The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-07-22

u James G. Bcrret.--I was summoned by the Uni
ted States. l had frequent conversations with
Schaumberg and with Fuller respecting the set
Element their accounts. 3 iIsNaef s M
Mr.. FENDAAL objected to any testimony of any
thing said by Schaumberg, unless it was part Of a
conversation concerning which the United States
had offered testimony.
i Mr.. RAxrER contended for the admissibility CT
the testimony.
Il The CouRr ruled it out
i Meesrs. LEE, KEY, and BAXTER, argued the
admissbility of the testimony. .{e ,sl
I The CoURr repeated its decision; to which the
defence excepted Het
James G. Be,ret-I was not present at the shoot-
ing, nor at any hostile proceedings between the
parties.
Gilbert C. R,sseH.--In the evening, previous to
the shooting, was at the United States Hotel-it
was the same day of the shooting about sun
down. | saw Fuller standing near there; after
a while he moved up the avenue westwardly, and
soon after went up that way also. While go
! ing up there was met by some and remained
q few minutes in conversation, and lost sight of
Fuller. went up to the National and saw
Scha umberg sitting on one of the benches there.
l told him l had seen Fuller u few moments be-
fore down at the United States Hotel, and he had
better look out i had seen the handful and the
letter which Fuller had sent with it to Schaum-
berg. 1t was not perhaps more than thirty min
utes before the shooting. 1 told Schaumberg that
had seen Fuller at the United States Hotel, and
|
or about the building, and he had better look out
for him. There was nothing unusual in Fuller's
manner; he appeared vexed. / saw Fuller the
day of the rencontre in 1851, and from Fuller's
conduct towards Schaumberg, his publishing him,
&c., thought it would do him no harm to tell
Schaumberg that Fuller was about. Schaum-
bergs manner was calm. i did not tell him that
Fuller would attack him. Schaumberg s manner
was tame. went into the hotel and to the bar,
where / got glass of water, and when | came
ILL., - H..
Cues What did Schaumberg say to you'
Mr.. FENDALL objected, and the question was
ruled out. a5t h43y
| i do not think had any conversation with
Henry Taylor when went into the bar-room that
| time.
CUES. Did you have any conversation with
Mr. FENDALL objected If the object was to
contradict Taylor, foundation had been laid.
| MIR. KEY said he had asked Taylor if he had
had any conversation with Schaumberg.
Mr. FENDALI.. And what was his answer
MIR. KEY. He did not recolect.
The CoURT said the circuit court had decided
over and over again that witness who said he
did not recollect whether he had or had not said
30 and SO, could not be contradcted by calling
witness to prove he had said SO.
Mr.. KEY commended that he had asked Taylor
the question in another form, and pending the
question of fact -
The court adjourned.
The following letter was omitted in the evil
dence of Wednesday S proceedings:
~. w Schaun,bcrg to e. III. Fuller, tvriten qtler
Fuller had addressed note to Mrs. Schaumbe,g
s'To EDWARD H. FUIEER-Sir: Mrs Schaum-
berg has placed in my hands your letter. l have
first to say, it is very mpertinent in you to adj
dress yourself to any lady; in the second place,
you could have been certain whether was here
or not by inquiring at the Adjutant Generals Of
flee. In the third place, you could have no reason
to suppose Mrs. Schaumberg, upon your simple
statement, could pay. you any thing on my ac-
truth | am not certain that | owe to you any
thing. have paid large amount from time to
time. What credits have received know not;
but before | admit any Indebtedness on my side,
all your books, from 1887, should be examined, to
see what credits and debts stand, not between
yo,s and myself, but between the firm of A. Fuller
& Co.. and if it appears from the books and 4.
Chaney's testimony that l owe any thing, it
would be but justice to give notice to some OF the
poor people to whom much is due as creditors.
| Besides, you have right to NEEDLE with the
unsettled accounts of A. Fuller g. Co., much less
| to collect cent, unless you have been duly auA
thorzed to do 30 by the creditors, and this doubt.
81 had determined, Notwithstanding your
worthiness want of energy, and thriftlessness, to
help you along so soon as had arranged matters
to enable me to do SO; not on your account would
have done so, but for the benefit of your excel
lent wife. You say that you have to support a
large family. If this were true, you would be
worthy of high respect. Prove this to ma satstac-
tioa, and shall make all things right ,cith you''
Letter from FWller to Schaumberg, dated June H.,
1851 ,rhich ,cas returned on, the morning Of the
day ofthe fight at the hotel, June Is, 1851.
'WAsHrNcroN CRY, June Ia, 1851.
"Mr. ScHAUMB MIR. Linton having
informed me of the nature of your note to him in
relation to your Indebtedness to A. F. & Co., beg
leave to address you upon the subject. That
have the legal right to do so is beyond question,
and believe that Mr.. Linton has made you ac-
quainted with that fact
"Upon what grounds you deny the debt / am
at loss to imagine; and will take the occasion
to ask how much you paid me on your account
at the City Hotel, from December IA, 1s45, to
November II, 1916; and from January s, lS48, to
August IL, 1913, at the Irving Hotel will state
$50 and $50 at the City Hotel, $50 and $40 at the
Irving Hotel In oil $50, for eleven and seven
eighteen months board, &c., with exception of
occasional absences.) ~.
's'The character of your letter to me, and of the
subsequent correspondence in September, 1849,
was such to preclude all possibility of further
intercourse until the present time, and as you ara
now in condition to lquidate the indebtedness, |
take occasion to renew the subject, and hope that
peaceable and equitable settlement will be made.
81 think, that upon mature reflection, the Of
fence which unwittingy committed in writing TO
Mrs. S. on the occasion which l did, could con-
scientiously be overlooked by you. | was in act
ual distress at the time, and receiving no answer
to my letters to you, concluded of course that you
were absent.
'ln the true spirit of Cancellation address you
this note, and hope that you will receive and reply
to it in the same light
ssI am, sir yours respectfully,
''EDw. III. FULLER"
TRopIcAL FRUIT.--Y estcrday, the schooner
Central America, Captain Chace, arrived at this