000. Coroner Harden later gathered a jury to investigate the killing. The surgeons were called upon to testify. "Was the shot that proved fatal given in self-defense ?" was asked of Dr. Charlton. "It was," he replied. "Mr. Cohen fired first and it was after he fired that he received the fatal wound." Dr. Duncan and Mr. Roberts confirmed this. Mr. Roberts added: "I think there would have been another exchange of shots if Mr. Cohen had not been wounded." The jury's deliberations were brief. Its verdict was: "We find that the deceased came to his death from a gunshot wound received at the hands of Richard F. Aiken, whilst fighting a duel, contrary to the laws of Georgia." For a time it seemed as though an example might be made of Aiken. The coroner discharged his jury, stating that the case would be brought to the attention of the grand jury. Aiken was released by Judge Schley on $20,000 bond. Apparently that was the end of the matter. The newspapers gave more details than of previous duels, but the present-day instinct to cover tragedies fully was absent, and much of the information herewith presented was obtained from other sources. In its brief account of the hearing the "Morning News" said: "The questions involved are nice legal ones, and as the unfortunate affair has attracted much attention, there will doubtless be a crowd to listen to the arguments involved in the case." And it further informed its readers that "It was currently reported that Governor Bullock had telegraphed, upon hearing that a duel had been fought with fatal results, to arrest all parties engaged in the affair of honor." Perhaps that was a move to awaken sympathy for the living duellist, interference by Bullock in a Chatham affair not being relished here. But there was not a word of editorial protest against duelling as a practice, not an expression of disapprobation by the journals of public opinion. If the grand jury considered the duel, it refused to bring in an indictment. The pistols used in this affair are now the property of Mr. A. G. Guerard. As far as known, they are the only pistols extant in Savannah used in a duel with a fatal ending. The Anderson house, where the trouble brewed, was burned to the ground on December 26, 1877. The killing of Cohen caused much excitement. Those who recall it tell of the feeling which swept the community and the sentiment it awakened against recourse to the code to settle personal difficulties. Cohen had become quite popular during his residence in Savannah. He was a young man of high principles and drew many friends to him. That his life should have been snuffed out, in violation of law, in response to an old code of honor that many thinking men looked upon with disapproval, if not horror, awakened hostile criticism that did not entirely die out after the proverbial ten days' sensation. There were more meetings of this nature afterwards, in which no one was wounded, but the era of duelling for Savannahians was nearly over. Its tragedies ceased when Cohen's life blood gushed out on the sands of Brampton. It is related that Judge R. T. Gibson, who had been City Treasurer several years before this, and was conversant with various affairs of honor, was at the old Habersham office on the Bay when told of the details of the duel. "My God!" said he, when informed it was on the fifth exchange of shots that Cohen received his mortal wound. "Five shots! Did they not know that one, or at the most two shots, amply satisfies a man's honor ?" And the old man was right to a certain extent. It all depended on how serious Aiken considered Cohen's statement to be that "He was not a gentleman." An old writer on duelling held that if more than two shots were exchanged, it was evidence of a malevolent desire to slay, or of an ignorance in the use of weapons that brought the custom into disrepute. Governor John Lyde Wilson, of South Carolina, the noted authority on duelling, in his Code published in 1838, said to have been the first prepared in this country, and which became the accepted standard in the South Atlantic section, pointed out that after an exchange of shots, neither party being hit, "It is the duty of the second of the challengee to approach the second of the challenger, and say: 'Our friends have exchanged shots; are you satisfied, or is there any cause why this contest should be continued ?' "If the meeting be of no serious cause of complaint, where the party complaining has in no way been deeply injured, or grossly insulted," Governor Wilson went on to say, "the second of the party challenging should reply: 'The point of honor being settled, there can, I conceive, be no objection to a reconciliation, and I propose that our principals meet in middle ground, shake hands and be friends.' "If this be acceded to by the seconds of the challengee, the second of the party challenging says: 'We have agreed that the present duel shall cease, the honor of each of you is preserved, and you will meet in middle ground, shake hands, and be reconciled.' "If the insult be of a serious character, it will be the duty of the second of the challenger to say, in reply to the second of the challengee, 'We have been deeply wronged, and if you are not disposed to repair the injury, the contest must continue.' And if the challengee offers nothing in way of reparation, the fight continues until one or the other of the principals is hit." Aiken and his second may have considered Cohen's accusation of unfair practice in the race as coming under the last provision of the code. A number of Cohen's friends accompanied the body to his former home, Charleston, S. C. The Charleston "Courier," of August 22, 1870, said: "Obsequies of Mr. Ludlow Cohen: The remains of this gentleman who fell in a duel on Friday last, in Savannah, Ga., were brought to the city on Saturday, and carried to the residence of his uncle, D. D. DeLeon, Esq., corner of Wentworth and Smith streets. The funeral took place yesterday at the house and continued at the cemetery, Coming street, according to his faith, and were concluded by the lodge of which he was a member. The deceased was well known here as a young gentleman of high tone and character." Additional Comments: From: ANNALS OF SAVANNAH SAVANNAH DUELS AND DUELLISTS 1733-1877 BY Thomas Gamble COPYRIGHT 1923 REVIEW PUBLISHING & PRINTING COMPANY SAVANNAH, GEORGIA File at: http://files.usgwarchives.net/ga/chatham/history/other/gms422savannah.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 16.0 Kb