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

Hose together-not over three reel pctWech hein'
| Il was then that Elliott turned and ran.
Justice Morsell. When you FIRST came out and
saw the position of the parties did you suppose al
that time, that Elliott's life was in danger
! Answer No, sir, did not. Did not think ms
life was in danger at any time. saw Bailey throw
stone At him, as he ran into the door.
| Mr.. Fepdall. What sort Of stone was IL
| Answer 1t was good-szed one.
Mr. Fendall. What sort OF stone was III Would
| il not have killed him, had IT struck him.
/ Answer think not
Mr.. Fendall. What was its weight
Answer About two pounds
| MIR. Fendall. Don't you think that stone of two
pounds weight would kill mann
Answer No; for, from the fact Of the party who
threw it running at the time, and the other running
also, he did not think there could have been any
danger of its killing.
| Mr.. Hoban. You do not suppose il would be as
dangerous as a pisto-shot or wound from bayo-
metz
| Answer. No, sir.
Mr.. Hoban. Did you hear any threats from Mr.
Kendall Bailey. towards Elliott preceding this
day.
Answer. No, sir. They were friendly before.
They went into James's together, with their arms
around each others neck. On being cross-exam-
/ ined, witness admitted that this was what Kendall
told him. Kendall told him that Elliott drank a
glass of soda-water at the fountain at his expense.
MIR. James Shackleford examined. l did not see
I
pavement; and | saw young man go across the
street from the engine-house | live few doors
from the City Lunch, and nearly opposite Fuller's
| saw Kendall go across the street; previous to
which, saw scufile at the engine corner, between
several young men, and suppose it was when X.
was endeavoring TO get loose from Mr.. Mcpherson,
Shortly AFTER heard report, which called my at
tention TO the corner which supposed some
thing struck against the tree-box | Immediately
ran across the avenue. Then | saw Kendall below
the hagging, and this gentlemen (EliotD either on
the upper edge of 1t, or upon IT.. Kendall was be-
! low il short distance. | could not tell what the
| first noise was. did not hear any thing between.
II was then crossed and saw them In that position.
| | saw Elliott fire and Kendall fall. did not see
Kendall have any stick in his hand. was then in
the middle of the avenue When saw that, they
did not appear to be more than 5 or feet apart.
Kendall fell on the fag-way, on his breast
| Mr.. Fendall. Did you see any of Bailey's pro-
ceedngs'
| Answer. Yes, sir. While Mr.. Kendall was in
the act of falling, | Bailey running. Ell lott
went up the fag-way, and Bailey went towards
him, running with all the speed he could possibly
use. | saw Elliott retreating towards Fuller's on
the flag. way, and the other (B) trying to get at
him; and he got to the lower part of the gutter,
E. fired upon him. Bailey was about l2 or Is feet
from Elliott to the best ofmy recollection. Bailey
did not appear to have any stone in his hand; but
saw him afterwards pick up stone; and as he
rose, e. fired at him again.
| Mr.. Dent. Did Mr.. Bailey seem merely trying
| to head and catch ELLIOTT
! Answer. That was my impression.
| Mr.. Hoban. Before Elliott fired, was he, in your
| judgment, in any peril
| Answer. did not think So Neither now nor
then did the witness think Elliott in peril of his
| life
Mr.. Justice Goddard. AT the time you saw the
first fire, you said you saw Kendall in the act Of
| falling. Did they seem 10 be coming together and
| did from anVthIup Elliott "a
life to be in danger
| Answer. Saw nothing that would induce him to
think so.
| Question. Do you think Elliott could have re-
treated from Kendall without being killed!
| Answer. think he could.
Mr. Jones. You saw no weapon in Kendas
handi
| Answer. | did not
Mr.. Jones. Were you not running over at the
time, and running with good deal of speeds
| Answer. Yes was.
| Mr.. Jones. You saw Bailey running with good
deal of speed and running before your
| Answer. Yes, he was in advance of me. had a
further distance to run than Bailey had.
! Mr.. Jones. Now, when the first pistol was fired
at Bailey, was it not before you got up'
Answer. had just got to the edge of the gutter,
when it fired.
| Mr.. Jones. As to what passed before you got
| there, it passed while you were running over
| Answer. Yes, sir. Witness went on to say that
he was twenty feet off when the pistol was first
| fired, and was running at the time. He was not
My running, but calling out to arrest Elliott.
| Joseph Wells testified was at work at Mr..
James's Monday evening, between 4 and 5
o'clock, when Bailey, Kendall and Elliott came in
| together thought, with their arms around each
others shoulders. Kendall asked Bailey and Elliott
| if they would not take some soda-water. Elliott
said he would not take any. He, however, walked
down towards the fountain, and thought he was
going to take glass. l heard Elliott say some
thing; but did not know what it was. 1 heard
Kendall tell Elliott that he was a coward Elliott
then called him id liar, three or four times.
| Kendall told him that he had merely spoken in a
Joke, and if he had taken it in earnest, he OK J
could whip him. Elliott, | think, walked away
| from the soda fountain, and backed up against Mr..
James's counter. Kendall and Bailey then walked
near the front door on 14th street, and Kendall re-
peated to E., that if he had taken what he said as
in earnest if he would walk out into the street. he
would whip the brooches off him. Elliott then
made of the words, that he did not fight in that
way--that he would fight him in a gentlemanly
manner. Kendall did not make any reply to il at
all. Elliott then told him that he did not believe he
could get gentleman to stand by his side Then
Mr.. Bailey stepped up, and said, g" am gentleman,
and will stand by his side" Bailey struck him.
l did not see il, but | heard the crack turned
round when l heard the crack, and saw Elliott
standing against the counter, with his hands down.
Elliott then turned his back towards l4th street, in
| front of where was at work behind the counter.
4 My Ratchet was lying on the counter and Elliott
said, @ If had known that it was lying there, !
would have split his brains open"
| [After cross-examinaton touching the precise
words of Elliott, above quoted the witness changed
the word his to "splt The brains OPEN" and subse-
| quenuy to "spt their brains open''l
Elliott then went back towards the fountain, and
washed his eye with some water. think he called
a yellow man standing ir Mr.. James's store to call
a hack. He then said he was going to Mr.. Tay-
lors store. He got into the hack and went off. He
returned about an hour thereafter. was absent in
the yard when he came back As came into the
back door of Jamess store, saw Elliott standing
up with iron cane in his hand. He was stand
ing at the far end of the counternear Pennsylvania
avenue. | saw him put something in his pocket,
but did not see exactly what it was. 1t was the
right outside pocket of his coat. He then went
out of the door fronting 14th street, and turned up
that street. He had gone about three minutes, and
then came back again. He stopped in the front
door Of 18th street Kendall and Bailey then came
down the street As they passed by, Elliott step
ped out of the door about the time thew got on TO the