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


him. could not say distinctly, but bslievs they
were about ten or fifteen feet apart when X. fired on
Bailey thought his attempts were to get at Elliott
though he may have been trying to get a stone. Be
tween the first and second fire. b. advanced on him,
as II with the intention of getting hold of him.
Mr.. Hoban, the district attorney. Did you see
Bailey stoop between the FIRST and second fire.
Answer. i did not The witness continued: The
time was very short between the falling of Kendall
and the firing upon Bailey.
Mr.. Jones. Was Bailey near when the deceased
feR
Answer He could not have been far off. ! saw
Elliott FIRE three times, and the pistol missed fire
once
In response to Mr.. Fendall, the witness said
Bailey could not have been far off when the deceased
fell from the rapdity with which he reached Elliott
In response to Mr.. Dent, the witness said: think
saw him b.. pick up stone after Elliott retreated
was then running the street myself towards
them and saw the stone enter Fullers door the same
time that T.. did.
In response to Mr. Jones' the witness said: went
into Mr.. Fuers house. did not see the stone, nor
did examine the place where 1t struck but, on in
curry, was told that il made considerable inden-
lation where il struck--as presumed ii would from
the manner il was thrown. | made the inquiry in
consequence of its being my opinion that it would
Ii was slone a blow from which would have bro
ken the scu That stone was thrown after the last
fire. When passed Bailey at the last fire, he was
IN the act of getting stone.
don's corner, the City Lunch. | heard pistol 60
off, and saw Kendall fall He was, thought, near
or below the hag-way, in the gutter. He fell on
the Aag-way | also think that Elliott was below
the hag-way. When Kendall fell, he was the
hag-way, and fell there then made towards the
parties. then saw Bailey and Elliott-Baiey 60
ing towards Elliott. did not see Bailey with any
stone at ALL | do not think he had one, because he
could have thrown it if he had one. Being cross
examined the witness said: was then making to-
wards them, | then on the north side of the
avenue. had full view of Bailey, and a good
opportunity ofknowing whether he had stone. II
he had one, he keptit very close.
Justice Goddard. How far were they apart when
Elliott fred upon Bailey
Answer. Bailey was six or eight feet from him
when fred upon.
Question. What was Bailey doing when Elliop
fired upon hims
Answer. Bailey was running towards Elliott, as
if TO get at him; and Elliott backing. thought
he ran at e. as if to get at him; and E. stopped
when he wanted to fire. Bailey lodged and as he
lodged, sort of made at Elliott.
Mr.. Hoban, the district attorney. How many
shots were fired at Bailey'
Answer. | thought that two shots were fired at
Bailey and think there was an explosion of two
caps. Did not notice exactly.
Mr., James Kelly testified that he was standing at
Mr.. Purdon's corner, the City Lunch. saw stand
ing on the opposite corner--the corner at the en-
gine-house-B Bailey, Kendall, and the two McPher-
sons | saw VIM. MCPHERSON catch hold of Ken
dall's collar, and was trying to hold him. Kendall
broke away, and appeared to be very angry, and
struck off across the street looked over and saw
him 60 across to James's corner. Elliott was
standing there with cigar in his mouth, and leaning
on a cane. When X. went up to Elliott, thought
he spoke to him, and he caught him (E.) by the
collar. He then made grab at his cane, and E the
scuffe heard the pistol cap go off Mr.. Kendall
wrenched the stick from E. Is hand, and drew back
clear from him. Elliott then backed from the de-
ceased towards the curbstone on 18th street, and
towards the tagged crossway. X. had the stick up
when Elliott fired at him, and he fell second or
two afterwards Ii then E. fired the fatal shot.
They were only short distance apart--not in
striking dstance--not much out of striking dis
lance, however. did not see X. throw the
cane. The last saw, it fell. could not say
the cane fell with the deceased did not, however,
see it after he fell; for after that, | ran towards
Elliott. | did not go close to Kendall, was not
near enough to see a stick lying by him. l was in
the gully, and he was upon the flag-stone, foot
way.
Being cross.examined by the district. attorney,
the witness said that in the scue to get the stick
away from Elliott, be heard the cap explode.
In response to Mr.. Dent, the witness said that
Mr. Kendall had hardly fallen, when Bailey ran up
towards Elliott
In response to Mr.. FendalI, he said. did not
see him (Bailey) when he ran from the other side
of the street. The first place ! saw him was when
he over at the eng,ne-honse corner, with the
other three; and the next ! saw Of him was before
Kendall fell. He was then trying to get to Elliott,
who near Fuller's corner, or more than half
way across 14th street. Kendall had hardly fallen,
when he attacked Elliott.
In response to the justices, the witness said:
They approached each other, as thought; Bailey
endeavoring to get hold of Elliott. did not see
that Bailey had anything in his hand
Mr.. Hoban. What were the circumstances OF
the first FIRE at Bailey
Answer. Bailey was running at Elliott when the
latter fired upon him. At the first fire, they were
apart about five or six yards---hardly that. i did
not suppose that Elliott's life was in danger when
he fired.
Mr.. Jones. Do you suppose, if Bailey had a
stone in his hand-such were to be had where
the difficulty occurred -wheh he was in pursuit OF
Elliott, that Eliou's life would be in danger'
Answer. Yes. do not, however, undertake to
say that he had no stone in his hand; it was upon
the supposition that he had nothing in his hand,
that did not consider Elliou's life in danger. II
he had stone in his hand, suppose his life was
gagged, my attention was exclusively occupied with
them, and could not say what Bailey was then do
ing do s,ot believe that he was throwing stones
when Kendall and Elliott were engaged; but he was
near enough to do SO at the time Kendall fell.
Mr.. Hoban. Did you not keep your eye on Bar
ley after Elliott fred'
Answer. | was looking at them. Bailey stopped
short AFTER to get stone.
Mr.. Dent. Did you see Bailey hold, or attempt
TO throw, stone before the pistol was fredi
Answer. No, sir. did not notice him throw a
stone at all, but thought he was feeling for after
the fire.
In response to Mr.. Jones, the witness said he did
not see him throw a stone at any period do not
say certainly that he did pick up stone, or not,
when he stopped. had been sick some time, and
did not go into the crowd
Mr.. Hoban. Was Elliott pretty deliberate in his
movements
Answer. He was.
Mr.. Hoban. He seemed to take it pretty coollyi
Answer. don't know, sir; both seemed to run
round, like. Elliott after firing would back, and
then would sort Of stopto fire again.
Mr.. Justice Goddard Did you pick up the iron
Gamer
Answer. Yes, sir.
Mr. Justice Goddard. Where did you find it
Answer suppose it was about two yards