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


hand; saw something bright. Witness here
exhibited to Court the way in which Mr. 2. 3
hand was placed upon his pistol in bis right
breast. Mr.. P.'s hand Was not covered up;
he passed witness on right side; their umbrel-
las touched.
By Defnce-Is satisfied he saw the butt
end of the pistol, and Mr.. P.'s hand on it;
couldn't say whether the pistol in Court was
the same one.
il JAMS A. FISHER, called-Is business man
and book keeper at the .Netcs Office, and
joiHt proprietor with Don. Cameron, VIM.
Cameron, and r. ii. Barry: Mr.. VIM Leliy-
EFT is employed as one of the editors; Mr..
ALLEN A Hall Is the principal editor; the
same arrangement existed last Friday week;
witness had business at the Office at A. NJ,
which he generally got through about z, and
went to the front Office to attend to matters
! there. That morning be met MIR. John w.
Barry, of the Pdtriat, in the front Office, who
| informed him of the visit of Mr.. Poindexter
and Mr.. Whitthorne, inqiring for Mr.. Hall;
witness went out and was gone for ten min
| utes and returned, when be saw Messrs.
| Poindexter, Haywood and Whitthorne COM
| ing up the street: Mr.. p. stepped upon the
door sill of the .Niscs Office. the ether gentle
men remaining outside; Mr.. p. inquired for
| Mr.. H. and was informed that be was not
| in; thinks he inquired once or twice more;
some remarks were made about the weather;
Mr.. Lellyett came in, passing between Mr..
| Barry and Mr.. PoiDdeXter, when the latter
inquired if that was Mr.. Hall. Mr.. B. replied
| in the negative, and introduced Mr. Lellyett
| to Mr.. P; the latter seemed quite nerv Gus;
| thinks Mr.. Lellyett did not offer his hand 10
| Mr.. p, but bowed and turned away. About
this time Mr.. Whitthorneremarked to Mr.. P,
| So Don't let us stand here in the rain-l have
business at the Capitol-you can go down
| the street and call again directly; witness
then went to his room in the Union Build
ings; met Mr.. Hall in front of Mr.. Pinto's
Cigar Store in those buildings; told him OF
| the calls that had been made for him, and
that appearances indicated that there would
be a difficulty; that Mr.. p. seemed nervous
and excited, and insisted upon seeing Mr..
| Hall; Mr.. Hall started on while witness was
| talking to him, in the direction of the Office,
| and witness went to his room; subsequently
returned to the .Nescs office; soon after arriv
ing there he looked down Cherry street, and
saw Mr.. p. approaching the office; be was
about the corner of Deaderick street, and be-
hind some one, so that be only saw his face;
witness turned to the Office and remarked
that Mr.. 2. was coming; saw Mr. Hall pas
into the back room, and return; some one
advised him not to come ont; he said, "Yes.
/ will go out" or words to that effect; Mr.
P. was still advancing, with his pistol resting
on his umbrella or left hand, cooked; Mr..
Hall came out with his gun, and holeing it
|
stop; witness thought Mr.. POindexter stopped
to take aim. and expecting him to fire first,
was about to step in the Office to get out OF
danger; had advanced one foot upon the
door sill, and placed his hand on the side OF
the door, when Mr.. Hall fired; saw the UNI
brella and pistol fall; was only three or four
feet from Mr.. Hall; thought Mr.. p. had his
pistol levelled on his lett hand. [Witness
exhibited to Court the attitude which Mr.,
p. occupied When be first saw Mr.. P's
| pistol it was down, but he raised il up, and
had it on level when Mr.. Hall fired; Mr..
Hall said stop" three times, in voice loud
enough to be heard two or three hundred
yards; the distance between Mr.. Hall and
MIR. p. when the gun fired; was forty-five or
forty-six feet; Mr.. staggered and fell about
four feet from where be was shot, or perhaps
not that far; the time between the first warn
ing and The report Uf the gun was six or
seven seconds-can't say precisely; Mr.. Hall
| held his gun at first perfectly straight up,
"present arms; Mr.. p. had time to advance
eight or ten steps after being warned; be did
not stop until he attempted TO fire his pistol;
Mr.. 2. had his pistol when witness first saw
him near Ewing's office: it was drawn when
Hall first called out "stop;'' don't know
where he drew it from; Mr.. P. advanced at
a quick gait for a few steps until he raised his
pistol; had been in the habit of seeing Mr..
z. frequently; he looked paler that morning
when he called at the .N'etos Office than usual;
his lips were blue, and his countenance indi-
Gated spirit of determination; MIR. Hall
sometimes goes to his room through the al
ley, and sometimes through the Office; did
not see him come in that morning; Mr.. Hall
had his coat off thinks he had his hat off.
Cross Eromined By Prosecution. gun be-
longed to witness; he brought to the Office on
Thursday evening at half past o'clock; this
was several hours previous to the paper GO
ing TO press generally go 90 press between
IL aud o'clock; don't know when Mr.. Halle
card was written carried the gun there from
bis residence on High street; carried up Ill Oh
to Church, down Church to Cherry, and
thence to the Office; was alone and it was after
dark; don't exactly know for what he carried
the gun there; he did il at the request of Mr..
Lellyett; Mr.. Hall mentioned the subject to
him; he loaded it at HON /; bought the pow
der about two weeks before at Macy 4 Ham
ilton's; bought the shot the day before; put
| Is low No. buck shot in each barrel; set il
down in front of the back Office door, and in-
formed Mr.. Lellyette that there was the gun;
had had the gun there before but never loaded
with buck shot; never saw it afterwards I'M
til the shooting, Halls Office is over the print
ing fice situated 40 yards in the rear of the
'front.' room; the best way of reaching it Is
through the Office, the alley is muddy;
don't know where Hall was after he got TO
|
ion Buildings accidental; Hall usually
comes that route to the office; he didn't go
there for that especial purpose; went to his
room in Union Building after parting with Mr..
H.. did net get arms, and bad no arms al at the
time or on the evening previous; don't know
whether the approach of Mr.. L. was commu-
nicated to Mr.. Hall upon his information or
that of some other person; the back room
door was not closed; Mr. Hall generally pass
es through the front office, talks awhile
and takes his exchanges to his own room !;
= don't know where Hall was when Mr.. p. was
first seen coming up; don't know OF Mr.. Bar
ry going into the back Office at the time;
knows he BARRY went down the street pre-
yiously; don't know his purpose, unless 10
procure arms; he had asked witness for arms;
1t was not to zee Mr.. p; there WAS no under
standing that be should announce Mr.. P.'s
approach; when Mr.. Hall came out his gun
was cooked; don't know who cooked IL; wit
ness left it uncooked; saw Mr.. III. come out
with the gun: Mr.. L. had walked 80 yards since
his coming was announced before III. came
out; saw Mr. z. first, ten or twelve steps
above Dederiek; saw his pistol drawn had his
umbrella shut and in his left hand; mex; saw
the pistol on the ground, couldn't say wheth-
| er il was cooked; when he saw il in P.'s hands
| il was exposed; didn't see him put his hand
back; had his right side TO Mr. Hall after he
presented the pistol; was front face when he
first presented; walked towards the cnrbing.
rwiiness again described P.'s attitude.] The
pistol was not fired 10 his knowledge; dou't
kaow how il came uneocked; bad talked with
| on eof the witnesses who had been examinedin
this case; talked with DIR. Smith, who had re-
lated what be testified in reference 10 the gun;
don't remember 10 have talked with any
other witness on the subject; loaded the gun
in the manner he did on account OF the diff
Guilty sith Mr.. John ii. Hall; Leliyette spoke
TO him about the gun Thursday morning, and
requested him TO bring il up At dinner time;
afterwards told him TO never mind; but again
told him IN the evening TO bring IL, and be
brought IL that night; knew that night after