The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-23
CASE OF VIM. R. ELLIOTT.
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HENRY H. IMePhoson re-examined;
Mr. Hoban. When Elliott came into the store
the second time, did he make any inquiry as to
where Bailey and Kendall bad gone
Answer. did not hear him. He made no such
r.Jones. wish you to state again, whether,
when Kendall called Elliott coward, and Elliott
said he was id liar, Kendall spoke in a serious
manner, or in joker
Answer. Kendall called him coward, and Ei.
loot said he was did liar; and then Kendall called
him id coward, and repeated 1t two or three
times, in an angry manner
Mr.. Jones. | wish you to say whether you are
not certain that when Kendall and Bailey were lenv'
ing the door, the last words they SAID were, they
would whip Elliott the first place they caught nlma
Answer. Kendall said that he would whip Elliott
the first place he caught him at.
Mr.. Jones. When was it that he said he had
called Elliott coward in joke?
Answer. That was before they left the store.
Mr. Jones. Did he mean that he had then called
him coward in joke?
Answer. understood that what he said about
Joke related something that occurred before they
came in the store.
Mr. Hobar,. Did it refer to his having called
him coward before they came into the store'
Answer. So understood.
Question. When was the remark that he had
called him coward in joke, nader
Answer. This talk about the joke was before
the quarrel in the store commenced.
Mr. Jones. ask you whether you are not dis
tinct and positive in your recollection that, after
they had passed these hard words Kendall did not
fly at Elliott and was only prevented from attacking
him by the efforts of yourself and others'
Answer. Yes.
MIR. Jones. Was not the atinck so violent, and
of such nature, to attract the attention OF every
body in the room
Answer. Yes. 1t even attracted the attention of
q
Mr.. Jones. Was Kendas manner loud and
Answer. II was BOTH
Mr.. Hoban. Did you hear any threat from Elliott
Answer. ] heard none; but after Bailey had
gone he said that if he had known that the Ratchet
was there when Bailey struck him, he would have
picked II up and cut him down. He said that, after
Bailey had gone out of the door; and spoke that in
reference to Bailey alone.
Mr.. Hoban. Did you hear any other threat or
unkind expression from Elliott
Answer. did not went to the pump to get
him some water after Bailey and Kendall went out.
Saw Elliott 60 out after his eye was washed. After
he back, he went to the back part of the store
and got the cane. The ramrod was loose, and he
tried to fix it I'M but being able to do it, he took
it out. THE cane was a gun-barrel.l About mo-
ment after getting the cane, he went and stood IN
the 18th street door about or minutes. Witness
did not see Kendall and Bailey pass by, for he was
making up prescription at the time Did not see
Eliiott Dtouulng at the corner THINKS the wall nlu
him from him. The first time he saw Bailey was
after the firing commenced.
Christian Kendig recalled and Mr.. Jones asked
him if he had examined the front door of Fuler's
since the affray, and what sort Of impression was
made on it by the last stone thrown by Bailey at
Elliott.
Answer. The dent was about the eighth Of an
inch, and the woodwork was turned up.
Mr.. Hoban. Did you see the pistol
Answer did. II was one Of Colts revolving
pistols, that principle. IL has to be cooked,
for il cocks itself by pulling the trigger. Witness
only saw the pistol IN Eliion's hands, but knew
enough Of il TO say that il revolving pistol that
did not requiring cooking.
Orsoa Besior sworn and examined. Witness said
that Elliott came into Taylor's store, where he is
clerk, on the day the afiray took place, and pur-
chased pistol. Elliott came in hack. 1t was
about the time of the cars starting. Elliott on COM
ing in the store, asked if they had that revolving
pistol yet and, on its being shown to him, purchased
it, No conversation took place, except about the
pistol. He asked the price Of it, which was S22
with the case.
Mr.. Hoban Had it materials for moulding bull
lets!
Answer. Yes, il had moulds and the other FIX
lures belonging to such pistols.
, Mr.. Hoban. What else did he ask?
Answer He then said that it had been offered to
him for S18. Witness told him the price was S22.
Elliott said nothing about his intention of using it.
Mr.. Hoban. Did he examine il,
Answer Yes, he looked at it, and exploded cap
on j. Witness, on being requested to do so, de-
scrIbed the pistol the manner of loading and using IL
and said Il 1t il was revolving pistol which required
no cooking He had seen Elliott examine the pis-
hefore--spine three or four months ago, or in the
summer, he did not recollect which. As to prison.
eris manner, he seemed TO be in haste at the time.
Witness noticed nothing else of his manner Ex-
cept that he was in haste, his manner was calm and
natural
Doctor DE Barry was here called and sworn; but
knowing nothing Of the circumstances ofthe case, he
was discharged.
Lieutenant .Eunn Of the United States navy, was
then sworn, and testified as follows: | saw Elliott
at the corner, (James's) previous to the ARRAY,
standing by the lamp-post. was standing at Mr..
Fuller's hotel at the time. j heard noise
soon after, in that direction. looked in that
direction. / saw Elliot; reireating towards Full
crs hotel, with his back towards me, as was
looking, AT that moment, heard the report Of a
pistol, and saw person fall. After this, Elliott
appeared TO retreat more rapidly, after firing, to-
wards Mr.. Fuer's hotel. Before he reached Full
lers pavement--probably some twenty feet off
saw Il gentleman crossing diagonally from the en-
gine. house towards Elliott. As he approached
Eiliutt-within some twenty feet, should think-he
stopped for the purpose of picking up stone, or
for nrming himself in some way. His object was,
taought, to close in upon Elliott, in spite Of his
pistol. The third attempt made to close, Elliott
shot at hm-that is, he discharged the pistol. do
not know that he shot at him. Bailey stopped
again to pick up stone, thought and Elliott re-
treated nearly far Fulers front door from the
pavement. He got on the pavement as went in,
or was forced in with the crowd. saw neither
after this
In response to Justice Goddard, the witness said.
did not see Bailey throw stone after he re-
treated; for was then in the house.
In response TO Mr.. Dent, the witness said: saw
but one fire before ! got into Fuller's. do not
think he was shot before went in from the vigor
with which he pursued the fight. | saw Kendall
fall. did not see anything in his hand when he
fell. could not see, because too far off.
Fiat ia all know about the matter
MIR. Jones. Were any persons between you and
them on the fret FIRE:
Answer. There were some hackmen standing
at FuIIcr's Conveniently, as saw.
Oscsn Mccarthy sworn and examined Witness
was coming from the back of Fuller's in a Wagon
towards James's corner, and the first thing he saw