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

shot on the wing, and invited witness TO go
down TO Montgomery with him to shoot
birds.
HERMAN Cox. called-Was in the passage
leading TO bis Office second story of Cooper's
block. when the difficulty occurred between
Mr. H and Mr.P.: his attention was first
by searing loud voice in an inn
perative tone. and it occurred to him from
previous knowledge of facts that a difficulty
was on hand; ran 10 the front balcony, about
twelve feet of; saw Mr.. p. first, and almost
simultaneously heard report of gun; saw Mr..
P was wounded; he fell back al first, then
advanced and was falling when witness look
ed up and saw John Hall; turned 10 go down
stairs and go to Mr.. P, but before he got
there Mr.. p. had been picked up; witness
went to News Office and ascertained that il
was not John Hall who had fired; Mr.. P.'s
face was towards the News Office when he
first saw him, and he seemed TO be going in
that direction; thought his umbrella was
closed and under his left arm, thought he
had something in his right hand; his arm was
partially extended; don't know whether he
was in the act of extending it or drawing it
back; bis first impression was that he had
pistol in his right hand; he afterwards heard
of no pistol being picked up, and concluded
he was mistaken; be then heard pistol was
picked up, and now has no doubt be had a
pistol in bis hand; the voice first attracted
bis attention from its positive lone; the words
were short but be did not distinguish them.
Cross Erami,aed By ProSecaian.- him at
the moment of the shooting; thought his UNI
brella was closed, saw some thing in his right
hand; could not see his left
BIZ C5urt-Made three or fonr steps after
he heard the voice before be heard the gun.
A g. ROBERTS, calied-Did not know much
of Mr.. P.'s eXpertness as shot; saw him
shoot in front of the capitol. distance about
thirty steps, object about the size of man;
he hit the object he shot al; hit Mr.. Beaumont
in the leg.
1.-THE defence proposed question TO wit
ness in regard to Mr.. P.'s difficulty with Mr..
Beaumont, to which the other side objected,
and the point was argued at some length.
The Court overruled the interrogation
Examination Of Il. c. Roberts Coattnued-
Knew Mr.. Hall as peaeeable man; witness
was connected with the Banner; Mr.. z. wae
connected with the JI1ion; Mr.. p. was very
sensitive man. liable to get into difficulty;
would act quickly, and was dangerous man
in a difficulty.
Cross numined 6y Prosectdio.--Mr. p. shot
the third time before hitting on the occasion
alluded to: distance about thirty steps; shot
with a repeater.
FOURTH DAY.
NOVEMBER 10Th. 1859.
Testimony for defence resln,ed-lGov. Brown
desired to prove that Mr.. Poiudexter was
under bonds to keep the peace at the time OF
his death, towards all citizens, as showing
the reckless disregard of deceased to all the
obligations of society. The Prosecution OBJ
jected TO the testimony; and the point was
argued at some length by both sides. The
Court deferred its decision
S. n. HoLLINGsWoRTH, called.-Was ac-
acquainted with the character of Mr.. Hall
Tor peace or violence; bad the character O.
being a peaceable man; was acquainted with
the character of Nc. p. for peace or violence
in this community; was looked upon as
rather dangerous when offended; very sensi-
tive and liable to be offended; was a violent
and dangerous man; and looked upon as a
man who would fight.
@. w. DARDEN, called-Was' aC a point
where he could see the difficulty between Mr..
Hall and Mr.. Pondexter; walked into the
Naos Office that morning Immediately after
breakfast; while there Mr.. Poindexter, Mr.
Haywood. and Mr.. Whitthorne called; Mr.. p.
stepped upon the door sill. and enquired for
Mr.. Hall; Mr.. Barry said he would see ifhe was
in; looked in back room and reported that
Mr.. III. was not in, and that it was not quite
time for him to come down; Messrs. Hay
wood and Whitthorne remained on the pave
ment few feet from the door: witness STEP
ped into DIR. Briggs Office and returned; Mr.
w. remarked TO Mr.. p. that it was not worth
while to wait, and the three left in the direc-
ton of Cedar street; witness went in Neto,
Office again; then across to Mr.. Vaughn's Of
fee on the opposite side of the street, then
to Mr.. Seabury's; don't remember how much
time elapsed while at Seabury's; saw Mr.. p
coming up the street towards Neps Office
when about opposite Mr.. Ewing's Office, Mr.
Hall tho xx,iib q
gun, aud called out "stop, tell you, stop;
witness looked then to see what Mr.. p. would
do; thinks Mr.. Z. did not notice the first cal
to stop; at second call he drew pistol and
brought it up in the direction of Mr.. Hall
and was lowering il when the gun flied; Mr.
p. had an umbrella; when be first saw Mr.. p
he had his umbrella in his right hand; don'i
know when he changed il; when shot he bad
his umbrella in his left hand, rather leaning
back; was standing face TO face with Mr.
Hall; can't say precisely where Mr.. III
stood; Mr.. L. was nearer the curbing than
the building; was satisfied he drew pistol
and was lowering it when shot; didn't SEE
the pistol Immediately after the shooting
when the gun fired saw something white fal
from Mr.. P.'s breast; didn't know what il
was; at the suggestion of Mr.. Seaburry wit
ness ran over to the spot whcae he fell the
umbrella was lying bottom side up, and pis
toll in it; didn't examine the pistol; Mr.. Hal
called twice or three times; couldn't say ex
actly as to the interval between the calls; il
was not long; witness rehearsed to Cour
the manner of the calls; thought the muzzl'
of Halls gun was rather elevated; ii wa,
not presented or pointed at any one; didn'
see Mr.. Ii. fire.
Cross-eramined By the Prosecuti0n.-Went Il
the Nees office soon after breakfast; about a
O'Clock: at breakfast table heard of the cart
in the Netcs didn't go to Aescs Office expect
ing to see IA difficulty; went to see the article
in the paper; when he first went in Mr.. Barry
was there, aud perhaps Mr.. Fisher; remem
beers Mr.. Barry distinctly; Mr.. o. +. Noe
came in at the time; didn't see Mr.. Hall come
in; don't know that he was there when wit
ness called; saw no gun; was not in the bach
room; saw no one in the back room; saw
Barry walk into back room; saw Mr.. Lellyet
come in; don't know whether the door To the
back room was closed; the rooms are separa
ted by partition, with door in the centre
saw Mr.. Reed of Goodlettsville about the
door; remained in Neies office about or II
minutes; didn't see MIR. Hall before he left
didn't see Hall that morning before he (wit
messy left the office, or until he (HalD cams
out with gun; was in full view of the Netr
Office; was expecting a difficulty; that wa.
what kept him there; saw young Mr. Hall &c
in The office; did not see Mr.. Hall, the elder
go in; could have seen the office at any time
bat Was looking more down the street 10 sci
Mr. Z. as he expected the attack from him
saw Mr.. Barry go down the street in the di
rection Mr.. Z. had gone, didn't see him re
turn, don't know whether he was there al
shooting; saw young Mr.. Hall go in Ma,
Office: saw some person did not recognize be.
tween the parties Immediately before the
shooting, who stepped aside; Mr.. Seabury
the elder, was standing near witness; witnes:
told Mr.. S. when he came up that he would
see some fun directly; don't know where
yeung Mr.. Seabary was; Mr.. II. had his UNI
hrella h0isted: it WAS raining; saw Mr.. T.
draw bis pistol; Mr.. p. had his right side to
witness; pulled the pistol from his breast or
vest pocket; when he drew il he either didn'i
have good hold or the pistol caught; il
seemed to fall back at first; thought he was
in the act OF bringing pistol TO rest upon his
left hand, in which he had his umbrella;