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

sOme Of them are evidently double. The right arm
was nat lIured, and no holes appeared on the right
side of tae coat.
The Court adjourned to tomorrow morning at
O'Clock.
SECOND DAY.
SATURDAY, Nov. &C. 1859
The Court met, pursuant to adjournment, at nine
O'Clock
John @, Thompson Direct examination by Mr.
A Ewing. did not see anything of the killing l
Went into my Office about quarter to nine. Ny Of
nee Is the next door TO Mr.. Ewings Office and has
two rooms, one of which Mr. Childress occupies. 1
had Just come into it, when was called to the door
Dy the report. did not know until afterwards
that 1t was gun. 1t sounded very like an over
charged pistol. | went to the door and saw Mr..
roindexter IN the act of sinking and falling to
the ground. He seemed to me to be manfestly dead.
was about to run out and help him, and saw two
or three persons doing the same thing, and went
pack knowing he would more likely be cucumber
ei with assistance than not have enough | saw
ther must pick him up and carry him somewhere,
and thought they would bring him into my Office and
SO pulled forward lounge and cleared it of books,
and Just then they entered the door with him. DR..
watson entered the door with him, and commenced
irving to keep the crowd out | thought there
might be some life in him. though it was manifest
from the wav he fell that he was dead found it
was impossible to keep the crowd out did not
go 10 Mr Po-ndexter at all, thought was within few
1eet OF him. | went into my back ROOM The
| crowd was very large in a minute and contin-
uea 10 pour IN. lie fell in the way a live man
could not fall. He fell as a cut rope would fall.
His right hand went up to his face. but I am SAT-
lsned mat 1t did so simply from the act of fall
ing nave pistol with me; | was told to bring
1t. nave not altered it in any way 1t has been
OUT OF my possession, but l satisfied it has not
been altered. 1t was not cooked when | rot IL
bqrp Il fOolr = rr,do
MISREPRESENTATION surprising it had been fred
locked IL M at the time. and then went back To il
AMI found It in this condition did not axe the his.
Io' from inc ground. but took it from the hand of
Mr. Seabury. The death occurred in this county
took the pistol thinking it was John Halls pistol: no
one seemed to have seen it. have a very vague
recollection of umbrella but cannot say that the
impression was not made from afterwards knowing
that he had one. Mr. POindexter fell about three or
tour feet from Mr. Ewing's door, close to the curb
stone His face fell inwards. l thought at first he
mad been shot by person in Mr.. Jones' grocery and
was facing it at the time. He was about hr If way
down when got to the door 1t was about two sec
onds after the shot that came He was in the act
of sinking when l got there. have no doubt he
died from that wound
Cross examination by Mr.. Brien
am acquainted with pistols This is a Colts pis-
toll of the second size and dangerous weapon in
fight A man could be killed with it, if the ball
struck him in the head, at distance of so feet
That would not be the best distance. IL would be
dangerous weapon at 40 feet. Ofmy own knowledge
don't know whether the pistol belonged to Mr.
Poindexter or not. don't know from Mr.. Pondex-
ter to whom it belonged. Mr.. Cunningham of the
State Bank claims IT,
Mr. Thomas Quinn. Direct examination by Mr.
Bate
live IN Hart county, XIV, and am a Railroad con
tractor. / in Nashville on Friday morning last
week. saw the shooting take place in town that
morning. was coming up the street on Friday
morning between eight and nine o'clock It was
raining and had umbrella in my hand / was
coming from Deadrick street towards the Bank
As got near the Re'rs office. a gentleman came
out without coat or hat He said stop" He
held in his hand a dOublebarreled shot gun | step
ped Out on the curb. As soon az | got out Of the
range heard shot. and saw a man receive the
contents in his breast About four seconds after re-
ce'yIng the shots he reeed and fell the left side
did not know either party | heard him say the
word stop and perhaps more than that | was
about six PAGES below the gentleman with the pun
between the man that shot and the man that was
shot. believe had on a shawl and can butdress-
ed otherwise as am now. / was between the two
parties, the man that shot than the man shot
at. know where the NeJ1s Office Is. / remember
ed it at the time. The elderly gentleman with the
guncame out OF it. He had gray hair. | could not
swear TO the gentleman though believe that he Mr.
Hall) is the He first held the gun in both hands
before him. and did not have time to see how he
ralsedit just got out of the way. don't suppose
1t occupied more than three seconds, if so long. be-
Tell IN few seconds after. lie seemed to throw his
head forward and tell on his left side. was net
looking at the gentleman when he was shot. look
ell back. and saw him when he received the shot,
AMI saw piece of white paper, the waddiRg of the
gun, fall from his breast. did not notice ANYTHING
he had about him, for | began to tremble when he
was shot. | saw man take the part of a broken
umbrella handle out of the gutter did not see the
umbrella before he fell | did not notice enough to
what lac was doing when he was shot. lie seem
oil 70 ha Ir
ceived the shot. l did not 60 up to hum when he was
shot until he picked up. saw man pick up
pistol. 1t was outside near to the curbstone. That
was the only weapon saw, except the double bar
relied shot gun. | did not either pistol or UNI
brella until afGer he was shot was going towards
Union street turned as the gun fired and faced the
building-inten1ing to sight along the gun to see
where he was to shoot was five or six PAGES from
the gentleman that had the gun. perhaps less. /
moved right quickly out of the way | supposed at
first he addresSed'me-bu instead of stopping got
out of his way Immediately, and saw the man re-
ceive the contents of the gun | think the time be-
tween the calling and the shooting about three
seconds
No cross examination.
DIR. Geo. Smith. Direct examination by Mr. Ew- |
ing Ny Office IS near the Neirs Office / was at
home on the morning Mr.. Pondexter was killed |
heard somebody following in the street | could |
not exactly tell what up. moment afterwards |
heard gun fire ran to the window and saw |
some gentlemen taking man into Mr. ChiIdress Of |
nee. and saw some standing around the Nelos office
door, IdidnOt see Mr.. Hail. have seen the gun have
1t at my office. 1t Is double barreed bird shot gun:
the other barrel is not now loaded think 1t was load
ed when got it. ran the ramrod down it and measur-
edit. 1t had acharge of about two inches took the
gun from the NstcS Office. don't know when the
charge was shot of. 1t was there for a day or two
don't Know who shot it off 1t was done without |
my knowledge. | was not instructed to keep it as
It was. kept it in my back room. 1t has been shot
within the last day or two, presume. | know no
hing of the loading of the gun. My belief is that it
belongs TO Mr. James Fisher tie is book kpeDer |
n the Ne,cS office have often seen the gun before
presume. / did not see the gun brought there 4
vas told when it was brought there by Mr.. Fisher
Court told him not tell what Mr. Fisher said.)I
Mr. Fisher resides at his mothers house on High
treet l know nothing of the preparation of the
yun previously l knew nothing of the use to be
made of it that morning The first intimatiOn had
II 1t was the use Of the gun and some one hollow
nc in the street. Mr.. Hall was in the room when
ot the gun. 1t was the room up stairs.
Cross Examination.
l was acquainted with Mr. Poindexter l could
lot state to his character for peace and violence
have heard him spoken of; some say he was sens-
i've, some that he was courteous some that he
vas quarrelsOme.
Hon. Jordan Stokes-Direct examination by Mr. |
wing.
l am acquainted with Mr. Poindcxter. Have ]
nown him for a number of years. / could not say
nat was intimately acquainted with him. My ac- | q
1
esided near me. He taught school two sessions in
~ town, in Academy there. After that he went /
the Law School. 1t must have been seven or
ght years ago l do not remember that he formed |
ny character for peace violence while there
ave two boys who went to school to him. He was ! a
egarded a quiet, peaceabe, orderly citizen l
lay remark also. that while there he was regarded
one who would not permit any insnuation against ]
is character. He sensitive upon that subject a
dOnOt know that there was anything occurred du- t
ng the time he taught there have not so dis o
net recollection about his being at the Law g
chOol. He afterwards went to Montgomery coun- l
= and / understood. afterwards to Washington p
ity, and then came here. After he left there can
ot say 1 was familiar with his character. He S
ught in the Academy in connection with gentle v
an by the name of Pike. h
Cross examination by Mr. B"ien Il
have been here for month or two. l have 6
card his character for peace and violence OCCASION
~ discussed The gentlemen whom 1 have heard c.
,eak of his character here. occupy mainly a ! q
rtain position. that would not like to speak of N
character from that alone. 1t has MAINLY grown a
1t of the recent difficulties l would not like to p
eak from that alone for have had no Opportuni- n
IS to hear others talk. | have certainly formed al
opinion, but in that opinion It is possible may tC
, him injustice. and | would not therefore like to
eak upon the knowledge nave. l prefer SAYING
thing upon the subject with the limited means | in
I'VE had to form an opinion Those whom / have 1t