The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-23

Answer. suppose there were some words pass
ed between them Did not hear anything like the
explosion Of cap.
| Ed,cin Hartman sworn and examined. Witness
knew nothing of the ARRAY. Was not present at il.
Met Bailey and Kendall at the bovling-alley on
Monday evening, somewhere near o'clock Wit
ness had been rolling, and was going out. They
knew him, and asked him to roll with them; to
which he consented. In the intervals of the game,
Bailey told him that he had had short time before
difficulty with Elliott, and had struck him. Bailey
said that he had been impeuous, and regretted il.
Kendall heard what was said, and agreed with
Bailey, and, perhaps, told part Of the story himself
Mr.. Dent, Did they make any threats, or seem
to harbor any i'll feeling against Elliott
| Answer, No. On the contrary, Bailey said he
was sorry for what he had done, and that he was
impetuous Kendall agreed with Bailey in the par
ticuars Of his statement and told him what he had
said to Elliott, and what Elliott said in reply.
! Mr. Jones' Did they say anything more than
that7
Answer. They made no threats, but laughed at il.
They were not, apparently, in fighting humor
They both agreed in saying that the expression
which gave offence to Elliott was made in joke
Witness ceased rolling when they did. They were
going out and he was about going with them; but
another gentleman, who had been rolling with Them
proposed to him to roll half game, and Mr.. Ashton
White, who there, also proposed rolling a
game. He assented, and, while engaged in rolling
with these gentlemen, he heard the report of
|
over, and that Kendall had been taken into James's
Went Immediately out as soon as he heard the first
report. When he got there, It was all over Did not
remain in the alley than ten minutes after
! Bailey and Kendall left
] Mr. II. n. Burr was then sworn, and testified
arrested Elliott at Mr.. George Parker's. met Mr..
Maury, who had apparently just come out there;
| and told him that had warrant to make an ar
rest of Elliott, who was at MIR. Parker's. He said
that he just going after Justice Morsell, that
the, young man might give himself up as ne desired
TO do. went in with Mr.. Maury, and then went
for Mr. Morsell; and then all went in together.
The accused was in the front parlor.
James Wright was sworn, and testified as follows:
| went upon the ground after hearing of the crcum-
stances, when was told that Elliott was at Mr..
| Parkers. That about halfpast o'clock
went and got one of the watchmen who stopped at
Mr.. Morsell's, and told him that | understood Ell
| liott was at Parker's. He said that there was no
warrant issued on oath, as was necessary, under
which to make the arrest. We went around to Mr.
Parkers, to keep a crowd in watch, to prevent his
escape before the legal forms for the could be
had. A few moments after, Lenox came, and sug-
gested the proprety of putting watch on the back
part of the house; which was done. There were
great many persons there when the arrest made
| saw no indications of an attempt or wish to es-
cape. saw, however, two panks off the fence,
on the back part of the yard, which thought might
have afforded place for escape.
j Wfiiidn Dope was sworn, and testified: That, be-
tween five and six o'clock, drove up town..
stopped near the Franklin engine-house was sitting
on my vehicle, talking, and heard the report of a
pistol looked in the direction Of the report, and
] the first thing which caught my eye was Kendall
lying on the tagging. jumped out, and ran over
when saw Bailey in the attitude of throwing, and
rushing on Elliott, who was retreating. and firing
| ran over with great haste pursued Elliott into
Fullers. As was running, saw Bailey in the at
titude Of rushing on Elliott, and throwing stones
and Elliott was, at the same time, retreatng back
wards was about two hundred feet off, when
| Kendall fell
told by hackman that there was young man at
| my house, who wished to see me. went down,
and saw Elliott there He opened the conversation,
by saying that he had got into a fracas, and that
he was very sorry for it, and wished some advice
| | advised him to give himself up forthwith. lie
said, before doing so, he would also like to see MIR.
/ Maury; and | Immediately went in search of that
gentleman. The witness further testified, that the
accused, on being further questioned, said he had
got into quarrel, and that he had fired pistol
/ | asked him if he had killed the person, and he said
| that he did not know. | think he said that the
/ person was MIR. Kendall, and that he had made his
! way out through Mr.. Fuller's. He said that he
i told the driver to bring him down to my house,
being friend Of the family 70 be advised :i, ny me-
the house; and Mr.. Maury gave him the same adj
vice that did. MIR. Maury arrived there soon
after dark. He came directly from the alderman's
room to my house. 1t was about o'clock.
i Mr.. Hoban. Did Elliott propose to you the pro-
priety of making his escapei
Answer He said he would like to go away and
| return again. and advised him not.
! Mr.. Fendall. When he said he would like to 60
away, did he name any particular place
Answer think he said he would like to 60
away and return again, there was then great
4 excitement
Mr.. Fendall. Probably he wished to 60 out to
Mr.. Bairs, and return AGAIN.
Answer. He expressed wish to see Mr..
| Blair and told him it would be as well to see MIR.
1 B. He may have desired TO 60 to Mr. Blar's
until the excitement was over, as he said he wanted
to go away, and return when the excitement was
over. did not think he could go away, and told
him so--that he could not make his escape, if he
even desired it. It was not because my house was
4 surrounded, that said this; because there was
nobody around my house at that time. | told him,
! If there was occasion for it, he would be taken,
matter where he went; and that he had better re-
| main in the city, and give himself up Immediately
Mr.. Maury gave him the same advice. Mr.
Maury, when spoke to him on the way to my
house, said, '.ifhe wasmy own brother, would adj
wise him TO give himself up.' He did take the adj
vice we gave him, without hesitation. then went
up to MIR. Rives's house, and when returned,
found him sitting in the passage of my house. lie
| said, whatever we advised, he was satisfied with.
went after Mr.. Fendall.
| Mr.. Fendall. What time do you suppose il was
| when you went after mef
1 Answer / think il was about eight o'clock.
! Mr.. Fendall. What time did he give himself
| up'
Answer He gave himself up at ten O'Clock. On
my return with Maury, proposed to Maury to go
and get Justice Morsell. He said we had better see
Elliott first; and we did 80. He acquiesced in the
suggestion. Blair was not there when he gave him
| self up He came in from the country.
| In response to Mr.. Fenda, the witness said that
j the accused was on terms of intimacy with Mr..
Blair, and looked up to him as an adviser.
i Some conversation here took place between the
counsel, in relation to getting Boiley's testimony;
and MIR Fenda said that mghtb necessary for the
counsel for the defence to examine other wit
nesses.
4 TO Continued
s. l.. LEWIS,
ATTORNEY AT LAW, cENTREyILLE, VIRGINIA,