Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-02


hand he had an umbrella in his hand He had
pistol between his umbrella ano hand and was
cooking the pistol. Hall told him to stop again
but ne walked up some six or eight PAGES, and
was in the act OF turning with the pistol lying
on his hand when Mr.. Hall fired. 1 was about
three or four feet from Mr.. Hall on his right
hand between him ard the wall and had one foot on
the doorstep. Poindexter did not stop at all. He
seemed ready to stop to attack as l supposed and
then prepared to step in the door l thought he
would shoot first when the gun went of. BE might
have had the umbrella santing and the pistol lay
ing on his hand He had his pistol at an angle Of
forty-fve degrees from the line between himself
and Hall. He was 10 the act of turning TO front
face bringing his left side slightly towards Hall
lie had his hand at first low, and raised it up and
supposed, cooked the pistol-he was pulling at it,
and had got nearly breast high when Hall fired.
haI., thin, told him TO stop three times in a loud
tone, which could have been heard two or three
hundred yards. stepped off the distance between
tnem IL was about sixteen paces-abOut forty-five
OF SIX 1eeL he fell not far from where he was
standing at the time suppose the interval from
the hfst warning to the shot was about five, six
OF seven seconds Mr.. Poindexter had time be-
tween the words to advance about eight or ten
steps lie Kept advan ing and never stopped I'M
til he was attempting to use his pistol He hes
ltated then just on the eurbing, to turn and
fro. lie had Tne pistol when | saw him after
Hall ordered him TO stop. / did not see him
draw It 1t was drawn when Mr. Hail first
hallooed at him / do not know where he
| got it from. He had it in his hand. From the
! time first saw him 1t was between ten and
( twelve seconds till he was shot saw Poindex-
/ ter very frequently. H. looked several shades
paler than usual. He had an expression of de-
/ termination on his face. His lips looked very blue
met Hall just opposite Pinto's cigar store in Union
Block, coming this way, by himself saw him and
went up to him to speak to him. He walked down
the same side of the street and lost sight of him.
Sometimes he enters his Office through the front-oice
and sometimes through the alley. l don't know how
he entered that morning Mr. Hall had his coat on
think when the shooting occurred He had his hat
off
Cross examination by Mr. Bate.
The gun was mine and was brought there the eve
ming previous, about half past six O'clock The pa
per usually goes TO press between twelve and two
don know when the article was written carried
the gun there from my house on High street. car
red itup High ST. to Church ST. down Church to Cher
ry and down Cherry to the office. 1t after dark
and noon with me. don't know for what exact
" carried the gun there was at the suggestion of
Mr.. Lelyett loaded the gun before supper that
ming in my room on High street got the powder at
| Macy q HamiltOns some week before and the shot
4 there the day before. put sixteen shot in each
fbarrel. They were single o. buck shot. set the
gun down in the front room and knocked at the mid
die door, Lellyett sitting there and told
him the gun was there. | frequently had the
/ gun there before but never loaded with buck
shot. l don't know what became of the gun
that night. The first time | next vent to the
Office was about six o'clock in the morning | did
not see it there Mr. Hall usually occupied back
room the printing Office, up stairs, about forty
wards from the street. There Is but one room be-
tween it and the front office, but it is in separate
building. The best way to get to 1t is through the
| business Office. | was not going at all when met
Mr. Hall, nor was / waiting for him, though |
thought it probable ] would meet him. had not
gone there in consequence of POindexter's calling
and my meeting Hall was accidental. meet Hall
very frequently did not go there for the purpose
of meeting him. As soon as ] saw him advanced
and told him what I have repeated. l went up to
INV room then. | did not get any arms there and
had no arms upon me. l had none the evening pre-
vous | don't know whether Poindexter's APP
proach was communicated TO Hal through me or
some one else 1 don't think the door was closed
In coming down to his Office, Hall usually went
through that room and stopped while to talk and
get his exchange papers. l don't knew where Mr..
Hall was when Poindexter was first coming up the
street. did not Mr.. Barry go back 10 the back
office. | remember he was there some minute or
two after POindeXter went away, and that he
then went down the street. / could not say
positively what his bushes was. 1t not
to see POindexter at all. | suppose he started of
to get arms Barry and Lellyett are all that i re-
member of being in there at the time OF the shoot
ing. stepped out on the doorstep, within about
four feet of Hall and POindeXter in front of me
saw his pistol in his hand and his thumb trying tC
: cock it, | was within range of the pistol
.
and Mr.. Poindexter and did not any one else.
saw Pondexter coming down the street. was upon
the front steps of the AerS Office door. As soon a'
had told them Of it, drew back and stepped IN the
door and Hall then came out Of the door. did not
go into the back room at all did not speak very
loud. | suppose it was loud enough 10 be heard II
/, the back room. There no understanding that
should notify them that POindeXter was coming, OF
that any person should do so. Hall either got il
/, direct or second handed from me. / remarked i
III zion Ofa n
gun was cooked when he ca;le out OF the bael
room. 1t was not cooked when | left It.
had put caps upon It. When l first saw
Mr.. PoindeXter, he was just above Dead
erick street. and he advanced about thirty yards
When first saw him after Hall went out, the
/; pistol was out and was just below his waistcOat
Ii was then laying upon his left hand. | think The
umbrella was either on one side or else entirely
down his side. 1t seems to me it was shut and il
his left hand did not that pistol on the ground
| could not say whether it cooked or not.
saw his thumb en- the cock and him pulling at il.
don't know where he got it from. When | saw hin
ii exposed in sight, and he had 1t IN his hand.
did not see him put his hand behind him at al. lie
/ was in full front when the pistol was presented.
He walked out 10 the curJng, rather turning his
right side 10 Hall He had his pistol up, pointing tC
the wall. The pistol never fired cannot tell how
il came unlocked when il was taken up. / have
not conycrsed with any Of the witnesses since the
trial commenced. DR.. Smith told me, though, some
thing he said about the gun. He did not tell me
what any else said. / don't think 1 have
/ tailed with anV one else. There had been a diff
fculty between John Hall and Poindexter and
there was good deal of talk about 4 meeting
and by some gentleman the use of double barrel
gun was suggested. was spoken To about 1t, about
ell, ven O'Clock. a. NJ. on Thursday and TO load
/ it and bring il down at dinner time Mr. LellYett
afterwards said there was a misunderstanding and
that there was necessity for bringing it down. |
did not know the card was to be in the paper until
abont quarter past nine Thursday night. | don't
know whether MIR. Hall was there after supper l
was nor in the office at all. The second room is the
Editors sarctum, but Mr.. Halls private room is up
stairs.
Direct examination resumed.
| know nothing about this gun having been kept
! in Mr. Halls editorial room | was first asked TO
! bring the gun on account of John Halls difficulty
and was then told need not. Then in the evening
Lcllyett requested me to load the gun and bring ID
| up don't remember that he said what it was tori
did not know what it was for. did not care to be
inquisitive about it. 1t was not explained what it
was for that | recolect. was asked to bring it and
brought it, and that is all know about it. SAID in
nv first examination that | was just in the act Of
stepping back when Hall fired, because thought it
was safer to be ont of the way for thought Pon,
| de Xter might shoot first.
Cross examination by Mr.. Bate.
think | reached out my hand and caught hold of
the notwithstanding, with the intention of stepping
! back | did not tell Mr.. Hall that the gun in
| the office when saw him that morning.
Oscar f. NOel-Direct examination by Gov
| Brown
Twas at the Nelrs office before the fight, about
! O'Clock in the morning. l was coming to my store
/ and passed by the NelcS Office door. Mr.. Darden
and Mr. Barry were standing in the door. | asked
| Mr. Darden if he would not walk on with me. He
said No, not at present" just at that time three
/ gentlemen made their appearance at my side, and
were going in the door. | knew On Y One-Mr. Hay
wood. Another gentleman whom L suppose to be
Mr. Poindexter was in advance of Mr. Haywood,
and also Mr.. Whitthorne. understand. Mr.. Barry
was standing in the door, and Mr.. Darden also. Mr..
Poindexter asked Mr.. Barry if Mr. Hall was in. l
don't remember the precise words Mr.. Barry re-
marked that he thought he was not in, but that he
would step back and see, and did so, and soon re-
turned, and said he not in. Seeing three men
there calling for Mr. Hall, attracted my attention,
and did not proceed home. Mr. Darden staid there
for some time. / believe that the three gen
tlemen stood for sometime silent - perhaps
for five or six minutes, when Mr.. Lellyett
came in l don't know which way he came
He came in at my left and made his way into the
door, As he went in POindexter spoke very quick
ly and asked lis that Mr.. Hall?' Mr.. Barry said,
no. and introduced them POndeXter remarked he
did not know Mr. Hall They stood, l expect, ten
or fifteen minutes. had never heard Of the diff
Guilty before of any unpleasant feelings between
them. Mr.. Whitthorne, by that time, had got back
two or three feet from Poindexter and either spoke
or beckoned to him, and they then went down the