The New York herald., 1864-11-28

welding upon . stock which boa oil tne necessary
grooves upop H. The lock worEs beautifully, Hnd the
is, from length, weight and power yell adapted
for . wariiks weapon II 9 pity thas lhe COMPANY
the shmeu ns full capacity We do not think
bei,er gun been made or imported into the con.
9. be sO % turn out al The neea mp
ments for the carrying on Of our contest fog our rights
and Independence sherman could gather up the
few submissonsls recopstructonsts that occasoa
ally betray themselves among and send them the
the line. he did that sort Of people from
themselves with such goodly weapons made
bere should expel the impudent invaders from
oorde and be able 70 return 10 our homes 10 peace
and safety.
John Mitchell. Of the Richmend En-
q"irer, Challenges Henry .. Foots, OF
ltrom the Richmond Examiner, Nov. 2l.l
PoIcs CousI-AayOr Mayo, prssding-w ednesday
Hon. Henry 5. Foots, member Of the House Of Con.
S,sss from Tennessee, and Mr.; john Mitchell were
William Fowe Of this city, With being about TO break
the peace OF tho common wealth BY engaging In a duet
with deadly weapons, and Hon. VIM. G. swan. member
OF The House from Tennessee. charged with beng
the besrer OF challenge from Mr. Mitchell 90 Mr. Too,s
70 nshi duel with deadly weapons contrary 70 the laws
The parties, who had been previously arrested aud
bailed for their appearance, court Mr. Foole
represented by Mr.. John II. Gilmer COUNCIL
The FOLLOWING Witnesses examined and the facts
smeea M, e wn,ea we embrace 10 statement annexed.
gress from Virginia II. R.ves Polad George Thomas.
second Auditor William H. wynne, Doorkeeper OF the
House OF Representatives. General Atkins. pemoer VI
Congress from ienaessoe, and John Daniel, editor Of
the Eadp,iner.
nr Fowe rst called 10 state upon what evidence 30
based his presumption that duel about AXE place
between Messrs. fgoie and Mitchell de knew nothing
the affair pc ally but enough 10 satisfy
him that hostile meeting probable ana deemed i
his duty good citizen and personal friend of of
parties Mr. Footel 10 lodge the with the
authorities; knew nothing Of the anticipated duel except
what he told, but 10 the that
sued at The Ballard House Monday nght upon the &C.
4 n lis hp ptNEaYn
aud Swan which scene Witnesses projected TO descrite
Cross questioned BY Mr. Miiche-is a very intimate
friend OF hr. foote Does lot know nT. swan or air
Mitchell at ALI would not know the OF them from tho
other
these two persops wnom you did not know, that Won
had reason 70 believe they were going to commit bfeseh
T. Mr. FonlcYes Ihad the strongest moral conviction.
Mr. Mtchel-Did Mr.. Foote tell you TO come and make
Mr.. Fowle-No, certainly not.
Mr. nitchel-Did he tell you moi to come and swear
that iniormatony
Mr. Fowle-So, sir.
Mr. H. Rves Pollard testified that he never knew Mr.
swan until the evening OF the when be
introduced to him. Mr. Swan was then al the Examiner
onile looking for Governor Foote'S residences, and br.
Pollard was asked II he knew where Governor tooie
lived; Mr.. Pollard replied that he did, statiog the
street, house. &c Mr.. Swan expressed some doubt
whether be wouo be able to find IT. MIR. Pollard,
OF courtesy, and in consideration or his p1si
tiop, onered TO show him the way. In this way Mr.
Pollard accompanied Mr. Swan 70 Mr.. Foote'S room, who
was the bearer OF note from Mr. Mitchell TO the former
knew nothing of his knowledge OF The character OF
the note, but simply weat with Mr.. Swan act OF
courtesy TO conduct nm 70 Mr. Foote'S room. wss not
even then aware that the personal relations between
Me Fooe aud Swan or nuiriendiy character
On the contrary, knowing them 70 be from the same
state, and associated in the Congress Tor many
years, he supposed naturally that they good
frends Arriving at Governor Foote'S room Mr. Pollard
suggested that they should send In their cards thar
haps 1t might not be convenient agreeable for Co.
Fooe receive them that hour but Mr. swan
did DOT think that orrnaity necessary; tapping at CO.
werner Foote'S door voice said .Cone in be opened
the door aud saw Mrs. Foote sitting at the Gre;
renty In drowsy state aud crested witness very
cordially, inviting hm in, hr Swan following witness
knowing that Mr.. swan was colleague OF Mr.. Foote
simply said, "Your colleague, Mr.. Swan, Mr.. Foote:
suppose you are both acquainted" Mr.. Foote turned
aside and replied ~ cannot recognise that man; be Is
not Sentieman and repeated the expression. turning
his position 10 Witness as witness believed for tho pur
pose Of making an explanation to him. IL then that
Mr.. swan struck Mr Foote over the head with an unl.
brelia he carried In his hand. Mr. Pollard Immediately
sprung between .he parties and attempted Keep them
apsrt nr. Foote rushed back to wardrobe In the
rushed towards Mr. Swan, when witness caught him
Mr. Foote said exctedy .iDon't hold rne Phi shoot the
damned scouudrs or words 70 shat effect Tns parties
separated, Nr. Swapn retiring into passage
Mr.. remaining IN his own room Witnees N ade 40
explanation Nr. Foote that he was not aware Of the
mission Of Mr. swan nor OF the motives that impeed
him assauliing Mr.. Foote was perfectly satisfied
and acquitted witness the spot OF any connection with
tho affair.
existing between Messrs Foo,e and swan and, further
more, fact note amouatinH to challenge
passed on Hsuday night from Mr. Foote 10 Mr. Swan
Mr.. Thomas testiscd that Mr. Foois consulted with
him aud General Wckharn and Mr. Foeie informed him
on Tuesday morning that he had made up his mind bad
resolved 10 challenge him. We advised him that
affair had not resulted his dscredt It ncuu-
bent upon hm to take further notice Of II 10 vndi
ness addressed to Mr. Swan, remarkng that wit
could read II IN conddencs; read it, and think u
amounted to challenge, as left Mr.. Swan the siterua
49,, 70 meet him in the leld Of honor Or take street
nsht
Mr.. Barksdaie, Of Mississippi tesli8cd thst NJ. svan
had consulted him upon the pToprie;y OF his hsc6n9s
Ii.
view OF The uufrien6y relations existing between them
he did rot say that i was Q hostile Tote.
General Atkins testified TO the personal relations exist
ins between Messrs. Foote and Swan mad heard them
speak OF each other In manner that gentlemen ought
not wbo good terms. Witness further testified
that Mr. foote had admitted TO him that be had chal.
eused swan.
Fooesooupsci 10 introduce evidence newspaper art
cles and the proof OF their authorship with the hand
wriiog - the manuscripts and editors aud printers
we're srraloned 10 testify but nothing tangible posi
tive wac. elicted
The haycr, in summing mp the ca,e suid tha, enough
OF evidence Was before him 70 show that hostile feelings
existed between Nessrs toote swan and a. bo eat
there az conerya.or Of the peace, II was bis duy
see that such hostility did not eveptuste in a hostile
meeting. lie would therefore, require bail OF both par
ties IN the sum OF ave thousand dollars each keep
peace ond be OF good behavior for twelve montbs-iaor
A. ~ Barbour entering security for dr. Fooo Dgis.
der General + 4 Noorc for MT. swan. Mr. Nichel vas
also he'd - bail ~ the sum Of two thousand G0asg 70
Eeep the peace 5.Adier General Moo<e entering for
him Also.
-
Failure or the Crops in 1gfssfssippi.
correspondent VI the Mobile Register, writing from
Northwest Mississippi, October 90 says;-
those who have taken tho trouble TO road my etter
Know very wei thhi I'm not one TO draw glowing pc
lures always deem best however 10 deal oaud,dIy
with The rest q mankind and give truthful siatements
however unpieasant they may be- WHAT feel compelled
now 10 state ~ that such has been the ai or The
corn crop 10 this region the present year. general
is that failure, that fear there wl be much suffering
before anher crop can be sde unless the Governor OF
The state VII see that corn is brough, from the
penti.u regions 10 time TO supply the stiles
families OF those brave who absent the "a,
II has been my duty for the rast few weeks 70 r1v
myeeH as 10 the supplies IN the northwestern ,r>0-r
and whine knew n advance that there .csrrt,es
abundance with which this region is ssua an not tina
the secretly or "a usea, an orops nor q