Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-12-01
FIRST DAY.
FRIDAY. Nov. 25. 1859

FRIDAY, Nov. rs, 1859.
Mr.. T. J. SEABURY, the first witness called
by the prosecution. testifes that on the morn
ing OF Friday the 18th inst, he was standing
in the door of his office nearly opposite the
Office of the NeDs. Saw some one whom he did
not then know coming up the street; and saw
Mr.. Hall step out of the Nesos Office with a
gun in his hands, and after crying stop =
stop, sir stop, l say F" fired. Saw Mr..
Poindexter reel and fall. Went across the
street and helped to take him up. Picked up
Mr.. P.'s umbrella. 1t was hoisted and a ps-
toi-a Colts repeater-waS lying in it. 1t
was not cooked but had caps ON the tubes;
from that, supposed it to be loaded. Did rot
hear Mr. p speak Had measured the dis
lance between Messrs. Hall and Poindexter
when the shot was fired; it was 43 feet. Mr.
p. was walking towards Mr. II. when the lat
ter fired. When Mr.. II. cried stop last time
he was raising gun to his shoulder, and fired
as soon as il was leveled. Did not see pis-
toll in Mr. P.;s hand; held bis umbrella droop-
ing in his left hand. Did not see him raise
the umbrella; saw no motion of the umbrella
till Mr.. III. shot, when it fell of the pave
ment. Mr.. p. died in a few moments after he
fell. ----..--
By the Defense.-M Mr.. Poindexter was walk
ing rapidly when ordered TO stop by Mr.. Hall.
Did not See HIM stop till shot. Saw move
ment OF the skirt ofMr. P.'s coat, and thought
II might have been caused by an attempt to
draw pistol. Had never seen Mr.. p. before:
knew nothing personally of bis character for
peaceablness or violence, but had heard that
he was dangerous man.
SIMEON VENABLE.-Saw the shooting in
question. Was walking up Cherry street
coon after breakfast. Mr.. Poindexter passed
MIN near Deaderick street, walking rapidly
In the direction Of the Nea0s office. Was ac-
quainted with Mr.. p. and exchanged saluta-
tons with him as he passed. Did not think
of personal difficulty between Messrs. III.
and p. Mr.. i. continued to walk rapidly up
the street. The first thing that attracted wit
ness attention was some one, whom he did
not recognize, exclaiming .'stopl" Saw q
man standing near the door of the Netrs office
with gun in his hand. Witness Immediate
Iy stepped to the wall. and the gun was fired.
Heard Mr.. Prs name pronounced, and he
thought by the same voice which cried stop.
When the gun fired. Mr.. p. dropped his UNI
brella and pistol, and threw his head forward.
Gould not say positively how Mr. +. held the
umbrella. He did not fall Instantly, but
made several spasmodic efforts, slept to-
wards witness and sank gradually upon his
right side; assisted in carrying him into Mr.
Childress' office where he expired. Could not
say whether MIR. p. was moving or not when
the gun fired. Witness and Mr.. Seabury
measured the distance between the parties
when the shooting rock place-it was 40 feet
Heard but one shot, Did not see Mr.. P's PTS
soi till 1t fell. Did not hear him speak Could
not tell whether Mr.. p. saw Mr. Hall or not
when the gun was discharged
By the Defense Had never heard Mr. Poin.
dexters Character as peaceable or violent
man discussed, only in connection with his
position as an editor. Had heard it said that
he was sensitive, punctillious, brave, and very
ready to fight when he thought his charactel
was involved in any way.
JOHN M. SEABURY.--Is engaged at the
Water-Works. Saw the shooting; was staud
ing on opposite side of street. Saw Mr.. z
Coming up street. When he got near tn,
Netrs Office heard Mr.. Hall cry " stop, sir ,
three times and then fire. Mr.. Il. did not stoI
when called to by Mr.. H., but witness thought
he increased his gate a little. Thinks Mr.. ii
fired in about two seconds after saying stoT
the last time. Mr.. III. had gun levelcd whel
he cried stop first time; said stop very loud
and distinct. Witness saw no pistol in Mr.
P.'s hand-saw none during the affair
Heard no exclamation near the Ntrs Office
but that of Mr.. III. The shooting occurred
between aud O'Clock. Had never seer
Mr.. T. before. Did not hear Mr.. p. speak; b,
moved little faster after the first excana
tion from Mr.. III. Don't know whether Mr.
p. saw Mr.. I'll. or not.
By the Defeps&-Did not see any pistol
Thinks Mr.. p. meDded his gate when ordered
90 stop, but did not stop.
Dr. WR1GHT.--Made an examination Of the
wounds on bodyof deceased half an hour at
ter be was shot, ut the request OF DIR. Wins
ton. There were several wounds on the right
o de OF the chest, and three on tie arm, made
by buckshot OF small bullets. The wound,
indicated that Mr.. p. was standing with hi.
left breast in the direction of the gun. One
shot struck the breasi-bone, penetrating the
heart; the second past the heart without
touching; the third probably hit the lower
end OF the heart. Two shots struck the LETT
side but did not penetrate the skin. The
large bone OF left arm was broken. From
seven to nine shot struck the body. Witness
Was acquainted with Mr.. Il. He was small
man, weighing not much more than one hun-
dred pounds, though could not say positively
as 10 his weight. Had examined MIR. +. as
his physician Mr.. P.'s health was not good
but be had had no hemonhlge since witness
had been attending him. Knew his charac-
ter both personally and from hear-ray; thinks
he was not man 10 provoke a quarrel. bat
ready 10 take one up; regarded him as n
peaceabIe man from what he had heard.
By The Defense.-T Thinks Mr.. L. when in
suited would demand aud pursue satisfaction
regardless of consequence TO himself, aud
was disposed TO judge OF his own course in
such cases Had no conversation with de-
ceased about the difficulty Ia question. Mr.
p. was sensitive and would ieel wrong, but
thinks he would have sacrificed his own Lille
rather than have taken an unfair advantage
of man.
DR. JoHS ID. WiNsToS.--Has known Mr.. Z.
seven or eight years. Was disiantly related
10 him; was a small man, thinks he would
not weigh over 10 or liz pounds. Soon al
ter early breakfast OH the morning of the
18th, while setting ia his Office, heard the re-
port of a gun, and on looking out saw "a
crowd gathered near the Mus Office, and on
enduring was told that Mr.. Hall had killed
Mr.. Poindcxter. Went down to hr. Chill
dress Office, aud found Mr. L. unconscious
and diving, and died in few moments after
witness arrived. Examined the wounds a
did Dr. Wright, and found nine impressions
Of balls in ail--two made by one bail. wit
ness exhibited two balls Ia the Court--one
found In the waddidg of deceascd's vest, The
other picked up from the iloor where deceas-
eds clothes had been lying. The witness
found another ball in The wadding of the
vest while examining IL in the courtroom.
There were six shot holes in breast OF deceas-
eds coat and eight la bis vestJ
Alter the examination of this witness the
Court adjourned till 8 O'Clock Saturday
morning.
- EFf "a 49,