The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-20

Elliott made no answer His manner was serious
and reserved. In moment or so, two gentlemen
passed down l4th street--Mr. Kendall and Mr.. Bar
ley; and as they got Elliott, bailey being on
the right-hand side, and the witness and Elliott near
the wall, Bailey crossed over, and made some re-
mark to Elliott in under tone, which witness un-
derstood to be tive ready 10 settle the diff
Guilty" Mr.. Z. made no reply. Witness would
here state, that, at this time he had not recognised
either Of the gentlemen; but afterwards, in the
course OF the evening, knew them to be Kendall and
Bailey. When they had passed the curb-stone, and
perhaps had gone twenty yards from him, Elliott
then said, "You have got your crony, or compan-
ION, with YOU" II he allowed to give his inter-
probation ofthe matter, witness would say that these
gentlemen dared Elliott to 60 out into the street
and have hight and the remark just stated was in
reply TO them. AT tho same time Elliott put his
hand into his pocket in such way as to induce
him to believe he had pistol there. Alter few
moments he left E., and went as far the Pres
dents wall, when he was stopped by gentleman,
who entered into conversation with him. In very
short time afler--perhaps about five minutes-he
heard the report of pistol. Witness Immediately
turned round and, recollectng that his little children
were playing on the pavement when he left home,
he returned. When he got there, he was told that
Mr.. Kendall was wounded, and had been taken into
MIR. James's store. Went in there, and found him
dead. He was then told that person, who was
wounded, had been taken into his Office. Went
there, and found Mr. Bailey, who had been severely
wounded in the left arm.
Mr.. Hoban. You may as well state here the ma
ture Of the wound which caused the death Of Ken
dali, and the nature Of the wound received by
Bailey.
Answer. Mr.. Kendall evidently died from a NOR
tai wound in the right side Of the chest; did not
think it necessary to make minute examination of
il. The wound received by Bailey was in the left
elbow, endsngering the stifenng Of the limb, if not
the loss oft. The witness went on to say that,
prior to all this, he saw Mr.. Kendall and the person
whom he had since discovered to be Bailey, playing
in the ten-pin alley; and General Mason remarked
to him, what an active and skful player Mr.. Ken
dali was In answer to a question by Mr.. Fendall,
witness said he never knew Elliott to be in any diff
fculty before. He had always found him to be of
a peaceable, social disposition; and he had always
liked him much for his kind and playful manners;
knew him well, both before and since his return
from the West; and, living near him, was in the
habit Of seeing him almost every day. As to his
physical capacity, thought he was pretty much as
youths of his age generally are; heard of any
physical inability, except the fracture of his arm
TWO three years since, though he understood from
DIR. Hall that he had been laboring under some in
disposition. Kendall was an active and vigorous
young man. He would also state that he knew
Kendall WELL and liked him much; did not know
Bailey till called to dress his wound though he then
recollected that he had known him when he was
boy. Bailey was an active, vigorous young man,
presenting more physical power than either of the
other two.
Mr.. John Ennis examined Was in Purdy's City
Lunch yesterday evening, when he heard the report
Of pistol. Immediately ran out, and saw Kendall
fall Bailey was approaching Elliott, and appeared
to be stopping for stones-Elott firing at him.
Elliott was retresting backwards while firing, while
Bailey was dodgGg, and still making up towards
him. Il seemed as if he wanted to run in upon
him, and seize hold Of him. Elliott fired at Bailey
three times
Justice Morsel How was il possible that all this
and firing should be going for
50 long time, and nobody attempted to arrest
them'
Answer. A man had been shot down, and wit
ness went TO assist him.
Question. How long did It LAST
Answer. About three minutes.
Question. After the last shot was fred, what was
ionci
Answer. Elliott ran into Fulcrs, and Bailey
picked up stone and threw at him as he entered
The door.
Mr.. Hoban. Did Elliott back any, before iringi
Answer. He was not able to say. He was little
excited himself Elliott never retreated ill he was
done firing.
Mr.. Jones. But you said, just now, that he was
backing while he was firing.
Answer. Yes, sir; he was backing slowly
Mr.. Justice Goddard. Was he backing towards
Fuller's, or turning roundi
Answer. Every time he fired, he backed towards
Fuller's.
Mr.. Justice Morsell. Afler he fred, did he ad-
vance at all'
Answer. When Bailey was approaching him, he
would approach Bailey; but, after firing, he would
retreat.
General John T. Mason examined. Witness lefi
Gaabruns hotel Ia little above Fuller's yesterday
evening al o'clock precisely. He remembered
this particularly, because, having to meet an en-
gagement, he had referred to his watch at the mo-
ment of leaving Galabrun's. Witness stopped at
Iamess corner, about six feet from the flag
leading to Fuller's. When he stopped there, his
observation not attracted to any body near him
He first observed young man crossing the street,
and then, turning round, he saw another young
man (whom he since understood to be Elliott)
standing by his side. The young man that crossed
The street put his fist in the others face and, pass
ing his hand across his face and gritting his teeth,
said, you, you" and pushed right up against him.
He never saw these young men before, nor since,
ill he saw Mr. E. in court to-day.
Mr.. Fendall. Did you notice if either Of them had
a white hat oDl
Answer. He did not.
Mr.. Jones. There will be no doubt which was
the young man as the witness goes on.
Witness proceeded. The young man who WINS
standing BY my side, and who was there when the
other crossed the street. upon this stepped back and
fired pistol; but il was SO near him, and the thing
was so sudden, that the witness did not know but
hat he himself had received some injury. The
young man who had crossed the street then stepped
back, and got into the gutter below the curbstone.
At this place the gutter is very wide, with consid
srable descent. The young man who fired the piss
ol Immediately ran; the other followed him with a
cane, pressing upon him. and at about ten feet from
The fag-sone threw the cane at him and struck him.
The young man who had been assaulted ran about
len yards from the point where the assault COM
menced, when the other threw the iron cane at him
md struck him. witness thought, on the left side Of
he neck, near the ear. This after the first fire,
which had no effect. As the cane was thrown, the
Dne who had the pistol turned round and fired
md time, and Immediately the other fell, made one
effort to rise, and then dead. The one
who was shot was running after the other at the
time he threw the cane at him. The attention of
witness was next turned to another young man who
was running towards the one who fired the pistol,
from the opposite side of the avenue. When wit
ness first saw him, he had got about onethrd Of the
distance across the street The one who he has
since understood is Elliott was about twenty steps
above the fagston on 18th street; the one who he
has since understood was Bailey, ran on, and when
he had got within good shooting distance, Elliott
fired at him and missed him. Bailey dodeed and