The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-20
THE CASE OF WILLIAM r. ELLIOTT.
MAcIsrRArE's CoURr,
City Hall, Aug. 10, 1915.


issued in behalf of the United States by justice
Morse-the one charging him with killing Will
liam Zebedee Kendall by shooting him with a
pistol and the other, with an assault and battery
upon Josiah Bailey, with an intent to KILL by
shooting him with pistol.
The district attorney, James Hoban, esq, and II;
II. Dent, esq, appeared on the part Of the United
States, and Gen. Walter Jones and p. r. Fendall,
esq, on behalf of the defendant.
The witnesses being called and sworn
Mr. Fendall remarked that the counsel for the ac-
cused had application to make IN his behalf--hat
they went for hsl+otal discharge.
Mr. Jones said he would remark TO the magis-
traies that all the witnesses who knew anything
about the matter, and who had been summoned,
were in attendance and were ready for examination.
From what he had been able TO gather of the nature
ofthe evidence that to be offered, he apprehend-
ed that the magistrates would come to the conclusion
when they heard it, that this was as clear a case Of
necessity for self-defence as made out and
this would be proved, not from conflicting testimo.
ny on the part of the defence, but from the proper
evidence offered on the part of the prosecution.
He then said that he requested the magistrates to
enter into an examination of all the crcumstances
of the case, and then to say whether there is prta
tacie evidence on which of homicide could be
made out. II, contrary to his expectations, the
magistrates should think the evidence such as to
support the charge of homicide it would then be for
them 70 determine how far the was baiable
and what should be the extent Of the bail He
would apprze them, however, that, far as he was
informed of the circumstances of the case, il would
appear to be clearly one of unsuitable homicide
The following witnesses were then called and
sworn:
Henry H. Mcpherson, Christian s. Hendg,
John T. Mason, J. N. Nevitt VIM. s. MCPHERSON,
William A. Goodall, Charles J. Mcpherson, Colo
mel ]. III. Nicholson, William Durr, Joseph Wells,
DIR. Thomas Miller, William Tyler, Mr.. Avery,
James Shackleford, John Ennis, James Caan, w.
Burch, VIM. J. Harris, Mr. Read, Mr.. McClery,
and Elexius Smms.
Mr. Henry Mcpherson, employed in the apothe-
cary store of Mr.. James, the first witness called
the stand. He stated that all three of them (Ken-
dali, Bailey, and the accnsed) came into the store Of
Mr.. James, in company, about o'clock yesterday
afternoon. That they had quarrel whilst there.
Mr.. Kendall, the deceased, called Mr.. Elliott, the
accused, a coward, which was the beginning Of it.
Elliott called him id liar. They got to higher
words--K. calling E. a id coward, and E. re-
pcatng the former oath. Kendall made at Elliott,
or cndeavored to do SO, when we held him back.
They all then went towards the door, and previous
to which Elliot remarked that he would fight him in
gentlemanly manner. Kendall, after the scuffie,
said he would whip him (E.) the first time he
caught him. Elliott repeated that he would fgh,
him in gentlemanly manner, as the deceased went
towards the door; also remarking that he (Ken-
daily could not get any person TO stand for him.
The words were, believe, that he could not get a
gentleman. Bailey then came up to Elliott, and
asked il he meant so. When E. got the words out
again, Bailey up to him and put his fist in his
eye Elliott did not raise his hand to resent it.
Mr.. Jones, the counsel for the accused, remarked
that the magistrates would that his eye was
blackedl They (Kendal and Baey) went out to
the ten-pin alley; Elliott remained back and washed
his eye. Kendall said twice, before leaving the
store, that he would whip him. The ten-pin alley is
back of Mr.. rs store, and is owned by Mr.. Burch
Mr.. X. repeated, he left the store, that he
would whip him (E.) the first time he caught him
Both did not say so. Elliott, in not resening the
blow and threats, said he was in gentemans store,
and did not wish to make disturbance there. The
accused made this remark after Kendall's threat,
and after his eye was blacked, and just as Bailey
was leaving the store. Mr.. Elliott, whose hands
hung at his sides when Kendall approached
hiin, did not attempt TO raise them. The witness
again repeated that B. and X quit the store and
Went up 10 Mr.. Burchs ten-pin alley. Elliott then,
after washing his eye, got in the store,
named Martin, to cali hack. He entered il, and
went of, and came back again into the store in
about two hours thereafter. He returned foot,
j believe, as did not see the hack again had an
iron cane-a gun barrel--in the store. Elliott pick
ed up, and, leaving the store with it, went up 18th
street. He was gone about five minutes, and re.
turned alone, and stood in the door of Mr.. James's
store Mr. Morse came in with prescription.
Elliott went Out while was putting up the prescrip-
ton, and, when thus employed, heard the first re-
port OF pistol. A lady was also in the store al
the time. l Immediately ran round from the coun.
ter, and out TO the door, when ! saw Kendall fall
Bailey was then pursuing Elliott. saw Kendall
fall--more on Jamess side Of the street, about two
and half three yards from the curb, and on the
tagging, or crossing-place, between Fuer's and
James's corners The witness again repeated, in
reply to an interrogatory, that he Kendall fall
and Bailey pursuing Elliott, almost simultaneously.
Bailey seemed to be lodging, yet trying to gel
closer to Elliott-one OBJ appeared to be lodging,
and the other E. TO be turning round. b. was try
Ing to pick up stone, as he approached FL
lott In response TO the district attorney, the
witness said Elliott was then firing the pistol al
Bailey. He fired three times. He believed that b.
had his left arm broken In response to the magis-
trates interrogatory, he said that he saw B. APP
proach Elliott, and, as he was thus acting, he was
grabbing up stones; and, while he was in that atti-
tude, the pistol was presented, and he apparently
lodging il. Bailey turned round, or changed posi-
ton, TO get stone Elliott also turned with his
pistol. Both parties appeared to be advancing. In
response 70 the interrogaory Of Gen. Jones, wheth
err instead of h. advancing, he but turning round
TO face b., as he was getting the stones, and to
keep clear of them,--the witness said that Elliott
advanced some, as Bailey advanced upon nim
In response to the district attorney, he further said
that Elliott fired three times at Bailey, and thai
further than from where he shot the deceased that
the circumference Of all the mannuvring during the
firing Of these shots was between eight and twelve
yards; that he did not notice how close the parties
were when he first saw Bailey. In response to the
inerrogatory OF the justice, he said that he sup
posed the last shot struck Bailey; and that he did
not see Elliott retreat, the last time he fired In re-
Spouse to Gen. Jones, he said that Elliott lived at
MIR. Rivess, on Z street, about one hundred Yards
from the store of Mr. James, the point where the
ARRAY took place; that Kendall lived with his ia
Their, on 18th street, Pennsylvania avenue and
that Bailey lived, he believed, at the residence Of
his uncle, Dr. Borrows, on r street, further, that
Elliott living in the neighborhood was in the habit
of coming TO Mr.. James's store almost every day,
and frequently every day; that Elliott was in very
weakly habit Of body-at any rate, weakly in bod
lily strength; either the deceased or Bailey could
have whipped him easily; that both, being Of more
than common yigor and strength, were much strong
than he. Being cross-cxamined, he said that. AZ.
Ter Kendall and Bailey left the store of Mr.. James,
they went up l4th street to the ten-pin alley. He
did not, however, see them enter the house; but
Borch came down and said that they were there,
while Elliott was in the store. Elliott, having with
him the iron cane, went up as far Ms The alley and
came back almost Immediately. He had been play