, 1864-12-01

, 4oupL Wnet1cr ne would be able to lind 1t; Mr
Pollard .ae an act Of courtesy, and in consider.
way. ID fhis way Mr. Pollard accompanied
alr: Swan to Mr.. Foote'S room, who was the
|. bearc1 ofa note from Mr. Mitchell to the for
mcr; knew nothing Of his own knowledge OF
the character Of the note, but simply went
with ar. Swan as an act Of courtesy to con-
duct him to Mr.. Foote'S room was not even
then aware TINT the personal relations be-
friendly character. On the contrary, know
ing. them to be from the same State, and as
sociated in the same Congress for many years,
be supposed naturally that they were good
friends. Arriving at Gov Foote'S room Mr.
Pollard suggested. that they should send in
convenient Or agreeable for Cor. Foote to re- r.
ceive them at that 1our but Mr.. Swan did
not think that for1nality necessary tapping
at Governor Foote'S door, voice
said,- Come - he opened the door
and saw HRS. Foote sitting at the fire !;
Mr. Footc, who was sitting before the fire,
apparently in drowsy state, arose and greet.
Mr.. Swan following; witness knowing that
Mr.. Swan was colleague of Mr. Foote, sfmp-
II said, Your colleague, Mr.. Swan, Mr.
Foote;'1 suppose you are both acquainted.",
Mr.. Foote turned aside and replied, II can
not recognize that man, lie is not a gentle
his position to witness, as witness believed,
for the purpose of making an explanation to
him. Ii was then that Nj. Swan struck Mr..
Foote over the head with IN umbrcl1ahe car
rted in his hand. Mr.. Pollard Immediately
sprung between the parties and attempted to
Keep them apart. Mr. Foote rushed back to
wardrobe In the extreme corner of the
room and seized q revolver md rushed
towards Mr.. Swan, when witness caught him.
Mr. Footc said, excitedly, .tDon't hold me !;
I'll shoot the damned scoundrel," !" or words to
that effect. The parties were separated, Sr.
SVEN retiring into the passage and Air. Foote
remaining in his oTn room. Witness made
not aware Of the mission of Mr.. Swan, nor of
the motives that impelled him in assanlting
him. Dir. Footc WAS perfectly satisfied and
acquitted witness on the spot Of any connec-
tod with the affair.
Mr.. W5nne testified 10 facts touching the
relationship existing between Mcssrs. Foote
and Swan, and, fur ther1nore, to the fact that
a note amounting to challenge passed on
Monday night from Alr. Foote to Nj. Swan.
Mr.. Thomas testified that Mr. Foote con-
Mir. Foote informed him on Tuesday morning
that lie had made rp Lis mind had resolved
to challenge him. We advised him that as
the affair had not resulted to his discrcdlt, 1t
was moi incumbent upon him to take any fur
ther notice OF it to vindlcate his honor. Tues
day morning Mr. Foote showed witness note
addressed 10 nr. Swan, remarking that wit
ness could read il in confidence read 1t, aud
think it amounted 10 challenge, as 1t left
Air. Swan the alternative to mesl him in the
field OF honor or tn1,e a street fight.
MI. Ra7ksdele, Of Mississippi, testified that
Mr.. Swan had consulted him upon the pro-
priety Of his becoming the bearer Of a note
from Mr.. Mitchell to Mr.. Foo+e, in view Of the
unfriendly relations existing between them !;
he did moi say that it was hostile note.
General Atkins testified 70 The personal re-
latiuns existing between Messrs. Foote end
Swan had heard them speak OF cach other in
n manner Tint gentlemen ought not who are
on coed terms. Witness further testified that
Alr. Foote had admitted 10 him that he had
challenged Swan.
A great deal Of tima was consumed in tle
effort Of Mr. Foote'S counsel to introduce Us
evidence newspaper articles, and the proof Of
their authorship, with the handwriting Of the
manuscripts, and editors and printers were
summoned to testify, but nothing tangible or
positive was ELECTED.
The Mayor, in summing up the casc, s1id
that enough O.: evidence was before him to
show tlnt hostile feelings existed between
Mcssrs. Foote and Swan, aud as he sat there
us conselvator OF the peace, it was his duty
in a hostile meeting. He would, therefore,
1cquiTc bail OF both parties II the slm Of five
thousand dollars each to keen the peace and
be Of good behavior lOr twelve morths-AIaj.
!. n. Barbour en,cliug security for Mfr.
Footc, and big. acn. +. r. Moore 1o- Mr..
S,7an+ h;'- Iitshc1 VAS also held 10 bail In
lie sum O. aEo thousand dollars to keep tho
Tcace, Brig. Ten. Moore entering for him
also,