The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-21

be could not writ upon him; after eonvsrsing
suit but said he should like hold him to bail till his
brother George came down. then read this letter to
Baird Prodoeips ~ INF Wise read the issss. to the
ten in February last promising when he came down. to
pay all obligation held by witness against his Dur
interest till 2st Of March, lS49 50 or amount $50 III
signed by Elizabeth s. Holland, Burroughs This
given him the purpose collection as Baird told
Burroughs intended to leave the next Saturday,
was unwell; my wife absent child sick, or should
probably have called upon Burroughs myself. [Mr.
Wise here objected to the testimony, Mr. Franklin,
in his statement Of what he intended to prove by this
witness had declared the object of delivering the note
to Baird Bishop to be to hold Burroughs to bail;
witness states 1t for collection Witness d.
reesea to state the object &c Baird took the mote
Franklin to bring suit upon IT. he could then hold him
to bail so that would answer all his purposes without
sion the letter which Baird wished bring suit for
Islander. Examination in chief here closed
JAMES WHEATON being called and sworn, testified as
follows:-I know Mr. Burroughs; | him on the 23d
March last; when saw him first on that day, was in
John n Aliens store Burroughs was coming I'M, from
Of Mr. Aliens store, and had some few words of
versation with Mr. James Payden; he left there and
went up towards MIR. Thomas Reids, of his FARMS
little after he left VIM Payden into the store,
renarking, as he entered: MIR. Burroughs and Mr..
Bishep are going to again this morning." asked
him the question if there any difference between
them; he Observed es, they had quarrel in my shop
yesterdayn then went to the door and saw the two
men meeting; stood there until they met; suppose
they stood some five minutes talking while we were
standing at the door, Mr. Payden said he was afraid
Baird would strike Mr. Burroughs: Mr. Prutt answered
Eyes, he has his hands waving now as he said that,
MIR. Payden walked away irom the doors observed it
was not Mr. Bishop waving his hands, but 1t was Mr..
| Burroughs; then Mr.. Payden back and we all
discovered that it was mistake and that it was Mr..
Burroughs waving his hands and not Mr. Bishop they
stood there little while, and saw Mr. Bishop walk
ing towards Mr. Burroughs and Mr.. Burroughs walking
backward, and, Mr.. Burroughs stopped, the pistol
fired; saw Mr. Bishop fall; started with Mr. Pay
den within, suppose, minute; went to him; when
| got there, DR.. Savage was there; don't recoect
who else but think there three four persons
MIR Bishop lying the ground on his back; he
fell on his right side did net observe hs hands;
sisted in carrying into the house, he drew two three
breaths after when first saw Mr.. Bishop, he
little this side of Thomas Reds gate; do not know
how far apart they were; Burroughs had not crossed
the bridge in the rad kept my eyes upon them until
they met; Mr. Payden said he came into Aliens
store, Bishop and Burroughs going meet again
this morning. went to the door imme lately and
think, the Others who in the store also; Mr. Pay
den said he afraid Bishop would strike Burroughs
during the five minutes they standing they ap-
hands were moving; they moving in the manner
of gesture in common conversations could not say
how long they moving could not see Mr. Bishop
distinctly, Mr. Burroughs being between him and me-
with his back to me- but think his hands were in his
pockets; saw his elbows; they not in the atti-
tude of assault cannot say whether MIR. Bishop
Mr.. Burroughs moved first; when they moved think
Mr. Burroughs went rather bias the road, stepping
backward; the pistol fired, thought could see
Bishop distinctly; thought Bishop sort of turned in
this manncr his left side towards Burroughs seemed
"scringng;" could not say how far Burroughs
treated when the pistol fred could not say whether
Bishop was enough to nfict blow on Mr.. Bur-
roughs with his hand in retreating think Burroughs
stepped back further than Bishop advanced 1 do not
know the position of Bishops hands as he advanced
not violent rush; thought it was a moderate step
Mr. Bishop did not stop until the pistol fired; they
both walking at the time; neither of them
stopped till the pistol fred to the best of my reco