The New York herald., 1845-08-22


my position in the stsre looked then through the front
door fronting the Avenue and saw Kendall and Bailey
that street. the engine-house corner went
work in the store them and did not any until
heard voice and cap explode; was three or four
minutes after saw the across the street then
came to the door saw Mr. Kendall and Mr. Elliott with
stick uprased and both had hold OF it, they were at
the grating of the pavement the store and by the
curb stone; left them standing in that way, and went
back into the store then went back to the door fronting
on lath st, eet and saw Mr. Kendall standing about
feet from the curb Kendall standing below the Hag
gng the cross-way and not than three feet from
Elliott Elliott take pistol and cock it, both seemed
standing still Mr. Elliott took deliberate aim at Kendall
and shot him; as he fell ran out of the door, and
Elliott shoot again at Mr. Kendall after he down,
caught hold of Mr. Kendall and tried to raise him
up, but couldn't; coored out from James
help me, and both raised him up; never spoke
moved after he FELL the jar moved him. jolted him up
he fe he died in James store; breathcd his last gasp
Just as we got him in; did not see cigar in Ellot.s
mouth; did not in Kendall's hand when Elliott
fred he cooked the pistol and waited till it revolved to
the cap Of the next barrel; while picking up Mr. Kendall
heard the pistol 60 of agan looked TO and after
got Kendall in arms, heard the pistol again; then
looked towards Fulers and Mr. Bailey standing in
the gutter he holding his right hand to his lett arm;
then Mr. Elliott turned and into Mr. Fullers hotel;
we engaged in carrying Mr. Kendall into the store,
but he timber that he slipped from our hands, Mr.
Bailey standing in the gutter near the curbstone,
at Fuiler's.
Crosseramined by Gen. JosEs.-D Didn't say Kendall
called Elliott odd coward Bailey lett the store
door before the fight Elliott said he Bailey had struck
him unaw ares would make him suffer for it, did not
Mr. Mcpherson across the Avenue, holding back Mr..
Kendall Gen. Jones severely tested the Witness but
detected discrepancy in his rssatemcnt from his or
Mr. H. H. McPHrRsoS was recalled. He reiterated
very accurately his testimony of yesterday respecting
the conversation Of the young in the store. Mr.
he was ad-dcoward. Mr.. Kendall said leaving the
store that he would whip Elliott the first time he caught
him. Kendall attempted to assail Elliott, but pre-.
vented The disturbance in the ought to have
tacted the attention Of any present for attracted
the notice OF the girls in the kitchen Both gentlemen
Mr. KEspIE, ofFulers hotel recalled The last stone
thrown by Bailey, at Elliott, made ndentaon Of
eighth Of inch the side OF the door, turning up
color OF the wood The stone produced by the wit
ness. Could not speak with certainty the peculiar
construction of the pistol
Mr.. OnsoN BrsroR Attends Taylors bookstore, on
the avenue. MIR. Elliott, Monday afternoon, came
down and asked if had that revolving pistol yet.
il had hscn offered for SIS told him it worth s22;
and he then snapped it and bought it, with all its fixtures
the caps go along with it; he had examined it before
and knew it il good pistol Mr. Elliott rode dow in
hack; he seemed to be in haste; it about the
time the cars star his manner appeared to be calm and
natural
DR.. De BARnY sworn-saw the wounded gentleman
after the affiay and that is all knew off
Mr.. SAMUEL HAYS sworn-Saw Mr. Elliott at James
corner as was sitting in the portico of Fulers hotel
heard noise shortly after, and looking again, Mr..
Elliott retreating towards the hotel with his back to
at that moment heard pistol shot, and fall
Mr. Elliott then appeared to retreat backward rapid
ly within twenty feet OF the pavement he back
ing saw gentleman approaching from the opposite
side OF the avenue and he he stopped
times for he appeared determined 10 close in
with Mr. Elliott despite of his pistol the third attempt
he made to close in, Mir. Elliott shot him Bailey
dedged stopped again for stone and attempted again
close n Elliott having backed nearly TO Mr. Fuler's front
door; then retreatel into the house. the rush
very great and saw nothing of the fight.
OWEN McCARrY sworn-About two minutes tofore il
took place came out from back of Fullers and got
awagon, and then saw at Mr. James, Mr. Kendall with
stick raised at Mr. Elliott and Mr. Elliott stepped back
two or three steps, when Mr.. Kendall threw the stick
and then Mr. Elliott advanced and fired Mr. Elliott
appeared TO be In passion he very rashand-a-
owen gave in his testimony in manner peculiar the
irish nation, and made confusion confounded.
Mr.. EDWIN HARTMAN sworn--l am afraid shall know
nothing ofthe occurrence; met Mr. Kendall and Mr..
BAILEY at the bowling alley played game with Mr.
dali on my side against Mr. Bailey aud another gentle
man; Bailey spoke if sorry for having struck Elliott
IN the store that he mpetuous his feelings and
could not well ontrol himself Mr. Kendall agreed with
Ar Bailey in the particulars of the in the
store at the end OF the game stopped roliing and
Mr.. Kendall and Mr. Bailey left the alley and went oil
was then with the stranger in the last game and Mr.
ashton White, speaking of pla wing another half game
When We were appised of the fight, and that Mir Kendall
ground
General JoNEs-How many more witnesses have you
got?
The CouRT.-Nine ten, sir.
High Constable 4. r. BURR sworn-Stated the circum.
stances OF the arrest.
Mr.. WRIoHT, another constable, sworn Farther sta
TED the circumstances OF the arrest Heard that Mr. FL
lott was at Parkers at o'clock in the evening; stated
tne Steps taken Tor his arrest; from till TO- when
the prisoner was surrendered up the house of Mr. Park
er was under guard Mr. Elliott made attempt to e
cape, that saw
Mr. WM. DOVE sworn. Was near the engine house
apstol shot, &c. No point in the evidence elected
And here We leave the counsel before the court dis
cussng the mode of taking Mr.. Bailey, the wounded
mans testimony The case, after all the evidence, will
be regularly argued, and may yet occupy a couple
days The district attorney, however, is anxious to
close the case Tomorrow.