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


any physical inability, except the fracture of his
arm two or three years since, though he under
stood from DIR. Hall that he had been laborinp I'M
der some indsposition. Kendall was an active
and vigorous young man. He would state that
he knew Kendall we'll, and liked him much did
not know Bailey till called Ia dress his wound .
though he then recollec,ed that he had known
him when he was boy. Bailey was an active,
| yonng man, presenting more power than either of
| the other two
The testimony which follows puts the reader
| in possession of all the facts which have trans
pired, and it will be seen that it was not the in
tention of Elliott to njure Kendall from his re-
mark to witness, All want you to do is to keep
MIR. Kendall off"-hs aim and object, whatever
his design, was against Bailey.
William Nc Pherson testified went into
James's shop. there learned that there had been
difficulty between the parties-Kendall, Barley,
and Elliott. A few moments afterwards, Elliott
entered the store, and went into the corner and pick
ed up an iron cane which was here exhibited be-
longing TO my brother. He then went out, and
up 9TH street towards the ten-pin alley. saw
him when he was returning from there saw
him, after he returned standing at the corner, or
near it. when Kendall and Bailey came down 18th
street from the bowling saloon. Kendall passed
Stoppeu anu SAID 10 MIN, - we
are ready now TO settle that difficulty" Elliott
made no reply Kendall passed on, in the mean
time, and stood on the corner of the pavement
knew that there would be difference and did
not wish to see it; and therefore went into the
door. Elliott, in few minutes after. came round
| to the door where | was standing and asked me
1t would go across the canal. | refused to 90
could not gro under such circumstances believing
him TO he armed. He remarked "All want
you 10 do is TO keep Mr.. Kendall Off"
The district attorney inquired the object of his
going to the canal. The witness presumed he
wish to fight Bailey; but what relate was all
that he said. drew that inference from his Ian
guage. My brother was then about going across
the street. and followed him that was mmedi-
aely from MIR James's store to the corner of the
street at the engine house. So soon as | got
there, | remarked to B. and K, who were there,
that Elliott said that Bailey struck him uniustifi
ably. stated this by way of Introduction, with
the view 10 a compromise. though did not hear
Elliott make the remark myself. Bailey said he
was perfectly justifable in striking him. In fact,
they both said so-Kendall justifying Bailey
Kendall then said he would 90 over and whip him
(E) any how. | endeavored to dissuade him
from it, remarking that he was armed. took
hold of Kendall, held him hack by the coat, and
stopped him. He appeared very much excited at
the time. Mr.. Bailey then observed that if he
all his arms, if he would but allow him (Bailey)
brickbat, and he would then whip him. Ken
dali then observed that he would 90 over and take
his arms from him. | said, Don't 90, Kendall he
is armed You can whip him anyhow. He turned
round upon me very much excited. and was going
to whip me for holding him. He broke loose
from me, and went the street, and took FL
lott by the collar. They both stepped back, and :,
in the scuflle which ensued. they got behind the
tree box and further on the pavement, which pre-
vented me from seeing accurately what occurred
when they were in that position. could not see
Kendall seize the iron cane when he was in that
position towards me. Elliott, after the collaring,
appeared to be going backwards in the scuf1e, I'M
I'll the tree-boX INTERVIEWED between me and them
Alter got sight of them again, Elliott was re-
treating backwards from Kendall. and towards
Fnller's hotel. The pistol was fired during the
retreat, and X. fell. AS he fell, Bailey was near
towards him. Kendall, as | before said, was
pressing on Elliott as he emerged from behind the
tree-box. Bailey, having left the other side of
the street, was pressing on Elliott when Kendall
was shot. Kendall fell, think, on the second
fire. do not know whether the first one was the
explosion of the cap or not.