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

Bailey struck him unjustifably. l stated this by
way Of introduction, with'the view to compounds,
though did not hear Elliott make the remark
myself Bailey said he was perfectly unsuitable
in striking him. In fact, they both said so--Kenda
justifying Bailey. Kendall then said he would go
over and whip him (E.) any how. endeavored to
dissuade him from ii, remarking that he was armed
took hold of Kendall, held him back by the coat
and stopped him. He appeared very much excited
at the time. Mr. Bailey then observed that if he
(E.) would come over on the mall, he might have
all his arms, il he would but allow him Bailey a
brickbat, and he would then whip him. Kendall
then observed that he would 60 over and take his
arms from him. l said, Don't 60, Kendall, he is
armed you can whip him anyhow. He turned
round upon me very much excited, and was going to
whip me for holding him. He broke loose from
me, and went across the street, and took Elliott by
the collar. They both stepped back, and, in the
scuffie which ensued, they got behind the tree
box and further on the pavement, which pre-
vented me from seeing accurately what occurred
when they were in that position. l could not see
Kendall seize the iron cane when he was IN that
position towards me. Elliott, after the collaring
appeared to be going backwards in the scuflle until
the tree-box interviewed between me and them.
After got sight of them again, Elliott was retreat
ing backwards from Kendall, and towards Fuller's
hotel. The pistol was fired during the retreat, and
K. fell. As he fell, Bailey was near towards him.
Kendall, before said, was pressing Elliott as
he emerged from behind the trec-box. Bailey, hav-
ing left the other side of the street, was pressing
Elliott when Kendall shot Kendall fell, think,
on the second fire. do not know whether the first
one was the explosion Of the cap or not.
In response to Justice Goddard. ! think Kendall
threw the stick at Elliott. While Kendall was press
ing on could not see whether he had the stick but
| think he threwit. As soon as the pistol fred
the second time | think Kendall fell. In Elliott's
conversation with me about going to the canal, did
not hear any threats. All that he said was, "What
want you to do u.s. to keep Kendall off," That was
after the remark Of Bailey to Elliott. After Ken
dali fell Bailey pretty close, pressing Elliott.
In response to Mr.. Hoban, on the part of the
United States. understood from my brother the
previous difficulty between the parties-that Bailey
had struck Elliott.
In response to Justice Goddard. When Bailey
made up to Elliott, believe he had stone in his
hand am not, however, certain about that; but
saw him fling stone at Elliott, and do not know
whether it was before, or after, the accused fred
upon him. | was on the opposite corner Of the
street, and saw that Elliott was going backwards
towards Fuller's hotel, and Bailey was pressing
upon him, and was throwing the stones at him.
Elliott fired then, and, ] think, fired three times;
during all which firing, Bailey was pressing upon
him, and picking up and throwing stones.
TO BE CONTINUED