The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-22
PAG lNATlM INCORRECT

7
to his store TO get some powder and shot seeing
the powder, he said that il was too coarse. then
remarked to him that my neighbor across the way,
Mr.. Simms had some. He then remarked, "lend
me dollar, which did He got Of me half
pound of fine shot, which were No. 8, bird shot.
He said that their smallness made no difference
that il made no difference what kind of shot they
were He did not tell me what he was going to do
with them. The boys in my store, remarked, after
he had left, that he had black eye. | endeavored
| 10 see him. after he came from Mr. Simms's, to
certain that fact. Whilst he was in my store he did
| not appear excited
| John Hereunder was then sworn, and examined.
He said he arrived in the city yesterday evening.
That he was on his way up the street, and saw
Elliott pass Mrs. Wainwrights on z street, in a
| hack. He had handkerchief to his face. This
was, ne believed, about five o'clock. He was going
down the street in the hack l did not watch the
hack From the circumstance of his having
handkerchief to his face, thought he was sick,
and was riding to Mr.. Rives's, where he resided.
! continued up the street, and went into James's
store, and there learned the difficulty which had
| happened in the store between Elliott, Kendall,
and Bailey was told that Elliott was struck by
Bailey. left there, and went up l4th street, and
into the ten-pin alley; and there saw Bailey and
Kendall. After asking several questions, inquired
of Bailey the reason he had for striking Elliott.
He, in relating the circumstances, said that in doing
So he too hasty, and ought not to have done it.
| then left the alley, and returned to James's
store, where l saw Elliott, and asked him what
was the matter He appeared greatly excited and
did not make me any answer He got the cane out
of the store, and went up 18th street towards the
ten-pin alley. In about two or three minutes he
came back, and stood at the corner and he had not
been there long, before Bailey and Kendall came
down. both Of whom, as they passed Elliott, looked
at him in threatening manner. Bailey, as he got
perhaps half way in the avenue, (Which he was
crossing towards the engine-house,) said something
to him, which did not distinctly hear. did not
hear Elliott say anything In response Bailey made
short pause, and looked at him, and passed on to
| the other corner. They arrived there. The two
McPhersons went over there. Bailey then soon APP
peared to be much excited. | then saw, after sec
| ond effort, Kendall jerk away from VIM. McPher-
son, and come across the street towards Elliott
did not want to see Elliott beat. went into An
derson's store, next door James's, knowing that
Elliott would get whipped. had not been in there
long, before heard report, when ran out and
| saw Bailey and Elliott engaged. Kendall was then
down. All this occurred in few moments of time.
| thought, in consequence of the previous fight,
| that both were against Elliott As ran out from
the store, Bailey appeared to be picking up stone.
heard the pistol 60 off three times, and snap once;
which last was when Bailey was throwing the
stones. When saw Bailey and Elliott, they were
about fifteen feet apart The whole occurred before
could get to the back part of the store, and out
again into the street. When saw Elliott, he was
Bstreatng all the time. Nj
Isaac Ooen examined This witness is a boy
apparently of about IA or Is years of age.] Wit
ness was in Mr. Burch's ten-pin alley when Mr..
McClery asked him to 60 to Mr.. James's for him.
When he arrived there, Mr.. Elliott was washing
his eye Witness asked him what was the matter;
and he replied that some one had struck him. Wit
| ness asked him who and he replied that it was a
person who he had said was no gentleman; and that
he had proved it. When witness returning
from James's, he met Mr.. Kendall and Mr.. Bailey.
went into the ten-pin alley, and when return
ed, | found Mr. Elliott standing at James's cor
ner. He asked me to go 10 MIR. CLANCY, at Mr..
Fuller's, and get cane for him. He had that cane
(Which was here exhibited, being an iron gun-bar-
rely in his left hand, and leaning upon it, and had
his right hand in his pocket. When he asked me
TO go and get him stick, knew that there was
gong 10 be two upon one; and thought | would
go and get something for him to defend himself
against the two. When | went over to Mr.. Full
er's, | did not see Mr., CLANCY; and asked Mr..
kendig, the bar-keeper, if he had cane; and
told him that there was going to be fight. He
said he had none then asked where Mr.. Clancy
was. He said he did not know. At this time /
saw Bailey and Kendall coming down l4th street,
when ! returned Immediately without a cane. They
were passing by Mr., Elliott, when Mr. Bailey
came up to him and said, "Here ann what do you
want" He repeated that twice to Elliott
Being cross-examined, the witness said: They
were there before could get stick for Mr. Elliott
and wanted to listen to them. Elliott did not say
anything until Bailey went away, when he said,
..You have got your crony with you now" Mr..
Kendall and Mr.. Bailey went across the street, to
the corner at the engine-house. The two McPher-
sons started over that way, and Mr.. Elliott stepped
of the curb, but Immediately stepped back again.
The two McPhersons continued over, and stopped
there, and talking Bailey and Kendall. Both
seemed agitated. Mr.. Kendall started to come over.
Mr.. Mcpherson caught hold of him twice, to prevent
his coming over, and Mr.. Kendall dragged away
from him twice, and at last came over. There was
on James's corner large pile of stones near the
m nd WAS ain hef
and the post. He stepped back to let Mr.. Kendall
come by. Mr. Kendall looked very mad when he
came towards him. When Kendall was coming
over, Mr. Elliott put his right hand in his pocket,
and took out pistol, and put il under his coat.
Kendall came up to him, and said "Use it---use it
now, if you dare" He then pushed against Mr..
Elliott, to make him move. was rather behind Mr..
Elliott, and could not whether the deceased col
Jared him or not Mr.. Elliott jumped back over the
gutter, after Kendall pushed up against him, and
fired. He missed him; the cap exploded, as they
say. ! think Elliott dropped the cane, and Kendall
got it, and threw ii at him and struck him. ] did
not see Kendall take 1t from him. think Kendall
threw the at Elliott after the first explosion.
Justice Goddard. How long was it between the
first explosion and that, when Kendall felli
Ans. Between the first explosion and the fire
that fatal, there could not have been more than
80 seconds.
Mr.. FendalI. Did he strike him with the canei
Answer. He threw the stick at him and struck
other end striking him on the breast. At the time
of the second fire, Kendall was approaching and e.
lott backing Kendall fell at the second fire. At
the time Kendall fell, witness did not see Bailey but
soon afterwards saw him about fifteen or twenty
feet off, throwing stone at Elliott, when E. fired
upon him. Witness believed that Elliott fired four
times at Bailey, including the time the cap bursted
Question. You stated in former part of your
testimony that you knew there was going to be two
upon one. How did you know il
Answer. did not say that knew it. said
thought it; and thought so from the manner Bar
ley and Kendall talking of Elliott in the tenpin
alley. On being further questioned, witness said
they talked Of him in threatening manner; they
spoke like they were threatening him. Witness
| thought Mr. Bailey said he would kill him. The
general tone of their remarks was threatening,
that witness took up the impression that there
to be two upon one, In answer to questions by
| Mr.. Jones, witness said that when Kendall APP
preached Elliott, the latter stepped back and made
room for the former to pass, but that, instead Of