The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1845-08-23
BEFORE THE EXAMINING COURT.

ment, and the contradictory statements which
| have been received here, in relation 20 the muir
| der of young Kendall, we think it right to give
much of the testimony before the examining
court, as will present an authentic version of the
affair. We leave out all that refers immediately
and directly To the killing. and give only such
parts of the evidence as is necessary TO make IN
an opinion. whether the act was justifiable or not,
The various other witnesses, and those from
whose evidence we extract, differ in their views
as To the motives and position of the parties at the
time of the fatal ARRAY. The first witness
MIR. Henry Nc Phersom. employed in the
apo,hecary store of Mr.. James, was the first wit
ness called TO the stand He stated that all three
of them (kendall. Bailey. and the accused) came
into the store of Mr.. James, in company, abou,
o'clock yesterday afternoon. That they had
qnarrel whilst there. Mr.. Kendall, the deceased
called MIR. Elliott, the accused coward. which
was the beginning of it, Elliott called him a
ID liar. They got To higher words-K. call
ing e. ID coward, and f.. repeating the for
mer oath Kendall made at Elliott or endeavor
ed to do so. when held him back They all
then went towards the door, and previous to which
Elliott remarked that he would fight him in a
geatlemany manner Kendall after the sculfle,
said he would whip him (E) the first time he
caught him. Elliott repeated that he would fight
him In gentlemanly manner as the deceased
went towards the door ; also remarkng that he
(hendaID could not get any person to stand for
him. The words Were, believe, that he could
not get gentleman, Bailey then came up to
Elliott, and asked if he meant so. When f. got
the words out again, Bailey came up TO him and
put his fist in his eve. Elliott did not raise his
hand to resent it. Mr.. Jones, the counsel for
the accused, remarked that the magistrates wonld
see that his eye was blacked,1 They (Kendall
and Baiey) went out to the ten pin alley: Elliott
remained hack and washed his eye Kendall said
twice, before leaving the store, that he would
whip him. The ten-pin alley is back Of Mr. IS
store, and is owned by Mr.. Bnrch.
Mr.. K. repeated. as he left the store. that he
would whip him (E.) the first time he caught
him. Both did not say so. Elliott. in not re-
senting the blow and threats said he was in a
gentlemans store, and did not wish TO make a
disturbance there. The accused made this re-.
mark after Kendall's threat and after his eve was
blacked, and just as Baely was leaving the store
Mr.. Elliott, whose hands hung at his sides when
Kendall approached him. did not attempt to raise
them. The witness again repeated that B. and
X. quit the store and went up TO Mr. Burch's ten
pin alley. Elliott, then, after washing his eve,
got man in the store, named Martin TO cal a
hack He entered it. and went off, and came
back again into the store in about two hours there
after. He returned on foot, believe, as did
not see the hack again. had an iron cane-a
gun barrel-in the store Elliott picked it up
and. leaving the store with it, went up 18th
street. He was gone about FIVE minutes and re.
turned alone, and stood in the door of Mr. James s
store. Mr. Morse came In with prescription
Elliott went out while was putting up the pre-
scriRtion, and. when thus employed, heard the
first report of pistol. A lady was also in the
store at the time. ! Immediately ran round the
on,, for II H. n II n
TALL Baly was then pursuing Elliot.
This witness goes TO give his version of the
firing, and attending circumstances, and concludes
his testimony on the examination thus l.
Being cross examined, he said. that after Ken
dali and Bailey left the store of Mr.. James. they
went up 18th street to the ten pin alley He did
not, however, them enter the house; but
Burch came down and said that they were there,
while Elliott in the store. Elliott, having
with him the iron cane, went up far as the
alley, and came back almost Immediately. He
had been playing there before and some crcum
stance which occurred there, was the cause of his
being called a coward. Some person took him
from the alley, and he did not resist it-beinp not
disposed as he said, to make a fuss The wit
ness did not know whether Bailey and Kendall
were at the ten pin alley before the occurrence
alluded to IN the store, but they were there after
wards. In response to Mr.. Dent, on the part of
the United States. the wines said that when the
three came into the store first, they came in to-
gether, in friendly mood The deceased and
Bailey drank soda water, and asked Elliott to
drink. He refused. In calling Elliott a coward
Kendall said 1t in an earnest manner. though he
said afterwards that it was in a Joke Elliott
took offence at it. and made use of the language
| in reort before mentioned. 1t, however became
at last serious; and Kendall seriously charged
him with being Id coward Kendall said
after ne attempted TO strike Elliott, that it was at
| first In joke. Elliott thought Kendall was Joking
when he first called him coward until he re.
pPaed afterwards that he was a id coward
| Kendall called him coward three times serious
| Iy, and threatened TO whip him Being cross
examined, the witness said that, although he un
! derstood that it commenced in joke. yet Kendall
repeated 1t in an aggravated manner, and then
threatened to whip him the first place he caught
! him
DR.. Thomas Miller was next examined and tcs-
tifes to the position of the parties when he saw
them shortly after which the firing was commen-
ced and on his return to the place, he found Ken
dali dead and Bailey wounded In reply to a sus-
gesion from Mr.. HOban, the District Attorney,
that it might be as well to state the nature of the
,vound hat Killed KarJ,I .-.-- n --