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

under his coat tail. Kendall was them he supposed,
two or three yards of from the curb-stone near
James's store.
MIR. Dent here asked witness to describe the coat;
and
Witness went on to say, that it was a light sack
coat, with pockets on the outside. Did not know
whether the pockets were large or not Elliott
pulled the pistol out Of the right-hand coat-pocket
He then saw Kendall come up to Elliott, and give
him shove--upon which, Elliott stepped back; and
then Kendall went up to him again--upon which,
Elliott dropped back his right foot, and, as wit
ness thought, fired pistol at him. II did not APP
pear to the witness if the pistol snapped or burst
cap, as some Of the other witnesses had stated.
The pistol was fired off just on the pavement, near
the iron grating in the gutter. Could not say wheth-
corner. Witness called out TO Kendall, as he APP
preached, take care, he has pistol" This was
about the time that Kendall showed against Elliott
Witness thinks Kendall showed Elliott second
time, but would not be certain.
Mr.. Hoban. What next tY
Answer. Ii was not worth while for witness to
say any more; for to tell the TRUTH he was so scared
when he heard the explosion, that he could not tell
what followed. All he knew was, that he ran be-
hind hack, to take of himself The pistol was
fred off so rapidly, that he found it high time to get
out of harms way He did not see Kendall fall
but saw him after he fell, looking up towards FL
lott, with his hands stretched out.
Mr. Fendall. Did you hear him say anything to
Elliott as he approached
Answer. | heard him say something, but could
not understand what it was.
Mr. Jones, How far from the parties we're your
Answer. About thirty feet. The sides Of the
parties were presented to him. He could see be-
tween the two; but did not look much, because he
was too much scared. Upon being cross-examined
witness said that he would not say whether he
could see between the two or not. The backs Of
the parties were not towards witness till his back
wae fow ards ham hu A first he ran To-
wards Elliott, TO get hold of him; but was so much
scared that he Immediately ran back, and got behind
hack, and there he stood. Did not attempt to go
towards Elliott till Kendall fell. Did not see any
blaze or smoke at the first fire.
Cross-examined by Mr.. Jones. As he was run
ming, he looked behind, and saw Kendall running.
Mr. Jones. You did not hear but one report
Answer. Oh, yes; heard several.
Mr.. Jones. You FIRST Of all said that you thought
it was the report of pistol and not the mere ex-
plosion Of cap, that you heard the first time You
disagreed with those who spoke yesterday.
Answer. No. sir; did not disagree with them.
Mr.. Jones. Well, we are not disputing about
words. You said you thought the FIRST noise you
heard the explosion of pistol, and not the
mere explosion of cap Now, when you heard
this noise, ask you how the parties stood as pre-
Answer. They were presented to me side
ways.
Mr.. Jones. And you were looking at them'
Answer. | thought was looking at them.
Mr.. Jones. Then ask you, If you saw any
smoke or blazer
Answer. No; did not.
Mr.. Jones, Did you hear any report before you
RAM
Answer. | told you heard the pistol fire.
Mr.. Justice Goddard here read the witnesses tes-
tmony over TO him.
brought Kendall down, he ran behind a hack; and
after Kendall fell he came from behind the hack and
endeavored to get hold of Elliott.
Mr.. Jones. What want to know is, whether,
before you reached the hack, you heard more than
one explosion When you heard this noise, which
behind the hacki
Answer. As soon as heard the pistol go of,
ran behind hack.
Mr.. Jones. After you saw Kendall down,
not the other firing you heard at Bailey
Answer. am not certain whether II was Kendall,
Bailey, or anybody else.
Mr.. Jones' | want to know when you ran tow
ards him, and was scared back again, whether the
firing you heard was at Kendall, or Bailey?
Answer He away from Kendall, who was
lying on his stomach, with his head up.
Mr.. Jones. Did you not anything like strug-
gle between them before the fire.
Answer. Only struggle Did not see any at
tempt to wrest tho cane out of Elliott's hand; did
not see any cane in Kendall's hand.
Mr.. Fendall. Do you recollect on any occasion
saying 10 anybody tnat you saw ElllOtt snOot al
Kendall when he was DOWN
Answer. Did not recollect that he ever did.
Mr.. FendalI. Did you not say that you saw
Elliott shooting at Kendall when he was on the
ground
Answer. ! do not recollect that I ever did.
may have said it, but was much scared, that
do not rccollect what said.
Mr. Merritt testified that he sitting in his store,
on Pennsylvania avenue, opposite Fuller's, when his
attention was attracted by a noise, which he pre-
sumcd was the explosion Of the pistol cap The
moment | raised my eyes, | saw Kendall with
stick in his hand. have no doubt it was K did
not think il was the report OF pistol, but presume
it was the explosion of the cap. The parties were
the first objects which attracted my attention. He
(KendalD was standing at the time on or near the
curb-stone, on Jamess corner, close to the lamp
post, with stick raised, and Elliott was in the
street short distance above him, with his face tow
ards him, (K.) and retreating backwards from him.
Kendall advanced upon E. with the stick still raised,
and, when in the act of throwing it, he fell. They
were nearly in contact when first them, but
should suppose that it was made greater by the time
Of the shot--at which time suppose they were
or 8 feet apart. My attention was drawn to Ken
dali at the time he fell SO suddenly.
Being cross examined, witness said; Kendall,
thought was about to throw the stick as he fell.
Elliott was, think, too far off to be struck without
the stick being thrown at him. Kendall was hold
ing the stick up in position as i he was endeavor-
part of the United States, the witness repeated that
Elliott was too far to be struck with the stick; but
Kendall was still advancing upon him.
Mr.. Hoban. Did he fall with the stick in his
handi
Answer. think not. think that just at the
explosion, it was out of his hand saw it raised,
as if in the act Of throwing, and then fell.
Mr.. Jones. Was the fire very instantaneous
Answer. Yes; and it appeared to me that it
went from his hand as he fell. The throwing of
the stick and the firing were almost simultaneous.
Mr.. Dent Did you see crowd around at the
timer
Answer. did not.
MIR. Hoban, district attorney. How far were you
from the parties at the time Of the second noise
shot
Answer. ! was next to the City Lunch, about
$50 or It's feet, on diagonal line drawn from
James's corner. He (K) fell on the tagging leading
from Jamess to Fuler's corner.
Mr.. Hoban. Could you judge safely at that dis
tance to say that the deceased meant to throw
the Gamer
Answer. No. But i was the impression on my
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