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

Kendall, and shot him. As Kendall fell ran out
of the door, towards the curb, on l4th street. he
| then shot again at Kendall, after he was down.
then ran and caught hold Of Kendall, and tried to
raise him up | could not, he was too timber
With the assistance of colored man, we raised
him up. He was not quite dead then.
Inresponse TO Mr.. Jones, the witness said; Helm
never moved after the fall. do not think he did
He died in JaInes's storeit was there he made 'he
last gasp. 80.
Mr. Hoban, district attorney At the time Elliott
shot him, had he any stick'
Answer. | saw no stick in his hand when Elliott
| fired.
The witness being cross-examned, said: When
| Elliott fired | saw Kendal,s left hand down, and
his right hand up. When first looked at Kendall,
| | thought both were standing STILL did not hear
either say anything. did not take notice that FL
| liott had cigar in his mouth. | think, when ne
| fred he took deliberate aim at Kendall He cooked
his pistol, and waited until the barrel turned, to
bring the cap over IT; he pointed the pistoi, ana
waited for the barrel TO turn, and then hred'
thought he took deliberate aim.
| Justice Goddard. How do you know he waited
until the barrel turned' Did you ever have one oil
/ them in your hand TO tryS
Answer. No. do not think ever saw one OF
them in my ife -
The witness continued When took up Ken
DALI heard a pistol go off again. | looked up, TO
see which way Elliott was firing. did not see
Bailey at ALL at the time Kendall was shot. AS we
got Kendall in our arms, lie fired a second pistol
When he shot the second time, looked towards
Fulers corner, and saw Bailey standing down IN
the gutter | saw him clap his right hand up to his
| left arm. Then Elliott fired, and ran into Mr.. Full
| ler's hotel.
| In response to Mr.. Fendall, the witness said:
Bailey was still standing in the gutter when saw
| him. That was the first place and the last place
saw him. | took Kendall in my arms, TO carry him
hut he inn
almost fall from them.
Being crosse xamined, the witness again said: As
soon as saw Bailey smack his right hand on his
left there, turned my eyes away; and that was
| the last time saw him.
| In response to Mr.. Fenda the witness said: My
eyes were Elliott till he raised the steps at Full
ler's hotel II was the last of the stone steps.
| | did not see him enter the house.
| MIR. Jones. In this quarrel that you heard at
James's store, you heard Kendall say that E. was
id coward.
| Answer. No, sir; / did not hear him say that he
was a id coward at any time. ! said that Ken
| dali called him coward.
| Mr. Jones. Did you hear him repeat the word
eo,card more than once'
Answer. No, sir.
| Mr. Jones. Did you hear X. say, on going out
of the door, that he would whip him (E.) the first
time he caught him!
| Answer. No.
| Mr. Jones Did you hear him say that he would
| Answer. did not. But | heard Elliott say that
if Bailey struck him unawares, he would make him
suffer for it,
| Mr.. Hoban When did Elliott say that
| Answer. When they went out of the door He
first said he would make him suffer for it, and then
said he would mark him.
| Mr.. Jones. Whom did he say that toi
Answer. To Mr.. Bailey, as he left the door.
! Mr.. Jones' Then you say that Kendall called FL
lott coward only once, and did repeat it after
Elliott called him id liar,
| Answer. did not hear him say it,
! Mr.. Jones. Did you see or hear any attempt on
the part Of Kendall v attack Elliott
Answer. No, / did not.
Mr.. Jones You did not either Of the two Nc
Phersons attempt to hold him backi
Answer. No sir. was not looking.
MIR. Jones' Now, sir, you heard the quarrel; you
saw the parties while they were quarrelling; and saw
nothing of Kendall attempting to get at Elliott and
| strike him, and nothing of the two McPhersons
| holding him back; and you in the room the whole
| timer
counter, and they were the soda fountain,
| Mr.. Jones Did you look at them quarrel
| Answer. | heard Elliott make use of the words
Odd iaro
| Mr.. Jones' Yet saw or heard nothing of the at
tempt OF Kendall to assault him, and Of his being
parted by the McPhersons,
Answer. No sir.
| Mr.. Jones. You are certain that, after Kendall
was down on the ground, Elliott shot at him sec
ond time!
| Answer. Yes am certain that he shot to-
wards him; because, after he fell, ran towards r.
to pick him up, and had got to the curb before he
| fred at him. Witness within ten feet Of Ken
dali as he lay saw nothing of the stick after the
scuifling, until saw it in court. When K. fired
| the fatal shot, both were standing sh--Kendal
with his left hand down, and his other bent against
his side. The colored man did. not go out Of the
store with me. He was at the body with me when
tried opick it up. When was picking him up,
| | heard the pistol go off again. looked up and
saw Elliott, but did not see Bailey. When heard
| the next shot, looked up and saw Bailey standing
in the gutter, with other motion except that of
putting his hand on his left saw sort Of
scufe pursuit, or attack Of any kind, or throwing
of stones. Had good view of the pistol, and il
was one Of these six-barrel revolving pistols Did
not know what became oft / only saw it as FL
| lott held it in his hand
| Mr.. Jones. You stated that the first thing which
called you the door the hearing of the cap ex-
plode?
Ans. That was the first thing, together with
voice and some words which could notdistinguish
| | did not go to the door until heard the cxplo-
sion Of the cap; and when got to the door, found
Kendall and Elliott on the curb struggling for the
| sck--both having hold of ii with both hands.
then went back into the store.
Mr.. Jones' What carried you back at this criti-
cal moment, when the struggle was going oni
Ans. went back to pick up some tools that l
left lying about, to put them away.
Mr.. Jones. What brought you to the door
againa
Ans. do not know what brought me to the
door again could not tell exactly what it was.
Mr.. Jones. You said you saw Elliott take the
pistol OUT
Ans. did not see him take out any pistol. I
saw him put his hand in his pocket--hs outside
coat pocket-and he had his hand upon it.
| MIR. Jones. Did yon the pistol while they
were struggling for the stick
| Ans No, did not.
TO be Continued
| CAPITOL-HlLL FEMALE SEMINARY.
| M ISIS TAYLOR, who succeeded Miss WHIr-
| VI WELL and Miss McCoRMIcK principal of
this institution, will be prepared again receive pu-
j ,.ile iloI i,fS,