The New York herald., 1845-08-22
LATEST INTELLIGENCE.


Correspondence OF the Herald-1
WASHINGTON, Aug 20, l845
Resumption Of the Case Of William Rufus Elliott
Continuation ofthe Examination of WItnesses.
AT ii o'clock, to-day, the Court re-assembled in
he City Hall, in continuation of the examination OF
witnesses, in the case of William Rufus Elliott.
arraigned tor examination, as to his admissibility
or inadmlsslbillty to bail, for the killing of William
Il. Kendall, on the Pennsylvania Avenue, and the
woundlng OF Josiah r. Bailey, with a pistol shot
on the afternoon of the 18th instant.
There was no abatement in the number Of snecta
tors from yesterday, although, from the mass of
evidence taken, it had become apparent that tho
nature of the crime of the prisoner was clearly ina
ted from the strongly markedevidences Of the last
alternative OF sefdefence.
WM L. HARRis-Saw over at James's Corner Oath
tell the prisoner resting on cane stopped sometime and
saw Mr. Kendall coming the street. and he
across the prisoner drew pistol from his pocket and
put it under his coat tall Kendall two three yards
of the curb stone Jamess store; think the pri
had on Light coat. pocket in the outside put
were the pockets larger Witness-I did not examine
the pocket sr "a laugh) He pulled the pistol out of
him, and he gave him shove and then this gentleman
stepped back; Mr. Kendall then showed him again, and
and fired his pistol cap bursted before he fred
said to Kendall take care he's got pistol and at that
showed HIM the second time. Mr. Hoban-Go Mr..
Harris-Wesir its not worth while for me to 20 on for
don't know any more for run to take of myself
MIR. Kendall lying his face, he rz up like as
he was looking at this gentleman The backs of these
gentlemen was not to me, till my back to them;
toward Elliott to get hold Of him. but as he com
menced firing cleared out behind the hack and don't
know any more till Kendall was killed after he fired
run looked behind, as | was running, and MIR.
Kendall laying down on the pavement; after got be-
hind the hack heard several reports
/ WA
looking at them, or as thought a looking at
them they were standing breast to breast was stand
ing Sideways think heard another report before
reached the hack; he (Ellio was away from Mr.. Ken
dali when out and Mr.. Kendall was lying his
stomach and was scared back again by the firing;
don't know who the firing at; never said that
Mr. Elliott shot at Kendall after he was lying the
ground.
Mr. NEvIrr-I sitting at my store door on the
south side OF the Avenue, opposite Fulers reading
way; when looked over the way and saw MI KendaIi
witha stick uplfted; don't think heard pistol before
that; Mr. Kendall was standing at the time near
the curb stone, close to the lamp post with the stick
raised Elliott in the street at short distance, with
his breast to Mr. Kendall who had his stick still raised;
to throw the stick he fired; did whether the stick
Int Elliott; think they were six eight feet apart
thought Kendall about to throw the stick when he
fell appeared to the stick went from his hand
he fell did not see any at that time but those two;
my store is across the avenue placing about IFS feet
off; think Mr. Kendall did actually throw Mr.. Elliott
having Withdrawn from his reach the fire and the throw
stantaneous; when first saw them Mr. Kendall had the
stick raised, as to strike, enough to strike
him but Elliott retrsatsd out Of the way alter Kendall
Elliott and as he came near Elliott fred nothing in
Baeys hand at the first fire at Bailey think they
hold Of Elliott Who was backing and preparing lis
to to fire again. did not Mr. Bailey stoop before the
first fire. saw Elliott fire three times missed fire once;
saw Bailey pick up stone after Mr.. Elliott ran towards
and into tullers doors thought the stone wss thrown
with such force to make a considerable dent in the
side of the door, but learn that it did not.
Mr. KELLEY. was standing at Burdens corner, op-
er down, across l4h street, several persons; saw Mr.
McPherson Zone of the two brothers on the spoD take
hold Of Mr. Kendall He broke away from him, and ap
peared to be very angry him 60 to Mr. ELI
o at the corner of the drug store, where Mr. E. was
standing, with segar in his mouth leaning his
When he went up to Mr. Elliott saw him catch him by
the collar, and thought he spoke to him. He made a
grab at his and in the scue heard the pistol cap
go off. Mr. Kendall wrenched the stick from his hand.
and he backed from Mr. Kendall and got clear of him..
When Elliott backed from Mr. Kendall the latter had the
stick raised and then Elliott fired the fatal shot, They
not far apart then just within striking distance;
did not see the stick afterwards; did not so to Mr. KEN
DALI went to Mr. Elliott. In the scufe to take the stick
away heard the cap explode Elliott had backed more
than half way the street. when attacked by Bal
ley; Kendall had hardly fallen when he attacked Eli
ott Mr. Bailey wanted thought to get hold of Eli
ott as he approached saw nothing in Baileys hand;
Bailey was running at Elliott at the first Ave
six yards off, don't say that he had had not stone
in his hand after the first are saw Mr. Bailey stooP to
pick up stones did not see Mr. Bailey throw before the
first fire. nor afterwards, during the firing; saw him feel
ing as if for stone. After further immaerial particu
Iars, Mr. Kelley was discharged.
the pistol go off, and Mr. Kendall fall stated the po
sition of Kendall and Elliott at this tme then made
stone in Baileys hand; Bailey might have had
stone but he kept very closes Bailey was six or eight
sor, , backed having lodged made made at him. him; they they
both worked round pretty much during the fray when
Elliott fired he would run round till he got his pistol fix
ed and then he would sort back like and stand still
and fire agn Ipicked up the iron cane it was lying six
or eight feet off from Kendall between him and Fullers,
MIR. H. NoRTHRup sworn-I was not there, sir; was
at the bowling saloon; Bailey and Kendall into the
Elliott with black eye asked him how he got black
eye; he then told the circumstance that they were in
the store drinking soda when Elliott began to talk Of
difficulty he had with gentleman before, and
Kendall told him to hush, he was id coward; then
Elliott called him ID liar and repeated it several
times Kendall asked if he in earnest for if he
would go out and fight him. Elliott said he did not fight
that way, but that he would fight him as gentleman
Kendall took notice of it, and Elliott said that Kendall
couldn't get gentleman to stand by him and at that
Bailey said he gentleman and struck Elliott that's
and Mr. Kendall gave me his watch to hold, and went
out and shortly after heard the report Of pistols then
ott when he got within fifteen feet of Elliott the
latter fired; Bailey lodged and stopped for stone and
s @ is%ss ksp n oSns
the time; he did not look the ground but kept feeling
for stone; Elliott fired twice the thlrd tune BAILEY
ded when first came out and saw Bailey and Elliott
did think Elotts life in danger nor at any time that
saw him; saw Bailey throw stone at Elliott as he
into Fuer's door; it would have knocked him down
had hit him; don think it would have killed; stone
would have weighed about two pounds; heard Mr. Eli
OFT make threats before tins transactions when they
went into Mr. James store to drink soda, Mr. Kendall
said they went in with their around anohers
necks; they were very friendly up to that time.
Mr.. JAS. SHAcKLEFoRD sworn-I did not see the first
Of this dificulty was walking on my pavement oppo.
site Fullers when gentleman at the corner, on
the side OF the with me- leave several oth
there and over the avenue Alr kendal heard
afterwards noise the way and ran over; saw the
two gentlemen; Kendall was below the flag way, and
they both seemed to be ecning together, saw Mr. Eli
ott fire and Mr. Kendall asll; saw no stick was mid
way the avenue; wher Kendall fell, saw Mr. Bailey
coming up with all his main and strength, to Mr. Eott
nv impression was that Mr. Bailey was trying to head
off and get hold OF Mr Elliott; saw no weapon in Mr.
kendas hands before he tell; think MIR Elliott might
have escaped from Kendall; was running up when
saw the firing; Mr.. Bailey running before me;
was not running when Mr.. Elliott fired
Mr. JosuuA WELLS caled.-At about four O'Clock on