The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-07-23


preston of Funers countenance at the time he
looked at Schaumberg was menacing. he was
shot the moment he turned his head He had
passed Schaumberg at that tine. 1t was after
dark, the hotel lamps were lighted. was stand
ing close to the platform as could get, and he
on the pavement. think there are but two steps
from the pavement to the platform. do not
think he was more than four feet from Schauin-
berg when he was shot. Fuller nearer the
edge Of the platform than he to the door OF
the hotel. do not think he was more than four
ieet from Schaumberg when he was shot. suppose
the platform is about five or six feet wide. am
confident that Captain Schaumberg was nearly in
front Of the door. noticed the localities at the
time-lmmedately after the occurrence. Fuller
passed up the steps west Of Dr. Spence and between
the two centre pillars on the platform 1.-THE dia-
gram of the portico andsteps the hotel was shown
the witness, and he pointed out the position of
Fuller, Schaumberg, Spence, and hilnyelf1 Full
Ter did not stop when hsturned 10 20 up the steps,
and Dr. Spence were on the pavement, and
was our right, standing on the ,
steps. Fuller passed between Spence and the
pillar. When he got on the platform and turned
round and gave the look, he hesitated or paused
while turning and looked Schaumberg in the eyc
and that same instant he was shot. s.4
may have said that did not consider Fuller's
approach as hostile, or that saw nothing hostile
in his approach until he turned and gave Schaum-
berg the mcnacing look; but never did, to my
say that saw nothing menncing in
his look ON that occasion. had conversation
with MIR. Linton perhaps in half an hourafter the
occurrence; he asked me that question, and de-
clined answering; he said was right. He said
he had heard from several persons that had said
50. said had not answered that question and
would not answer it until was placed the
stand in court. Several persons asked me the
same question. u had conversations with many
persons that night I had conversation with
Mr.. Joseph H. Bradley; / do not recollect having
said to him that saw nothing menacing in the
look which Fuller gave to Schaumberg. Il do not
recollect having said 30 to Mr.. Lenox. l think it
likely may have said to Mr.. Lenox that saw
nothing hostile in the approach of Fuller except
in the look. ~ 433as4. \, -
did not, to my recollection, say in the hear
ing of Mr.. A. S. H. White, that saw nothing
in his look; nor in the presence or hear
ing Of Mr.. John H. Noyes, so far as l can recol-
lect. never, to my recollection, said to them,
ing in Fuller look If understood the questions
put to me, by any of those persons, l never did
say to them that | saw nothing menacing in the
look of Fuller. If gave such an answer, / did
not understand the question to which it was said
in reply Mr.. Linton asked if / had given
such statement to any one, and told him had
declined answering that question until l was put
on the stand. He asked me that same night,
think, but am not certain hs4aH
did not, to my recollection, make such q state
ment to DIR. Miller at Mr.. DE Saules / remem-
her DIR. Miller asking me certain questions that
night in the presence of Mr.. Lenox, for the pur-
pose of ascertaining the course of the wounds and
| may have referred to the position and manner
in which Fuller was looking at Schaumberg ut
the time he was shot. did not initiate the look.
| do not remember telling him it was menacing
look. did not put on menacing look when
showing them Fuler's position when he looked
at Schaumberg. My object was to show DR..
Tn lar's 500 hat ha min
how he stood when he received the ball. do not
remember having said, in the presence of Mr. AS
bury Tucker, that there was nothing menacing in
Fuller's look.
Fuller s right side was exposed, by his turning,
to Schaumberg. The distance between them was
not more than four feet when he was shot, m
Direct OBSERVATION-DISCLOSURES saw Linton do
not recollect telling any one that Fullcr's look
was menacing. have said that | saw nothing
hostile in Fuller until he turned and gave that
look.
Cross Fuller was on his way into
the hotel when he was shot.
Captain Tyler.-I saw Schaumberg on the
evening of the occurrence, in 1851. ! was con-
versing with Schaumberg in reference to that
fracas. Fuller was in front of the hotel at the
time saw him, and commenced his approaches
towards Schaumberg. Mr.. Watson seemed to be
endeavorng to restrain Fuller from doing So. 1t
was after the affair in the hotel. He persisted
and came up towards us, that is, by crossing, &c.,
till he came near the west end Of the steps. /
spoke to Captain Schaumberg, and said that Full
Ter was possibly coming towards him to attack
him. Schaumberg said that if Fuller did attack
him he would shoot him;. that he was armed.
When Fuller got to the end of the porch spoke
to him. He smiled, and we said good day, fine
weather, &C. i said this for the purpose of divert
ing his attention. He then crossed over towards
Shadd's corner, passing on the right of us, and
shortly after returned, passing us on the left
hat fuL Full
Ter might attack him, and that Schaumberg, who
was armed, might shoot him, | proposed to
Schaumberg to take walk, and he assented, and
taking my arm we walked away.
Judged that Fuller desired to attack Schaum-
berg by his manner at the time, and from the fact
of his friends restraining him; and also from the
fact of the previous rencontre. This took place,
as understood, in about an hour after the first
occurrence.
Mr. KEY said that DR.. Spence, an important
witness for the defence, who was not in the city,
they advised by telegraph from the marshal
of Maryland, had been summoned; if the defence
could be allowed to examine him whenever he
came, they would now close their case.
Mr. FENDALL said he could not agree to that.
He would consent to admit that DR.. Spence would
prove the same things stated by Mr.. John Berret,
if the defence would allow the United States to
call witnesses to prove that he did say to several
persons that which in his testimony he said he had
no recollection OF saying.
Mr. BAXTER, for the defence, declined any such
agreement @
The CouRr said it would wait till tomorrow
morning for Doctor Spence. sa
In the mean time the United States recalled
E. III. Fuller, who explained that the draft
given in 1874 by Schaumberg for $400 was sent
down to New Orleans, and was not paid at tho
time it became DUE Subsequently $199 was re-
ceived on it, which was placed to the credit of
and balanced his account. On the
first of January, l845, Schaumberg's present ac-
count commenced, and after portion of it had
accrued, the balance of the draft on New Or
leans--sav x0O1--was collected and placcd to his