Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-01


as dangerous man.
Mr. Bate said: We are not prepared to admit that
there is any legal right to ask questions tochar
acter in that manner, but are willing to the
objection want the whole matter examined
Direct examination resumed. / was act acquitted
with Mr.. Poindexter at all. / know nothing OF his
character except from rumors
Crossexamination resumed By rumors mean
what people sud. | have heard great many
say that. l don't know how long he has lived here
understand couple of years.
Direct examination resumed. I don't know
whether the people knew him who said that
dome know that it was his hand, but I saw his coat
move with his arm, Immediately after Mr. Han said
stop, sir" the second time Mr.. Halls gun was
right before him in full view
Simeon Venable. Direct examination by Mr.
Bate. l saw the difficulty which occurred on
Cherry street. which resulted in the death of Mr.
PoindeXter. It was Immediately after had taken
breakfast and had taken breakfast rather late
that morning. had no watch and could not saw
what the hour was l was returning from the Com
mercial Hotel. where had taken breakfast going
up Cherry street the pavement that leads by the
Nelos office. Mr.. POindexter passed me somewhere
about Deaderlck street don't remember the pre-
else point be passed me on the right WALKING Pan
idly. As he PISSED me, he turned his head and
spoke to me, saying Good morning" | returned
his salutaton, saying. Good morning Mr. Poin-
dexter" That is all that passed between "a
The idea Of hostile meeting at that time between
MN anu lI nan ulu not occur 10 me. Shnuld
not have been where | was when the occur
renee took place. Mr.. PCindexter continued having
passed me- TO go before me on the pavement He
was going fast-faster than | was which of course
threw him in advance of me. In coming up the
street remember that casually saw Mr. Poindex-
ter as | might any other gentleman going before
me on the pavement. But at the time the occurrence
took place | was walking thOughtlessy carelessly
at least so far as concerned Mr. Poindexter and MIR
Hall The first thing that attracted my attention
was pretty loud exclamation, "stop!f / am satls-
ned was not looking at any man at the time that
heard that exclamation, and if | was looking at anv
thing, II must have been the pavement. raised NV
head and remember Ooking directly in front of me
saw man about the door of the Ne1rS office |
think standing pretty much in line with me- 1t was
hat which attracted my attention after hearing the
exclamation 'stopl" He had gun in his hands
The moment saw man upon the pavement with
gun, without waiting to recognize him. for
| cannot say of my own knowledge now, who
that man was without hesitating to recognize
him. the first thing | did was to turn instantly
to my left and go to the WALL when l got 10
it, | leaned against it, leaning my left side
against the wall. and then turned my face to
see what was going on Ny eyes were fist
cast upon Mr.. Pondexter At that tim, the
gun fired. But whenI heard the exclamation sstop."
as l was going to the wall Iheard another excIama-
ton; think it was the name of Poindexter BRO
nounced had good deal of difficulty in nv own
mind in regard to that thing. The first impression
PoiLdexter." But on reflection it occurred to me
that the space of time intervening between the excla
nation stop" and the pronunciation of the name
"PoindeXter' was too great for them TO have been
coupled in the same sentence. But those are the
words that recolect, and as think pronounced by
the same voice thatsaid stop" When the gun fired
Mr. POindexter threw his head forward brnpinp his
arms before his breast AT that time his umbrella and
pistol fell. / would not like to undertake 70 saw
much about the umbrella and pistol, except that
saw them. My memory is at fault in regard to the
umbrella mean to how Mr. Poindexter was
carrying it. and | am led to distrust it very much
when l know that | do not recollect how was
carrying my own umbrella. have some indistinct
recollection of Mr.. Poindexters having an umbrella
when he passed me in the street. but the first dis
tnct recollection that have in regard to il was
when saw it fall. | saw the umbrella and pistol
fall at the same time. The umbrella and pistol
falling were mere incidents Of my attention. The
nam object of my attention was the man. In look
ing at the man, | accidentally saw the umbrella and
pistol fall He made the inclination that have men,
tioned-thro wing his head forwar and his arms on
his breast. When the gun was fired he was facing
towards the man that shot-whom will call Mr.
Hall-and do not think that he changed his posi-
ton immedl tely but threw his head forward drop-
ping the umbrella and pistol. After that he made
violent spasmOdic etorts-stepping several times
upon the pavement-he did not fall as [ before
stated. instantly upon the firing of the gum
nor when the pistol and umbrella fell In step
ping upon the pavement and making the spasmodic
efforts that I've mentioned he came towards
me- recOllect distinctly that saw his face-I re-
collect distinctly that l his feet move. He fell
upon the pavement nearer to me than he was stand
ing when he shot. In the efforts that he made
in his movements after he shot, he moved down
the pavement in the direction that | was standing
be did not fall heavily upon the pavement He sank
coming down, as | remember. upon his |
right side. When | him sinking in that wav |
approached him and assisted IN carrying him into |
Mr.. Childress office, when he expired very soon. |
The main movement after the firing of the gnn was
in the direction of myself The first movement was
not in that direction. but mere cOnvuIsion. /
was in position against the wall of Mr.. Ewings Of
fee, as well as | can remember. about the window |
think was perhaps standing upon the cellar door |
Mr. Pondexter was before me, standing to my right |
as nearly as can estimate, for 1t is matter
Of opinion. at an angle of As degrees He was upon
he outside of the payementnea the curb-stOne The
distance the width of the pavement with the addI-
iOr Of the angle The width of the pavementis about
light or ten feet. think-it is matter of opinion Nv
yes rested upon Mr.. POindexter but for an mstant,
when turned my face. He passed me as well as III
emember about Deaderick street. The distanceN
rom Deaderick street TO the place where he wasp
landing when shot is about twenty steps. II
on't know whether l am correct or not. That
5 the place where he babe good morning
md passed by. The distance from where Mr. Pom
exter fell, to the point where Mr. Hall stood with j
he gun, as Mr.. Seabury and measured it. was for
y-three feet We went TO the pavement, and meas
lred from the points that we supposed they Occu. |
lied at that time. When he passed me, he turned
MS face to his left far enough for to see him and
ecOgnise him. My acquaintance with Mr. Poindex-
er was very slight and barely recognized him as
lie passed. | cannot say what he was looking at. |
lid not see his face except when he passed me. The
ltuatiOn of the ground is uphill. / could not I'M
ertake TO say the angle. | don't know the differ
nee in the altitude of the pavement where Mr. Hall
TODD and where Mr.. POndexter stood The as.
& HI
hing that attracted my attention the exclama-
ION STOP ! raised my eyes and saw the gun. and
urned to the lefttO go to the wall. As | was gong
o the wall, heard the name Pondexter pronoLr-
ed by the same voice, as | thought There were
wO sounds that heard. As | said before, think
here was too much space between the two express
ions to have been in the same sentence. They came
rom the same position. The gun he seemed to have
eld in his hands What the precise range of the
he gun was | cannot say, nor the kind of a gun
card but one explosion. | did not see Mr.. Poindex-
er's pistol until 1t fell-that and the umbrella fell
/ cannot tell the position of his
light hand. to the left of Mr.. Pondexter, and
ehind him. He being in advance of me and to my
light of course his body between me and his | t
light arm. l cannot state whether the right arm
ras extended or not [ did not see it. When heard |
he exclamation, 'Stop," Mr. Hall was in line with ]
le and Mr.. PoindeXter to my right. When l /
armed my eyes they were Withdrawn from Mr. Hall 5
nd of course from Mr.. POindeXter. What he was | I
ding from the time heard the exclamation till I | i
card the firing of the gun, cannot say, because
~ eyes were withdrawn in going to the wall to I
,ck my safety-my position being rather an ex- I
osed one. / never heard Mr.. Poindexter utter a
Ord-not a word. l cannot tell whether he saw a
r. Hall or not when he was shot | do not remain c
er seeing any person there when the gun was fired
lcept Mr. Poindexter. cannot say that saw any a
ersOn on the space next the wall intervening be- C
yeen Mr. Hall and Mr.. PoindSxter. v
Cross examination by Gov. Brown.
As to the character of Mr.. POindexter for peace b
I'd violence, | suppose that would depend upon o
hat is the test of knowledge in these things n
i've heard some persons speak of Mr.. Poindexter's
laracter upon this pOint-whether | may be said o
know his character would depend upon how I
anv opinions l should have cOmpared-I know e
hat those / have heard talk about him think | a
uld form some idea of their estimate. How the +
immunity at large estimate him, could not state Il
know have not heard ma jOrity of the commu- G
ty say anything that point. l could give very e
adily. opinions of those | have heard. OF the a
iniOn of the community i'll general, | could not a
eak. | never heard his character discussed in d
ference to that point, except what may be termed
All that | have heard about it, N
ed to his difficulties the Editor CT a newspaper
10 not remember that | ever heard his character Il
peace violence discussed in reference to the in
neral concerns of life at ALT always had refer
&c to some difficulty that he had as Editor of the te
wspaper. So far it relates TO his vocation in to
2, think have some knowledge of it. The only W