Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-02

u.
which attracted my attention and caused me to
MAN, and from his calling for Hall in the manner lie
did | was curious to know what it was
Cross examined by Gen. Bate.
/ saw no pistol. l don't think the umbrella was
hoisted but was merely erect and pointing towards
command and the fring-it was not long enough for
me to look at both parties and exactly what each
one was doing.
Mr.. Lellyett. Direct examination by E. H Ewing
1 was at the Nelcs office on Friday morning
week l was requested by Mr.. Hall to go by his
house that morning and come down town with
h m I left the house about five minutes after
ynt O'Clock. | went to Mr.. Halls residence on
Spruce street, but he was not ready to start
I think he had not had his breakfast sat down
in his parlor with him and conVersed Tor about
ten or fifteen minutes when he remarked to me
that he would excuse me, as probably others would
be going down with him, and might go on. came
on down to the NeuS Office, and when got to the
door of the Office, there were several gentlemen
standing there. IrecogniZed Mr.. haywood, and al
SO Poindexter when l got into the door, He was
standing with his back against the door facing. |
said Good morning, gentlemen. Poindexter asked
some question in regard to me- but did not hear it
distinctly Mr. Barry called my name, and | turn
ed around and he introduced meto him, and shook
hands with him He gave me his left hand. | did
not notice what he did with his right hand. was
in considerable hurry felt it my duty TO go back
and inform Hall did So after Igot my umbrella, in
a great hurry. As 1 came forward, l asked Barry
who POindexter wanted; he said Hall went on
as fast as possible for Hall. met John Hall and
r. H. McEwen coming down. The impression was
made on my mind by John Hall that his fsther had
not left l went to his house and was told that he
was in In the meantime John Hall came back and
told me that his father had gone down. Invent back,
and as soon as got there was informed that Hall
wanted to see me. ! went up TO his room and found
him pacing up and down the room. He said he had
heard of Poindexters coming for him, and asked
me if he had better wait attack there go out
and meet him on the street | told him my policy
would be go to the street. and that he could be bet
ter kept at at distance there. He requested to
carry his gun down. Wrapped it up in some newspa-
pers and carried it down and set it on the back porch
He took it up and | went into the front Office. He
called me back again and said there a stranger
in the Office ard he was sensitive about carry
ing the gun in. told him it too serious mat
ter to stand on rifes and back to the front Of
fee. About the time | got there Mr.. Fisher said
POindeXter WAS coming | notified Mr.. Hall of the
fact. He cooked both barrels of the gun and went
forward. | stood back near the sill where | could
see him. Nv impression is that he presented the
gun and sad stop sir, three dimes, and Immediately
after fired. He then raised his gun and made one
step towards the door and then looked down the
street and after that came back into the office.
a ;ked him if he had hit him and he said he hid.
looked at Mr. PondeXter and then went back with Mr.
Hall / neglected to state that in starting with the
gun Mr.. Hall made some remark to me, and told
him to notify Mr.. Poindexter, if he saw him ap-
proach, not TO approach. gave him the injunction
and he acted upon it.
Cross examination by A Ewing.
l had the gun procured the evening before at Mr..
Halls request. 1t was procured by Mr.. Fisher,
but placed it IN lis office myself toOk it up after
night into the back Office did not know about the
card. was not aware what it was until the shoot
ing done. The gun procured for Allen A.
Hall did not see it loaded but was informed of
NJ no Mr. Hall in
formed of the manner of the loading. gave him no
information further than that the gun there and
lust set it down without letting him it. recog-
missed Col John Bell among the persons in converse
tion with him. concealed the gun from those present
That Immediately after supper don't know
at what time Mr.. Hall prepared his article l think
it was about the middle of the afternoon when
Hall requested me to get the gun. spoke for il be-
fore supper. | saw hun (Hall) at his house. did
not see him any more after left his house, until
saw him in the office. No with him IN the
room when saw him. | did not see any other per-
sons there. He mentioned that Mr.. McEwen and
John Hall would come down with him.
Direct examination resumed.
The gun was prepared for an attack TO be made
on him for his own defence. | advised him in re-
gard to the best mode of defending himself tried
Hall with pistols first, he thought of defending
himself with them. He took long duelng pistol,
and remarked to me that he had never been in the
habit of shooting them in any other way than by
4
sights beautiful but that he could not find the
object. He had his spectacles on | advised him to
hold himself on the defensive at the Office with a
shot gun told him it would be better to be in the
street, his opponent would be better notified not
to approach.
Cross examination resumed.
The experiment was made sometime in the after
noon of Thursday in his Office. l cannot recOlleci
the time though it was sometime after dinner, and
before ordered the gun. He did not shoot the pis
tOl said he had not shot pistol for ten years.
The counsel for the defence said they wished tC
put IN evidence Mr.. Halls age, and that Mr. Hal
stated it to be ftyseven years, which was admitted
by consent.
r. II. Barry. Direct examination by Gov. Brown
was in the Ne,cS Office, sitting in the back room
on the morning of the difficulty. Mr. Cameron came
in and told me that Poindcxter had beer in the of
fee. | then went into the front room and waited
until Poindexter and Haywood came up. l met
them at the door. POindexter asked if Mr., Hall was
in and told them would sc back and see land re-
ported that he was not IN. DUST at that time Mr.
LeIlyett came in and then introduced Lellyett to
Poindexter. POindeXter and his frenGs then walk
ed down the street. Shortly after Mr.. Hall came in
and told him they had been there for him. saw
him coming down the pavement by the Bank. | met
him in the back Office. He entered through the alley.
He went into his back room on the other alley.
then went down the steps out of the front office to
Albert McEwen's Office to find John Hall, | saw
POndexter sitting in Raywood's Office as l went
down. StAld 1He or ten minutes ana came Ddck
and he was still sitting there. As / in,
jpersOn remarked that he was coming up the street
II don't remember who said that Mr.. Hall was in
the front room and went out on the pavement.
stood back in Il room until the gun went off and
then | went to the front door. / saw Hall standing
on the pavement. He had the gun in his
hands as he went out | cannot describe
the attitude in which he held it. / heard him
halloo stop twice distinctly don't know wheth-
Oftener not | did not see POlndexter till
after the gun wen. of-except at the office as de
scribed. 1t was when | went down the street. |
went to find John Hail. but did not find him and
returned. / had other business. l saw POin-
dexter before that morning. crossing the street,
going to breakfast. | did not seehim the first time
he came | don't know who was with him that
time. 1t was about five minutes after | got there
that they came the second time They staid some
three minutes / expect. | spoke to Mr.. POndeXter
and stood talking with him. We said something
about the rain. lie was not inside the door. met
him by the door, and he stood BY the facing of the
GoOr He said he wanted to see Mr.. Hall. There
was nothing unusual in his manner. / introduced
him TO Mr.. Leyett. He asked if 1t was Hall and |
told him no, it was Lellyett, and introduced him.
There nothing said about going away that l
remember. l gratifed that they went down
the street as | expected Mr.. Hall very soon and
knew he would not come that way and that if they
went up they would be very likely to meet him.,
Dr. WinstOns office is the other side of the street
the third door from Union street-tbat is that Is
he Office he used to occupy. did not go out 10 see
Mr. Poindexter after he fell l did not see any
pistol
Cross examined by Mr.. Bate
| told no one that Mr.. POmdexter was in Mr., Hay
woods Office did not state it to any one at the
time. l saw none Of the difficulty except as have
stated.
John Il. Curry Direct examination by Gov
Brown.
saw the body of Mr.. Poindexter after he was
killed | was called upon to remove his body from
the office of Mr.. Childress. placed him in COM
mon wooden coffin and took him to DR., Winston's
house. After removing his clothes, examined his
pockets and took out some papers, some loose
change and a couple of short pistols about eight
inches inches long. Some call them bulldogs and
some derringers. don't know whether they were
loaded or not l don't know whether any one else
exar1ined them 1 handed them to his friend who
was standing by and don't know what was done
with them. | handed them to Robert Haywood. l
took one from his left breast coat pocket and one
from the left coat pocket behind, found no other
weapcn-nOt so much a knife.
John w. Barry. Direct examination by Gov
Brown.
saw Mr. Poindexter last Friday week at the
Ne,rs office | saw him going into the counting
ROOM Mr. Whtthorne was with him and no one |
alse | was on the pavement just little above the
door and a little behind him. passed ON. They |
barely went into the doOr-nOt more than yard or
go and turned around. came out and went on. | |
lid net see ANYTHING else. stopped little and |
,tepped across the street and was there few min /
Ites don't know exactly where they were, they /
went down towards the Commercial Hotel. lost /