Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-07-24

pointing 10 StoVes "i'hcss iSma' Aoo w 5000
i. could no. be possible, and that he was Ger
tainly TOO much alarmed 10 be able 10 descfioe
the distance; T. replied he was not 10 moch
alarmed as Spires; the distance pointed out oy
L. was ls or 20 feet; was at the Examing Court,
and heard no witness say w. advanced; this
fact, If j, had been proved, he would have con-
sidered important in making up his opinion as
to the grade of the offence; Iaylor's statement
before The Examining Cour, varied from that
made 10 witness on The evening OF the occur
renee.
Col X Quarlss-Was one n the Grand Jury
that found bill for manslaugh'er; no witness
stated thar w: advanced upon b.; one wine S
said they were nigh together; Spires said inc
middle room door IVES shut, that when the PTS
tol was fired B's hip touched hi, hip, 6o:h be-
ing near 70 the door; he also stated that when
w threw the pistol over he said Cd On
YOU. fire! TAYLOR said that as Is raised the STICK
w. threw I'D his arm TO catch il; did not say
w frs, raised his hand: Spires said the upper
end of the stick was not raised higher than me
breast.
Joha Brand, Gone Of the Grand Jury)-Heard
no testimony about The charge or advance, IL
there had been should have heard II, as ne was
particular in questioning the Witnesses on 'ha'
poinl; Taylor sid he raised his lett fanc 10
tiake hoId Of HE lex, no. to collar b; the wit
NJ sses all agreed in their statements except
Spires.
" E.. Dudku-Was Foreman Of the Grand
Jury; attended particularly to the testimony;
| TAYLOR S, sttd that raised the stick, and w.
canghI Il; hat they were both behind The c0nn'
ter close together; when the pistol was hreo
they we've about 9 feet apart, aud that the oaeK
door was open; Spires sid /; ives shut; 'ha'
when he and u. got to il they could't gr' thro',
sud h. didn' know which would be shot. NO
witness stated Ina w. moved his hand before
the stick WAS raised; they differed as 10 The
place where w. stood; some said behind the
counter. and Spires saie at the opening IN The
counter.
" T. Bryan-Li,es near Spires S. came TO
| witnesses house on the day af tr the occurrence
and rels.ed the particulars; he said he wen' TO
the front room on hearing loud talking, and shut
the door; Wiokrffr was cursing & 4busing the
printer; Benning told w. he was meddling
with things that did not concern him, and that
he need not be so DESTROYS TO know the author;
w. was making towards him, and made
lounge at him with dirk; b. raised his cane,
and w made cut al him; Is. ran and Snires
threw his arm around him, and told him not 10
lun but 10 stand aud fight; w. then drew PTS
tol and shot Bennipg, drew al other pistol and
2resen ed il a, him (Spires); then w. went 10
The front door and said he would put ball
through him if he would snow himself; w. Iold
somebody a, the door not TO go III as they had
!, gun TO shoot a him; Spires said he had his
srm around Benning when he was shot, and that
B. exclaimed he was dead man.
John Mei--Conversed with Taylor in few
minutes after The occurrence, bur did not learn
from him that w. advanced before the sri, k
was raised against him he said that B. raised
his cane to strike or did strike at W.-that w.
c "a led. B id liar, when B said the piece
w. had written was disgrace TO him-Taylor
was conversirg with other persons, and witness
did not hear ths whole Of the CONVEX sa,ion
w E Dudley was c,lled again and asked
by Mr.. Clay if The witnesses had stated 10 the
Grand Jury any thing about the coat. Mr.. D.
answered in the negative, and that the Grand
jury did not ascertain whether he ball passed
through the coat or not
Mr.. CHM proposed 10 read certain editorial
articles in The Kentucky Gazette Of d da e
subs" queu, 10 the transaction, written by q
witness who had been examined by the Coun-
sci for the prosecution.
Mr.. Co,Uan objected, and said he Considered
il an attempt to introduce extransous and ir-
relevan. matter with view 10 influence the
Jury. He would not oppose The reading
Of the public ations of witness touching any
fact thai had been given in evidence on the
trial, but would no, assent TO any thing more.
MIR. Burnett sand, the counsel do no; propose
to limit themselves 10 what relates to the trans.
action, but intend to introduce other topics
Mr. Chinn diselaimed such intention.
Mr. Burnett replied, that although relevant
fact might be discovered in the printed articles,
yet other matters were SO inermingled rha,
he conceived the reading would have an im-
proper effrc' upon the minds Of The Jury. As
TO the witness who had written the articles, he
had been examined, ii was true, as TO one fact
by the prosecuting attorney, but he had mol
been summoned on the part Of the Common
wealth, and he conceived il was TO, com peten,
for the counsel for the accused 20 attempt 10
impeach the credibiIity Of their own witness
The newspapers were then marked and hand
ed to The Court. The Judge er.pcrusing he
| artirlee .rted that o,r,y r.noo, lie