The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1845-08-30

10. we cropped In ABOUT . O'Clock, and think
there were then present between four and six
hundred ii the bold and ardent sons of the Gem
of the Sea-YN O. Jc6ersonian.
THE HOMICIDE IN WASHINGTON.
In order 10 perfect understanding of the case
we have given, below, the affidavit of Bailey,
who was with Mr.. Kendall before, and at the time
he was shot by Elliott. From reading it, we are
convinced that it is true-there is no irraschility
or bitterness of feeling in it, With this state
ment we shall orego all further notice of the case
until ii shall come up for regular trial in Decem-
Der next.
The .fn!Iowing is the deposition IF Mr.. Josiah
Baiiey, taken BIZ Justice Goddard and DIOR
sell, which ,cGS referred 20 in the arguments
IN this case {:
DrsTRIor OF COLUMBIA, County Of Wash
ingtOn, to 1CH.-On this both day of Auoust
1915, we q. K. Morscll and J. II. Goddard, us
tees of the peace in and for said county, did 90 to
the dwelling house of Jusan Bailey, in said coun
ty; and, after said Bailey being sworn ON the
Holy Evangely of Almighty God, he. the said
Bailey, did depnse and say Kendall and myself
met here, in front of our house. about 5 o'clock
p. m, on the 18Th inst. We walked up 10 the
corner OF l4th street, at James's. Elliott was
puTuun'S
proposed to- stop until he came up and asked
him if he would roll game of ten pins with us.
He said that he would not He said that he had
been insuted at Mr.. Burch's. | asked him how
1t was. He said that the alley had been taken
away from him. | asked him who bv He said
by Mr.. Hartman and DR.. Humphreys. He ex.
planned how it was. | remarked, that il WAS not
Mr.. BurchS faull--it was his own if it had been
me, would have kept the alley. He said that
he did not wish 10 make blackguard OF himself
| told him | thought il was his right. Kendall
then remarked that it was cuwardce. Kendall
then asked us 10 go and take some soda-water-
The three of us walked in Elliott said he did
not wish anything. Kendall walked M TO the
counter, and took glass with myself | took
my glass and drank 1t down directly Kendall
drank his very slow and was telling Henry Nc
Phersoa what had passed between us when we
We're out of doors. He told Mcpherson that FL
Holt was such damned coward as TO give m his
alley. Elliott stepped up and said he was
damned liar. and was no gentleman. Kendall
said To him 1t was only joke and Elliott re-
marked that he aid not like such Jokes, or Ian
guage to that amount. Some little talk went nm
then. with angry words-mOre so Than before
which do not remem6er--when Kendall told
MCPHERSON that Elliott was damned coward
Elliott was walking towards the door. The
words damned coward, damned liar and no Cen.
tleman, were repeated two three times-tbe
first by Kendall and The two last by Elliott. Ell
lott came towards Kendall Kendall still had
the glass in his hand. Kendall set his GLASS
down, and they came towards each other. verv
close up. | caught hold Of Kendall. Mcpherson
took hold of Elliott. Mcpherson and myself told
them that they should not fight iheIe-ihat thew
must 90 ont of doors if they wanted to fiuht.-
Elliott then walked up to the counter. and laid
saw down on the counter that he had in his hand
about foot long. Ii was about an inch and =
half wide near the, handle, and went down to =
point nearly. did not see him pick the saw IN
He had no saw when he went in As NV back
was towards Elliott, and my face towards Ken.
dali, we all three walked towards the door
Then Elliott leaned against the counter opposite
the door that opens on 18th street Kendall and
myself stood ia the door. Kendall then had SOME
lille conversation with him, the particulars Of
which ! cannot remember, and ren1rked that the
first time that he met him in the street he ,yould
thrash him, or words to that amount. Each oC
them said some few words after that. and Elliott
told him that u he (keudal) would send 10 him.
he would fight him IN gentlemanly manner
Kendall told him that he would take a cowhide
and cut the skin off Of him. Elliott told Ken.
dali the reason that he would take that course
he could not get gentleman TO act with him
/ then stepped up 10 him and told him that |
would act with Kendall in anything. when /
asked him TO recall ihal-thal considered myself
Il geDtpman-hc said that he would not. bnt 70.
fused 10 do IT, J was with Kendall at the lime.
and took IL as personal reflection Some angry
words passed between us, which do not remem
her. struck him with my left hand did moi
strike him very hard. | had large ring on my
little finger at The Time, and must have hit him
with 90 and BACKED his eye. shook my fist in
his face before ! struck him. He said something
about my striking him when he was not prepar-
ed. lie walked mp to a looking glass in case.
looking al his eye, and said he would settle with
me before night. Some little conversation went
ON between the three Of u.s. Kendall and then
walked up TO the ten-plu alley. | mentioned
what had happened to Mr.. Burch's SON. Ken
dali and then walked into the alley where they
were rolling. After had been there a little
while J came ont again into the front room, Mr.