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

OF again assailing Elliott. When witness mrs. ga"
the deceased he standing in the gutter with me
stick appraised. The prisoner had cigar III ms
mouth which he never took out, even up to the tune
when he ran into Fuller's He seemed to be SELL
possessed, as a man would be who was coolly de-
Tending himself Appeared TO be industrious IN the
management of his revolving pistol, and preparing II
for firing. He was not rapidly rctreatlng but going
fence. He was satisfied that he heard an explosion
before Kendall fell, and that it was the second ex-
posion at which he fell. II Elliott changed his po-
sition at ALL he had not advanced.
Mr.. Dent What became of the Gamer who picked
it up after Kendall felR
Answer. Had no knowledge of il at all All he
knew was, that he saw il appraised in the hands OF
the deceased, as if he intended to use IT, Witness
continued, The party who was called Bailey, APP
preached prisoner on the outside Of the carriage
witness was I'M aud, so far as his memory served
him, the first knowledge he had Of the approach OF
that party was seeing stone thrown by him. The
first he saw of Bailey was, he was making towards
the prisoner. They were, as he judged, some is or
20 feet apart. The prisoner had prepared his pis-
toll. Bailey ran close to him, and was in the act OF
picking up a stone when Elliott first fired a; him.
He remarked afterwards that Elliott must have
wounded him more than once; for he thought that
while he was STOPPING, he must have received a
wound in the back Prisoner then fired second
time at him-and il seemed to witness, that, finding
that the pistol did revolve as well as he wished,
sudden thought struck him, and he ran into Full
ler's; and he ran in, stone was thrown at him,
which entered the door almost simultaneously with
him. The prisoner seemed to him to have dis
charged his pistol with much rapidity as he
could put it in condition to fire.
Mr.. Jones. From what you saw of the affair, and
Of the manner Of Bailey's approach, would you not
have considered il highly dangerous for Elliott to
turn his back on him
Answer. ! certainly should have considered it so,
and ohnaIh h.xr x,oaAt ho ii
the most judicious mode of defending myself
Mr.. Hoban. Do you think it would have been
highly dangerous for Elliott to have retreatedi
Answer. don't know that il would have been
so; but think, in his case, should have used the
pistol rather than retreating involving the greater
chance of safety.
MIR. jones' You said that Bailey acted very
vigorously; and that if Elliott had turned his back,
he might have been knocked in the head You
think therefore, that his most prudent course was to
have defended himself with the pistol'
Answer. Decidedly So
was bar-keeper at Fuller's hotel. The first intima
ton he had Of the afray, was from small boy
the son Of Mr.. Owen, who came to the window and
asked him for cane. They boy first asked for Mr.
CLANCY. On witness asking the boy what was the
matter, or what he wanted cane for, he said that
there was going to be fight. The boy then left the
window. On hearing that there was to be fight
witness thought he would go out and see fair play,
and accordingly jumped out through the window on
to the pavement. He then saw Mr.. Kendall and
Mr. Bailey coming ont Of the bowling alley, and
two other young men Immediately after them !;
though whether they belonged to the same party or
not, could not say. Mr.. Kendall and Mr. Bailey
were in front. Witness observed Mr.. Elliott stand
ing on the corner near Jamess store, with cane in
his hand, and cigar in his mouth. Elliott held
the cane in his left hand, and was leaning on it.
Kendall and Bailey passed him, and crossed over to
the opposite corner near the engine-house. One Of
the McPhersons was on the corner talking to Eli
ot but it was for a very short time. This young
man crossed the avenue to where Kendall and Bal
lev were standing. When he got up to them, there
were some words passed between them; and then
Kendall crossed over to the place where Elliott was
standing. Before this, witness observed one of the
McPhersons the thickest Of the two) catch Kendall
by the coat, and hold him back. Witness was TOO
far of to hear what was said but saw Mcpherson
catch hold Of Kendall, and endeavor to hold him
back Kendall broke from him, and MCPHERSON
caught him second time by the coat, when Ken
dali tore himself away from him, and went over to
where Elliott was.
Mr. Jones' Then he seemed to tear himself away
with some violence from McPherson's hold'
Answer. He did. Elliott was then in the same
position he was at frst--leaning on his cane with
cigar in his mouth. When Kendall came to where
Elliott was, he ran up against him twice. Then
followed a little struggles Kendall got hold Of e.
Kendall wrenched the cane out of Elou's hand; ii
was his left hand; and, at the moment Elliott
pulled pistol out Of his pocket the cap exploded,
the pistol not going off.
Mr.. Hoban Did he present the pistol at Ken
DALI
Answer. He did. At the time when the cap ex-
ploded, Kendall had wrenched the cane out Of Ell
iotts hand, and had lifted it up, if to strike him.
Elliott stepped back and got into the street on the
left of the curb-stonc, and nearer to Fuler's.
Mr.. Hoban Where did you then stand'
Answer. was standing on the pavement, near
the tree, and in front of Mr.. Fuller's house.
Witness proceeded. Elliott was in the street,
Kendall following him with the cane upraised in
position of striking
Mr.. Hoban. How far were they apart
Answer. About six or eight feet, at that time.
Kendall continued making towards Elliott, who
kept backing; but when he found him pressing on
him, he stopped backing, and fired; upon which
Kendall fell. They were about four or five feet
apart when Kendall received the fatal shot. At
that time the cane, witness thought, fell from Ken
dall's hand. Witness supposed that, in the im-
petus of falling, the cane few out of Kendall's
hand.
Mr.. Hoban. Did Kendall seem to you as if he
had attempted to throw the cane at ELLIOTT In
what way did he use the Gamer Did il appear TO
you as if he wished to strike with the cane, or to
throw in
Answer. Witness thought he was going to strike
Will t'iC cAiC. A1iu boI nco mn W
throw it.
Mr.. Hoban. When this percussion cap exploded,
was Kendall near enough to striker
Answer. He had Just wrenchcd the cane out Of
Elliott's hand, and, witness thought, near
enough to strike. The next thing witness saw,
Bailey coming across the street towards Elliott;
when he got pretty close to him, he stopped, as if
he was going to pick up something, and then threw
II at Elliott He attempted to stoop the second time,
when Elliott fired at him. Elliott ell the while was
backing towards Fulers corner, and Bailey APP
preaching him. Saw Bailey suddenly clap his
right hand on his left arm, from which witness in
ferred that he had been wounded by the second
shot Elliott was then within about three steps from
the curb -stone Of Fuer's corner, when he fred at
Bailey third time, and the pistol snapped. Bailey
was then close to him, and threw stone at him, as
he rushed into the house. The stone came near
hitting one of the Indians who was seated near the
door, and entered the door almost simultaneously
with Elliott
Mr.. Dent. Did Mr.. Kendall and Mr.. Bailey act
as il they intended to kill Mr.. Elliott or merely to
give him a thrashing'
Answer From, the wav that RaiIev came nj