The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-08-26
CASE OF VIM. r. ELLIOTT.
Auousr 81, ls45,
(ConcludedA
Concluded J

ner of the avenue and 18th street. lie heard thu
report Of pistol, and an exclamation of surpris'
from some gentlemen near led him to turn rounl
in the direction Of the report Had scarcely turned
when he heard second report, and then commenced
running in that direction, he saw number of per
sons running from the southeast corner towards
Mr.. Fulers. He still continued running, and hearl
another shot perhaps, before he reached the demo
cratic pole, Opposite the Union ofice.) There
were three shots, he satisfied; and he was salts
fed there were not more. He was just below the
democratic pole when he heard the second report,
and whilst yet summing, heard the third The reports
were In pretty quick succession, ana witness THINKS
there was greater space OF time between the nrs'
and second reports, than between any others. W.T.
ness ran as fast he could till he came up 10 Dr.
Milers house The first scene that presented Itself
to him, was some unknown gentleman endeavorng
10 put an unknown person, who was wounded, into
Dr. Miller's. He stood, perhaps, mnute--may be
more--wishng to hear what this young gentleman
(Mr. Bailey) said He wished TO 60 on TO Dr.
Borrowss, saying that DIR. Borrows was his rea-
tive, and therefore he wished to 60 there. Witness
Immediately left, and went on to James's shop, and
there saw Mr.. Kendall lying dead. The whole time
could not have been more than three minutes e.
from the time he heard the first shot, TO the time that
he saw Bailey carried into DIR. Miller's.
Thomas DunJrey sworn and examined. Witness
was standing at the corner near Fuller's. Elliott
standing near Dr. James's corner, with his back
Kendall raise his hand towards his EIliot's) bosom
Whether he had taken hold of Elliott or not, wit
ness could not say; but saw him hit him with o
stiol and, as witness thought, piece flew of from
It. de saw him catch the stick. Elliott was rest
ing on il, with his back towards witness, when he
saw Kendall wrest the stick from him. Heard the
cap explode. Was pretty certain he saw something
fly of the end of the stick when Kendall struck Ell
lott with it. As Kendall raised it up witness saw
that il was an iron cane by the suns shining against
it. Thinks if the cap had not burst, Kendall would
have been killed that time, as the parties were so
near each other. Elliott then stepped back, and
fired at the young man coming across the street at
him. He then stepped further back, and, as MIR.
Kendall was running at him, fired at him, and he
fell. Kendall threw the stick at him and struck
him with il just as he fred Witness remembers
perfectly that the stick struck Elliott the left side.
Mr.. Hoban. Did il strike him on the facei
Answer. could not tell. The upper part of the
stick may have struck him in the face, the other
part struck him in the side. Elliott then ran back
further STILL and fired at Bailey twice afterwards,
and witness thought that the last was snap. Then
Elliott ran into Fuller's, and that was the last wit
ness saw Of him. There was stone thrown into
Fuler's door, but witness did not know who threw
Doctor Hall sworn and examined. About four or
FIVE weeks since, witness was called to visit Mr..
Elliott, and found him suffering from violent dys-
enteric affection. Had had it for some days, and
had neglected himself, When witness saw him, be
was in very feeble condition--so much so, as to
require confinement to the house for several days.
After Elliott became relieved from the acute stage of
the disease, witness met him. This was too weeks
ago, and he was still suffering from weakness, in
consequence of looseness of the bowels. Witness
would mention further, in relation to Elliotts phys
cal condition, that two three years ago he frac
tured his arm--both bones having been broken.
Did not know but what that had caused perma-
nent disability Elliott had never been very robust
Witness had been III the habit Of attending him and
his mothers family, since he was boy. Elliott
never was robust at any time.
Mr. Dmnfrey recalled and re-examned.
Mr.. Fcndalli You stated that you saw Elliott
FIRE on gentleman coming across the street. Which
one was i,s-Mr. Kendall es$f.
Answer. The one who was wounded. He had
10 turn from one 10 the other, TO keep them both off,
The foiIoring is lie deposition of Mr.. Josiah Bailey
taken by Justices Goddard and Morsei, ,chich ,cas
referred 10 Ia the Arguments in this case:
DlsrRIcT OF CoLumBlA, County Of Washington, 10
this Doth day Of August, lS45 we, B. X.
Morsel and J. H Goddard justices of the peace in
and for said county, did go to the dwelinghouse Of
Josiah Bailey, in said county; and after said Bailey
King sworn on the Holy Evangely of Almighty
God, he, the said Bailey, did depose and say: Ken
dali and myself met here, in front of our house,
about O'Clock, D. M, on the 18th inst. We walk
h,u was coming across the street from towards
PurdoI y. Iproposed TO stop until he came up; and
asked hun if he would roll game Of ten-pns with
us. He saidth he would not. He said that he
had been nsuited at Mr. Burch's. | asked him
how it was. He said that the alley had been taken
away from him. asked him who by. He said
by Mr. Hartman and DIR Humphreys. He ex-
planned how Ii was ! remarked, that it was not
Mr.. Burch's fault--it was his own; If 1t had been
me, ! would have kept the alley. He said that he
did not wish to make blackguard Of himself |
told him thought il was his right. Kendall then
remarked that il was cowardice. Kendall then ask
ed us to go and lake some soda-water. The three
of MS walked in. Elliott said he did not wish any
thing. Kendall walked up to the counter, and took
a glass with myself. i took my glass and drank il
down directly Kendall drank his very slow, and
was telling Henry Mcpherson what had passed be-
tween us when we were out of doors. He told Nc
Pherson that Elliott was such damned coward as
to give up his alley. Elton stepped up and said he
was a damned liar, and was no gentleman. Kendall
spid to him il only joke; and Elliott remarked
that he did not like such jokes, language to that
amount Some little talk went on then, with angry
words--more so than before, which do not remem-
ber--when Kendall told Mcpherson that Elliott
was damned coward. Elliott was walking to-
wards the door. The words damned coward, damn
ed liar, and no gentleman, were repeated two or
three times--he first by Kendall and the two last
by Elliott. Elliott came towards Kendall. Ken
dali still had the glass in his hand. Kendall set his
glass down. and they came towards each other, very
close up. caught hold of Kendall Mcpherson
took hold of Elliott. Mcpherson and myself told
them that they should not fight there--that they
must GO out of doors if they wanted to fight Ell
lott then walked up TO the counter, and laid a saw
down on the COUNTER that he had in his hand, about
a foot long II was about inch and a half wide
near the handle, and went down to point nearly.
l did not see him pick the saw up. He had no saw
when he went in. As my back was towards e.
liott, and my face towards Kendall, we all three
walked towards the door Then Elliott leaned
against the counter, opposite the door that opens on
l4ih street. Kendall and myself stood in the door
Kendall then had some little conversation with him.
the particulars of which | cannot remember, and re-
marked that the first time that he met him in the
street he would thrash him. or words to that amount
Each Of them said some few words after that, and
Elliott told him that If he (Kendail) would
send to him, he would fight him in a genilemanly
manner Kendall told him that he would take a.
cowhlde and cut the skin of Of him. Elliott
told Kendall the reason that he would take that
course, ne could not get gentleman TO act with
him. then stepped up to him and told him that
would act with Kendall in anything. When