The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-08-21

of him because OF his playful humor should say that
he had much less physical strength than boys OF his
ago usually have. Learn that he had fracture OF an
years ago. Bailey an active, spry young
. man | knew Kendall and liked him very much
JoHS Esss called-I at Burdins house when ]
heard the report of the pistol; ran out and saw gen.
STOPPING stone, and Elliott firing at him. L appear
ed to that Bailey wanted to run in under the pistol
and take hold him. think it was fired three times at
Bailey went to assist the man lying the flag
The firing lasted perhaps two three minutes Bailey
picked up and flung at Elliott as he into Full
iers think there four reports altogether Eli.
firing backed firing; kept fred but still
as Bailey approached him, he approached Bailey.
Gen JoSEs-lt appears TO your evidence Mr. Ennis
is good as any body's.
wirsrss-Yes, sir yer honor saw the whole Of it,
GES. JoHS I. MASON called-After some Introductory
observations in which the that he knew
neither ofthe young in the fracas, he saidI
one young man cross the and put his fist in
the lace o. the young man standing by the drug store
and gnashing his teeth as he up excaiming very
bitterly You. ybu! you' He put his fist IN the young
mans face standing at the door and rubbed his hand over
ms lace and grng his teeth in angry mode pushed
up right by him. The young (who was by my
sde) stepped out and fired pistol the young man who
shot retreating backwards neither blows nor words in
the contests tue aggresso followed with his and
when about ten feet from the agsones threw the mis-
sie at the rereating mani him throw the missiles
heard it ring; examining afterwards found gun
barrel Elliott still retreating; it struck him about
the left think; they about twelve feet apart
Immediately young thus lied fred his pistol
and Kendall fell; ! walked up to him Immediately; he
made struggle to rise but did not speak word; Kendall
following mp the other when he threw the cane
at him found Kendall was dead; young man (Bai.
other young man; when he got within yards Elliott
fired at him; Baiieysdodged, picked up stone threw it,
when hliio hred second time which appeared to take
ehecl; fott nred again. as the man approached. and
then ran into Fuers until thesthird fire both kept
vancng round upon each othef lodging the pistol
CAPTAIN NICHOLSON of the marine corps called--The
captain stated that he passing by the of the
night IN his carriage and was arrested by the firing Of
the pistol he stated that it the explosion
at which Kendall fell the deceased in the attitude
OF attack when he shot; Elliot had segar IN has
mouth; Kept smoking AZ during the whole affair." seemed
very much sefpossessed Elliott certainly not the
attacking party, the advancing he had rceaed
After detailing the shots at Bailey, Captain Nicholson
said that in the same situation Elliott he should have
with much force and dexterity. ! called during the
firing take care how you shoot for really considered
saw man more determined for fight than Bailey was
he acted with much determination have seen
General Jones asked witness as TO the necessity for
safety of the prisoner firing at Bailey Wi,ness-l
should say SO should have done myself should
have considered retreat under such circumstances
highly dangerous
EsAlr. KENDIF barkeeper at Fuller's Hotel called A
small boy caeda the window for stick, and said that
there would be fight He didn't get the stick |
thought would see it, as expected it would be nothing
more than fsticuf SO jumped out of the window on
to the pavement 10 see what gong Witness
then detailed how he Elliott at the Drug Store,
two young men, Kendall and Bailey, pass and menace
him how they went over TO the opposite side of
the Avenue with two brothers OF the of Nc
Pnerson; how MCPHERSON tried to hold Kendall back,
who finally broke away and came over and attacks ed
Elliott which led to the dreadful esults speedily
ensued The whole statement OF MIR. Kendie, IA
having provoked him the uttemost by nacing him,
putting their fists into his face the other and
finally, by Kendalfs crossing the Avenue and crowdng
the prisoner showing him. and thus forcing him to fight
Mr. WoopALL called. Come up in buggy during the
fight. Testimony not material.
w. s. M.PHERsoN, ed.-Stated that in James
store Elliott desired him TO go with him across the
nal he declined Elliott said all he wanted keep
Kendall on the supposition being that Elliott going
to fight Bailey my brother called go the
street; went over and joined Mr. Bailey and Mr.. Ken.
Dali my brother ntimated that Bailey he'd struck Ken.
dali without sufficient provocation perhaps when they
both justified itsaid it was perfectly right; Mr. Kendall
said he would go over and whip Elliott anyhow took
hold of Mr. X. to stop him, held him back by his coat
he appeared very much exasperated at Bailey said if
all his arms and he would take brickbat and whip him
Mr. Kendall said be would go over aud take his arms
from took hold OF Mr. Kendall he resisted turned
round and seemed disposed to fight holding him
ne broke loose crossed the sreetwen up to Mr. Elliott
took him by the collar box interposed and
scufe. rereatng with his face to Kendall when the ps-
when Kendall fe before that Kendall pressing
Elliott think he threw the (ron camel stick at Elliott
think it was at the second fire that Kendall fell;
Mr. CHARLES MPHERsoS substantated almost literally
the statement OF his brother up the fall of Kendall be-
yond which, from his confusion Of mind he was unable
fight.
Mr. DuRR Mr.. WIN. TYLER, Mr. SANDS and Mr.. REED
two grocery store keepers who sold the pow
der and the other bird shot No g. to Elliott
terday afternoon and Mr. ALEXANDER, in their tesii
mony and strengthened that OF the proceed
ing witnesses.
Master Isaac OWNS, very intelligent little fellow of
sumo ten Oh lie gave clear
bro statement OF the facts from the ginning to the
end Of the fracas, and if it not late night
should give Master 1saacs testimony, covering the
whole ground and giving clearer view Of the matter,
than that Of any OF the witnesses of the day. He
the boy that sent for the stick for Elliott and he
was determined he should have a chance for he
that it was two men upon one Elliott afterwards
with and in the particulars OF his testimony fol-
lowing Master Isaac further confirmed the statement of
the brothers MPherson filling up the chinks OF the
story with many little things that did escape his
tice in the very heat of the melee.
Five more witnesses to be examined.
1t was agreed between the counsel both sides that
one OF each attend upon Bailey and take his testimony.
And the Court adjourned till to at IL O'Clock
And If it were not far past L. night we should
have given you fuller report.
We do not doubt from the testimony that Elliott will
be bailed to to the charge of homicide
cember term of the Criminal Court-il indeed he be
dismissed scot free We shall have to bring up gene
raj news tomorrow.