Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-12-01


times: then witness looked at Mr.. P; didn't
notice whether be was advancing; soon the
gun fred; Mr.. p. had an umbrella ana seem
to be holding il in both hands, saw no pistol;
was Immediately opposite Nears ONCE door;
his attention was equally divided between
Mr.. II. and Mr.. p cant say be saw any motion
BY Mr.. P; his umbrella was not hoisted;
seemed to be confused, there was moving OF
his hands and shaking of the umbrella; don :
know that be had anything else; II was all
done in a short time from Mr.. Halls coming
out until the shocting; Mr.. III. hallooed three
or fur times: didn't see him raise the guns
was looking at Mr.. p. at The timei didn't see
the pistol until some time alter 1t fell; mad no
particular impression as to anything IN Mr..
P.,s- hand except an umbrella; the manner IN
which Mr. P. called for Mr.. Hall attracted his
attention and excited his curiosity; there was
very little said while the three gentlemen
were there; Mr.. P.'s manner was very deter
mined. *E
Cross Examined 5g Proseclaion-Saw no pis,
toll: Mr. P's umbrella was not boisted; beld
it very nearly erect; there was not, t'me
enough to allow him 10 see the movements OF
both parties; Mr.. f. might have had q pistol
and witness not seen it.
WM. LELLYETT. callcd.-Was at the Aes0s
Office when the difficulty occurred; had been
requested by Mr.. Hall 10 come to his house
, and come down with him that morning; after
a rather late breakfast. about o'clock he
went TO Mr. Halls residence, on Spruce
street. Mr.. II. was not ready TO come down;
thinks be bad not been to breakfast; took a
seat and after waiting few minutes Mr., H.
excused him, as he said there would be other
persons accompanying him down town; wit
ness returned TO News office; saw Mr.. +. and
Messrs. Whitthorne and Haywood standing
there; Mr.. p. was standing in the door with
his back 10 the facing; witness said good
morning gentlemen and passed In; as be
passed Mr.. p. made some enquiry in regard
10 him, and Mr.. Barry called him back and
introduced him to Mr.. p; witness extended
his hand; Mr.. p returned his left hand; in
vited Mr. p. in, but he declined; witness
passed into the back Office; didn't notice bis
right hand in particular, was in a bury, as
be desired to inform Mr.. Hall of what was
occurring; excused himself and passed into
back Office to get better umbrella; returned
and asked what Mr.. p. wanted; went after
Mr.. Hall; met Mr.. John Hall and Mr.. x. Ii.
McEwen coming down; they informed him
that Mr.. ii. bad not left; went TO bis house,
and servant said he was in; was about TO
enter when Mr.. John Hall came up and said
his father had gone down; he returned to the
Office and was informed that Mr.. Hall wanted
to see him; went to his apartment, and found
him pacing up and down the room; be had
heard of Mr.. P.'s movements, and asked WIZ
there or go out and meet him on The street,
witness advised him to go out; said that
would be his course; witness wrapped his
gun in newspapers and carried it down to
the back porch of the front Office; MI Han
was sensitive about carrying the gun through
the room, as there was stranger there; VIII
ness told him it was too serious matter to
stand upon tribes; he passed to the front OH
ee, when Mr.. Fisher said Mr.. p. was coming.
A.. II LII and cNa md fNrNEa rH
cooking both barrels; witness remained in
the Office where lie could see Mr.. Hall; was
under the impression that he presented his
gun downwards; he said "stop, SIR" soon
after he fired and stepped in; witness asked
him if he had hit him. Mr.. II. replied that
he had; witness looked out and saw Mr.. p.
on the pavement; in starting with his gun,
Mr.. Hall asked him some question; witness
told Mr.. II. 10 notify Mr.. p. if be saw him,
which he did.
Cross-EIGmining By Prosecution. = Witness
had the gun procured the evening before at
Mr.. Halls request; placed it in Mr.. II. e
office himself; don't know whether this was
after the article was written or not; didn't
know what the article was until that morn
ing; the gun was not procured for John
Hall; was informed of the manner in which
the gun was loaded: gave Mr.. ii. no notice of
the contents of the gun; thinks Col Bell was
up; he concealed it from view at that time;
don't know when Mr.. Ii. prepared his card;
it was about the middle Of the afternoon that
he asked for the gun; didn't meet Mr.. Hall
on his way to his house; saw no person at
Mr.. Halls house; Mr.. II. referred TO his son
and RObt. McEwen when he said other per-
sons would accompany him.
Questions by Defeise.-Tbe gun was nnder-
stood to be prepared for defense; witness
advised Mr.. Hall as to the best mode Of de-
Tending himself; had tried him with pistols.
the best be could procure; took long duel
ling pistol; MIR. IL tried IL, admired the sight
but could not see his Object; had his specta-
Giles on; witness then advised him TO hold
himself on the defensive at the Office with a
shot gun; advised him that it was the better
plan TO 90 TO the street as he would have a
better opportunity of keeping his antagonist
at a distance. and notifying him; the expert
ment with the pistol was made on the after
noon of Thursday in Mr.. HIS Office; he didn't
shoot the pistol; said he had not shot pistol
in ten years.
Counsel for the defense here announced
that Mr.. HALL was fffy-seven years Of age,
which was admitted evidence without OBJ
lection.
r. III. BARRY, called.--Was in the Netcs Of
fee ON the morning o: the difficulty; was in
the back room, and Cameron Informed him
that Mr. p. had been there; went into the
front room; Mr.. Z. soon came up, accom-
panied with Messrs. Haywood and Whit
thorne, WITNESSED described the interview as
it has been described heretofore After MIR.
Z. aud friends left. Mr. Hall come in; he
came down Cherry street by the Bank. pass
ed through the alley to his back room; be
told him that Mr.. p. had called, and then
went to Mr.. K. ii. McEwen's Office to find
Mr. John Hall; saw Mr.. p. in Mr.. Haywood s
Office as be passed, asd saw him in the same
position as he returned 8 or 10 minutes after
wards; soon after returning TO the Office, some
person, don't know who. remarked that Mr..
P.was coming up the street; MIR. IL. was in the
front room; saw hiIa go on the pavement
with guu in his hand, didn't notice the at
tjtude of the gun; heard the word stop y
twice; saw Mr.. +. after the gun went of, had
no other business In going down street except
TO End Mr.. Hall; saw Mr.. +. that morning as
be was going TO his breakfast; didn't see him
the first time he called at the Nttcs Office, Mr..
Z. and friends remained there about three
minutes at second call; said nothing when
they Left: witness Vas glad 20 see them go in
that direction, as he was certain they would
meet Mr.. Hall If they went an opposite direc-
ton: Dr. Winton's ONCE IL in the Aicboi
building, on Cherry street, near the corner Of
Union. thinks doors; don't know that be
occupies it now; never saw Mr.. +. after be Tell;
saw him fall.
Caestion 6y ProseelaiOa.-Told no one that
Mr.. r. was alone in Haywood's oiice before
the Shooting.
JohS IL. CURRx, eallcd-Was called %
attend the body OF Ar. Il. after he was killed;
placed in a plain wooden csfin aud re-
moved il to DR.. Winstons house; afterwards
in placing Il upon the cooling board he ex-
amined his pockets, and took tberefrom
among papers, some small change, and two
short pistols. such as are sometimes called
@bull-dogs,n aud slmstimes De nse s;don't
know whether they were loaded; don't know
whether they were smooth bored or rife;
handed them 10 Mr.. Haywood; took one oat
OF the left breast pocket and one out OF the
lett skirt pocket behiRd; found no other