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Nashville union and American. (Nashville, Tenn.) 1853-1862, December 01, 1859, Image 2

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J3. G. EAST Itl Alt i& CO,
X.,0...XASTHA5, . a DUHKIFOTOH, J. O.
" , Q. G. POIND EXT2E.
ORimnii
'DAILY ? 8; TRI-WEEKLY 55; WEEKLY $2.
nrTABlASLT IX ADVAHCE.
THURSDAY, DECEMBER 1, 1850.
.. -A Tlie Eastman Fnnd.
A gentleman fromShelbyville sends $40 ; two la
dies In this city sersl each S25, and one lady in the
city iends $100. The friends in this city and county
arejdoing their duty. News from Sumner and Rutherford-indicate
liberal donations. Let each friend
itfthc State do spmefhing.
J i
President's Message.
.-TVeiShallbe prepared to supply, at a reasonable
rate, the interior press, vrith any number of copies
of the Presidents message, in extra form, for their
papery, with the names of their paper printed on
thetmcssage, if we receire their orders in time.
TMsiriU enable them to bring the message before
their-readers at a less expense than the usual cost of
composition, and at an earlier day. Such as may de
Birctto avail themselves of this offer, should write
immediately.
Tbe Testimony In the Case of Allen A. Hall!
We commence -to-dayr to the exclusion of all oth
er matter, and shall conclude to-morrow, the publi
cation of the evidence in full, as given before the
Court, in the case of the State vs. Allen A. Hall,
upon the charge of having murdered Gkoboe G.
Poikdexter. It would have appeared in our paper
from day to day as the examination progressed, but
for a due respect to an order of the Court forbid
ding such publication until the case passed out of
their hands. The Banner of yesterday having given
its report of the proceedings to the public, we can
not consent to withhold longer the facts from our
readers.
Various rumors having obtained circulation, un
founded in fact and grossly unjust to the memory of
Jur.foKBErrEB, we trust to the legal examination,
whichtweinow place before the public, when pro
perly weighed and considered, to vindicate his char
acter in the minds of all just and impartial men,
against any injury which it may have sustained.
1 " "tlcmphlw Item.
Wo copy the following items of Memphis news
from the Aoakwche of the 29th inst :
Another QorxTBRrarrKK Akrestkd Lxnos Hait.
of Boors .MOJ3ST- e have spoken of the probabls
existence in the city of an organized band of coun
terfeiters, and eave the particulars a short time
since of the arrest of a fellow calling himself A. E.
Jaylor, who was arrested while in the act of getting
ofT some bogus money. Yesterday, otficers B. A.
Carter and U. G. Tucker arrejted a man who calls
himself Johrt Barrett, and upon whose person a con
siderable amount of counterfeit money was found.
Early yesterday, as it was ascertainedhe succeeded
in passing a counterfeit bill on Louis Raja, who keeps
a grocery opposite the Beale st market, and also a
spurious bill of the same denomination upon an up-
town bar-keeper. One hundred and twenty-one dol
lars and twenty ec-nts in good money was found upon
his person S2G 20 of which was in half dollars,
and the balance in paper. From the several articles
also taken from him, among which were a pair of
large.buekskin gloves, it is evident that his occupa
tion was to trade his bogus money for good, and to
do this he would purchase a small article, ofTering a
ten dollar counterfeit bill and receiving good money
in change. How many he he had suecceeded in
passing before he was arrested it is impossible to
tell, but tbe probabilities are that he has carried on
an extensive trade. The bills in his possession on
thekCitizans' Bank of New Orleans are the best
executed counterfeits we ever saw, and no less
than six thousand dollars, we understand, were re
ceived by the Bank itself before the discovery was
made. Those on the Canal Bank of K. O. are not so
well gotten up, but would be likely to deceive per
sons unused to the money. The following is a list of
the spurious bills found on Barrett's person : Three
$10 notes on the Citizens' Bank of New Orleans;
four $10 notes on the Canal Bank of New Orleans ;
one S2 note on a broken Tennessee Bank, and a S10
note on the Manufacturers' Bank at Poughkeepsic,
N. Y.
The existence of an organized band of counter
feiters throughout the South is now no longer
docbtfuL Daily in our exchanges we read of at
tempts at getting off spurious money on the Canal
and other Imnks at New Orleans, and caution all to
refuse Louisiana money unless they are competent
judges as to its soundness. That Garrett has accom
plices near at hand is the most probable thing in
the world, and a (sharp lookout will be maintained
by the police.
A Suspicious Character. Since the recent devel
opments in regard to the Harper's Ferry affair and
the probability that Memphis contains co-conspirators
of Old Brown, the police are keeping a strict
watch upon such individuals as cannot give a good
account of themselves On Saturday night last, of
ficers Stainbarh and Oakley, in their regular rounds
on Poplar street, heard the most unconscionable
snoring, which proceeded irom the house being
erected by Bishop Otey, next to Grace Church. The
offictrs proceeded to explore the building, and dis-
covercdfast asleep.anJ literally smothered in news
papers, a man who gave his name as Andrew J.
Jones. Being unable to giveany account of himself,
the 'officer?, in accordance wfth thoir duty, locked
him up. He was tried licfore the Kecorder yester
day, and sent to the chain-gang for thirteen days as
a vaOTtnt Jones is a respectable looking man. well
dressed, and evidently possesses a superior educa
tion. The papers under which lie was found are of
lata dates, Irom all sections oi tne country, and,
stranjre to say, neorh every one of them contain
full reports of the tainls of the Harper's Ferry in
sunrcnts. We do not wish to occasion alarm, but
the .facts fas we take them to be) divulged in the
Palmer case should cause more than ordinary vigi
lance to be exercised.
A New Exolaxd Clekqvmax i. toe Meurnis
CiiAl.t Gang -Vn old hot named Thomas Quinn,
who has repeatedly been before the Kecorder intox
ication, was sentenced yesterday ta thirteen days on
the chain-gang for being drunk. Quinn was form
erly a Clergyman, and was raised, and spent a good
portion of his life in New Enjlan 1. So it is ! The
person who cannot control his appetite must take
" the consequences, which arc sure to follow. We
had much rather, however, sec some of the ' three
thousand" who luive stolen the livery of God to
serve the Devil." in Ouinn's place and we don
know but we may confidently promise them safer,
if not better Quarters, if they 'll come here.
A Boston Mas Embraces a Neoho. On Saturday
night a man who gave his name as John Crosby, and
avlio IiailS Irom liosion, was peeu ju cjuac rauu-n-i
inn with a neero belonging to Mr. Maddox. A
policeman observed the pair, and saw Crosby
with his arm about the neck of the negro, and con
eluded to arrest tlie fellow, and Crosby was accord
irit- innl-rH im. He was before the Kecorder yes
tcrday and fined $10 for the embrace and received
. . - 1 -. T - ......1. .a.AAn.l.,s
BOme WnOtOSOlUe auniUIlUluira as in uui jji uirauu(i
in future.
J3X A M i N A TION
OF
- ' ON THE CHARGE OP
aa:xrmiE2ES:xisro-
G. POUND BXTER.
Personally appeared before
Justice or the Peace for Davidson county, Tennessee, Bakcxi. C
Kisthui. wio- makes oath that tbe folkxrlcg report of the evi
dence gitea in tbe case of tbe State r. Jluxn -A. Hau.,w
taken down by tin as a PhonoRTJpnlc Reporter, and Is correct
aid Impartial statement of ta tame "axcu. C. t astmah.
Strom to and ccbseribed before me th!s 3."Ui November, 1839,
W. D: JtoziKTiox, J. e.
fin the course of the examination of tins case,
the counsel for the defence proposed to introduce
the paragraphs from the Daily Xeics and TJxiox asd
American out of which the difficulty between Messrs.
Hall and Poixpexter originated, which being agreed
to were considered as read and before tlie Court,
For the better understanding of the public we will
introduce them here instead of inserting them in
the body of the proof. The Umox axd Asiebicax of
of Nov. 12th, in an article replying to an interroga
tory of the Aews, contained this paragraph :
Wo do not believe that the statesmen of the South
have ever held it immoral to hold slaves, notwith
standing the penior editor of the ..Vsim does maintain
that his newspaper the Republican -most truly
reflected the sentiment of the State of Tennessee in
1831," when it asserted that "the nature of things
the march of public oninton the voice ofrcliaionxix.
HAVE SAID WAT SLA VERT HC8T HAVE AN END."
The Daily .STeicr, four days afterwards, Nov. ICth ;
copied the foregoing paragraph, and replied to it
in an article of near two columns, containing among
other things, the following offensive paragraphs :
" The Lxiox and American is at its old trick of
garbling of suppressing a part, and a very materi
al part of the truth, for the unworthy purpose of
perverting tne words ana meaning ot a political op
ponent." The three last lines have
been cut short off, and unscrupulously suppressed
by tne uxiox akd American-."
mm tne oovious intent ot perverting our
words and meaning the Union- and American gar
bles the paragraph, and suppresses the fact tlie ex
pression by the Convention of the identical senti
ments contained in tne paragraph upon which we
expressly based oar statement, that it truly reflect
ed the public sentiment of tho State at the time it
was written I The fact every way justifies the state
ment to leave wnony out ot view tlie tact to
eonceM from its readers all knowledge of it and
to assail the statement based upon it, is entirely
cnaractenstic ot tno disreputable tactics upon
which tne union and American is conducted."
To which the Union and American on the following
day replied as follows :
The charges and insinuations against this paper.
contained in the leading editorial article in the Nash
ville Sews of yesterday, are utterly destitute of
truth. e cannot consent to carry on a newspaper
controversy with an editor who utters calumnies
against a contemporary trusting to the supposed
privileges ot age to shield lum Irom responsibility,
The Xeics of the next day contained the following:
A Card. Yesterday morning there appeared in
the Union and American the following paragraph :
'The charges and insinuations against tliis paper,
contained in the leadimr editorial article in the Nash
ville Xeics of yesterday, are utterly destitute of
truth. e cannot consent to carry on a newspaper
controversy with an editor who uttew calumnies
against a contemporary trusting to the supposed
privileges of age to shield him from responsibility."
The 'charges'' I made against the Union and
American in the article of the Xeics above referred
to. I established by undeniable facts then and there
adduced. I made no ''insinuations."
T.ie assertion that jl trust to the privileges of age
to shield myselt Irom responsibility lor any state
ments I make, is false and calumnious. He who
made tlie assertion trusts to the pistol to shield from
exposure the misrepresentations and falsehoods ot
the journal with which he is connected. That is
the plain cnglish of the matter. The shield he has
selected will prove insufficient for his purpose.
shall go on as I have begun, with a thorough expo
sure of all the misstatements, misrepresentations
and falsehoods which may appear in the Union and
American, and winch 1 may deem worthy of notice
fully able end prepared to protect my pci-son
ngaiust assault and punish the assailant.
Allen A Hall.
Tnimm! op ItEsrHT. At a called meeting of the
Nashville Tvpogronhical Union, No 20, held onTues
day night, December 20, the folio wiag preamble and
resoluttons were unanimously adopted:
Thp All-wise Dispenser of human events having
seen fit again to visit us with an afflictive hand, and
to remove Irom us an esteemed associaie, u Becomes
ii n suitablv to recotmize the melancholy event Be
it therefore
Resolval. That in the death of Mr. John Wessells
we sustain no common loss. Distinguished for up
rightness, ability, integrity, and the most scru
pulous fidelity in the discharge of every duty,
both to God and man. he was. in his sphere a
pattern ind t-xamplar to all with whom he was
. . . j l : . i :
flS-JOCiateu. LUiinniu", iuruuiw nig, jusi. uiinn-
table, and amiable in nil his intercourse with
hi business superiors, equals and inferiors, he
won and onjoyed the friendship and esteem of
!1 in a remarkable degree. In the closer and
tnnro rpnder relations of husband and father
i, -o-ni. nil that was admirable: just, affection
ate, watchful, wise; anxiously solicitous concern
ing' the weh'are of those whom God had given
1dm ; self-denying and unceasingly laborious in be
half of their interests, to which he ever sacrificed
Ma nvrn. Humble and unassuming in his deport
tnint he possessed a true worth which outshines all
the meretricious display of tlie self-seeking and self
nasortintr: and stood, in true ereetitude. "the noblest
rn,-t of God." AN HONEST MAN.
Resolved, That we sincerely sympathize with the
"bereaved familv of our deceased friend , and com
mend the widow and fatherless children to tlie care
of thp m-acious God w ho has in tenderness afflicted
the- ..... ...
Jitsotved, Tlt wc will unite in paying the " last
sad tribute of reopect" to our lamented friend, by
attending his funeral in a body, and by wearing
euitable badges of mourning.
II. F. ARMSTRONG, Chairman.
J. Plaxton. Hecivtary.
Tobacco. The Petersburg MeWgencer says: This
great 6taple product of Virginia is coming into our
market in immense quantities, anil just now in a
loose state prfacijffllly. It is always common for
this market to be supplied with loose tobacco to
some extent, from curing time in the: fall till Christ--raas-thc
supply being brought in, as a general
thine by those Jiving contiguous to the city, and who
raise tlie weed in comparatively small quantities.
But from tlie number of carts and wagons which
we daily see unloading at our warehouses, jt is fair
to suppose that such another crop has not been
niade in Virginia-ftt least ftr years past The price
iar the loose article is considerably depressed , ow
Jug, doubtless, to the great "'glut, ' and to the large
jcrep which has been made.
Jraoxir. Bonaparte, of Baltimore, who recently
(returned to d.f United States, has refusedlhe digni
trf Senator of Prance, offered to him by his fath
er Prince JpROVh, Mi order to induce him to remain
in France. M-. jI-ii-arte preferred the simple
jitle of American citiai to that of Senator of France.
After the effort intCe by Mp American branch of
he Boxataktbs to obtain re,cgjition as legitimate
imembers of -the Imperial family, tlie news of this
,-refusal will create some surprise.
Sale or Monet The sale of jUie ju;o&er of the
"Nashville . Building Association will take place to
jpight at the usual" hour.
Fridat, November 24, 18o9.
The preliminary examination of Allen A Halt,
on tho charge of murdering G. G. Poindexter, was
commenced to-day, before Justices Josiaii Ferris,
r. . .uaxet, ana John Uoltart. Attorney General
Bate, Hon. Andrew Ewnvo, and John Keid, Esq.,
were the Attornies for the State, and Ex Gov. Neil
a. IJrown, Hon. b. U. iwiNO, and Judge JounS. Brien,
Attorneys tor the uclcnce.
fVitnesses for tte Prosecution.
Mr. T. J." Seabury. Direct examination by Mr
Bate. My office is at No. 47, Cherry street, in Coop
er's building. Last Friday morning, between 8 and
9 o'clock. 1 was standing in my door ; while there
I saw a difficulty that occurred between Messrs.
Hall and Poindexter. I was coming over about S
o'clock, Friday morning, and went into the door.
My father and George Darden were standing in tho
door. I just stepped into the side of the door, stand
ing on the sill, some four or five minutes, I reckon,
previous to tlie shooting; presently I saw some per
son coming up the street and ina few moments I saw
Mr. Hall step out of the Xeics office, with a shot-gnn
in his hands. He held the gun, as near as I remem
ber, in both hands, just ready to raise it, and hallooed
" stop." He spoke very loud. I looked around
to see who he was hallooing to. I saw a little
negro boy running down tlie street and supposed it
was him. fresently he hallooed again, then 1 saw
two gentlemen ; one stepped up against the side of
the wall, that was Mr. venable; the other was
Mr. Poindexter. He had his umbrella up, rather
drooping as 1 thought As Mr. Hall hallooed the se
cond time, Mr. Venable stepped to the side of the
building. There was another gentleman between
Mr. Hall and Mr. Poindexter. who he was I don't
know. He went against the wall also. The second
time Mr. Hall spoke lis said "stop air ; " the third
time " stop I say," as near as 1 can remember it.
and upon that lie fired. Mr. Poindexter reeled about
half round and full upon his arm. The umbrella
fell upon the edge of gutter into the street As soon
as he tell, 1 remarked to my father, " I believe
he is killed. Let us go over and pick him up." Be
fore we got there Mr. Childress came out of his of
fice, and we picked him up. 1 then picked up his
umbrella with a pistol in it. (The umbrella, at the
request of the counsel, was then produced.) That
umbrella was above Mr. Poindexter when he was
shot 1 saw the umbrella tall out of his hand. X
picked it up. The stick was broken as it now is. and
the hole in it 1 then shut it down. 1 found a Colt's
revolver. It was laying in the umbrella, pointing
towards the wall, visible to those persons in Mi.
Childress' office. The pistol I handed :o Jlr John C
Thompson, soon after Mr. Poindexter was taken into
Mr. Childress' office, it was a medium sized c'olt s
revolver not a n.ivy, 1 think. Tlie pistol was not
cocked. 1 j udge the pistol was loaded, as i saw caps
on all the barrels. 1 took it up in the umbrella. The
umbrella 1 took in my keepmg'and kepttit unul tliis
time, and 1 found it in the condition it is now in.
Mr. Hall s appearance on the street first attracted
my attention. At that moment 1 don t know that 1
had seen Mr. Poindexter. What attracted my atten
teution was the hallooing. I expected there would
be a difficulty that day. As I came over I accidentally
heard of a pretty severe article in the Xews, but no
one had informed me of it then, and I was not thinking
about it 1 did not hear but one shot I did not
hear Mr. Poindexter say anything either prior or
subsequent to that shot. I judge I was forty feet
from where Mr. Poindexter was. At the suggestion
of Mr. Venable I measured this morning the distance
from the place where Mr. Hall was and where Jlr.
Poindexter was. I measured it as mgh as 1 could
iudtre. It was forty-three feet Irom where Mr. Hal.
was to where Mr. Poindexter was when he was shot,
He did not advance after he was shot. As near as
ran inde he was walking when ho was shot I did
not know he was the person Mr. Hall ordered
stop until he hollowed the second time, and 1 saw
Mr. Venable and the other gentleman hauling up
ncainst the sides of the house and lum walking along.
I did not know him and I had never seen him before
tht I know of. I knew Mr. nan. l cannot say ex
actly as to the interval between the commands. They
., in nuick succession. My best idea is that he
imiinwixl about this way. (The witness here repeat-
tin. words, in the manner Air. ilall uttered them,
a nr-nrlv as he could.) It was but a very little af
ter the '"-stop, I say," before the explosion nut more
than three or four seconds. It seemed to me tliat he
was raising the gun to his shoulder as he hollowed
"stop I say, ' and Iireu as soon as lie got tne gun
t a ioil. I don't think Mr.l'omdexter spoke at all
1 don't inow that I can remember of seeing any
ni.nn nrovious to U1C snoouns, ueiaiuse j. was not
anvthins? of the kind. I think I saw Mr.
r. r . ..- ,-.-7. .. i; .1,.. v.,- o;.,
liarrr, and .nr. r inner suuiuuij; uc c
thereabouts. The person leaning against tne wall
was about 20 or 22 leet irom .ur. xiau. tic seemeu
crowding against the wall. I did not see a pistol in
Mr. Poindexter 'a hand. I did not see it uutil 1 took
it up. He was not in full view as his side was to
wards me. his right side. I was nearly about oppo
site to him. I tfiink the umbrella was in his left
hand. His risht side was in full view. Mr. Darden
was near me and my father standing in the sauw
door. Mr. Darden was above me. l oon t Know
that all had the same view. I was standing a little
in tho rear of them. They were standing in the
door. There was no ousiructiou Between me auu
ih nnnosite side of the street 1 uui not hear any
f , 4 MH Ifoll ..-iM otn.i T l,n-i,t nntli.
mmn-L-R lieiunj -u. 4u rm oiuti, - ' ' .i.tt
, 'it-., nnv ouestion " where is he ! " I was
almost exactly opposite Mr. Poindexter. Mr. Poin
dexter was coming up the street towards the -Vum
,r,. ; aniith coing from the Commercial Ho-
""-' ---" . . t . A..c-,i.v 1 i-.,.
xvajvj
tel towards the Union and American office. 1 knoi
....., m- ii vwood's office is. Mr. Poindexter wa
on a fine between "- .. ......
American office, going irom , tnai mreci on towards
d,c iTvrnv ivi, Ameuican building, ihe place at
w,o.j." ii,,.li.ter fell was at a distance of
43 feet from tlie Xtics office, where Hall was
tanding. also on a line between the points mention
ed. Mr. Poindexter foil on the pavement The um
brella fell off the navement I did not assist in car
rying him into Mr. Childress' office. I assisted in
liiainti him un. and then Mr. Venable came up and
my father also, and 1 left him and picked up the
umbrella. There is one place in th umbrella that
looks as if a bullet had grazed the slick, and also a
holo in the covering. 1 had not seen Mr. Hall before
on that morning. It was raining, though not.
perhaps, very hard. The umbrella was dipping
over his face when Mr. Hall said "stop." I
don't know that I saw him raise tho umbrei-
from that position. I don't remember that
saw any motion of tlie umbrella before it fell ;
there may have been, but 1 was somewhat excited.
Mr. Poindexter died in a few minutes.
Cross-examination by uov. Urown. (At tne re
quest of Mr. Brown, Mr. Seaberry hoisted the um
brella and held it as he thought Mr. Poindexter car
ried it) Mr. Poindexter held it on a line with his
nerson. He was walking along and he did not stop
when he was told to'ftop, but was still advancing.
As soon as the gua wag-fired he commenced reeling, ,
but up to this time ho was still advancing. I thought
Ms coat-tail moved back and I thought he was mak
ing a motion to get a pistol, but 1 did not sec any. I
did not see him make any other motion. His side
wa? towards zae. I have lived ia this town allsiy
life. I know nothing of Mr. Poindexter character
except from rumor. People said he was regarded
as a dangerous man.
Mr. Bate said: We are- not prepared to admit that
thsro is any legal right to ask questions as to.cb.ar
acter in that manner,- but are willing to waive the
objection as we want the whole matter examined.
Direct examination resumed. J wasnctacquinted
with Mr. Poindexter at all. I know nothing of his
character except from rumors.
Cross-examination resumed. By rumors I mean
what people siii'. I have heard" a great many
say that I don'tkaow how long he has lived here.
I understand a couple of years.
Direct examination resumed. I don't know
whether the people knew him who said that I
don't know that it was his hand, but I saw his coat
move with his arm. immediately after Mr. Hall said
"Stop, sir!" the second time. Mr. Hall's gun was
right before him in full view.
Simeon Venable. Direct examination by Mr.
Bate. I saw the difficulty which occurred on
Cherry street, which resulted in "the death of Mr.
Poindexter. It was immediately after I had taken
breakfast, and I had taken breakfast rather late
that morning. I had no watch, and could not say
what tli hour was. I was returning from the Com
mercial notel. where I had taken breakfast, gom"
up Cherry streot on the pavement that leads br the
Xeics office. Mr. Poindexter passed me somewhere
about Deaderick street I don't remember the pre
cise point. He passed me on the right walking rap
idly. As he psssed. me, he turned his head and
spoke to me, saying "Good morning." I returned
his salutation, saying. "Good morning. Mr. Poin
dexter." That is all that passed between us.
The .idea rt a hostile meeting at that time between
him and Mr. Hall did not occur to me, or I should
not have been where I was when the occur
rence took place. Mr. Pcindexter continued, bavin"
passed me. to go before me on the pavement He
was going fast faster than I was, widen of course
threw him in advance of me. In coming up the
street I remember that I casually saw .Mr. I'oindex
t2r as I might see any other gentleman, going beforo
me on the pavement. But at the time the occurrence
took place I was walking thoughtlessly, carelessly,
at least so far as concerned Mr. Poindexter and Mr.
HalL The first thing that attracted my attention
was a pretty loud exclamation, "stop!'' I am satis
fied I was not looking at any man at the time that I
heard that exclamation, and if I was looking at any
thing, it must have beai the pavement. I raised my
head and I remember ookingdVectly in front of me.
I saw a man about the door of the Xeics office I
think standing pretty mucli in a line with me. It was
hat which attracted my attention after hearing tho
exclamation "stop!" He had a gun in his hands.
The moment I saw a man upon the pavement with
a gun, without waiting to recognize him, for
I cannot say of my own knowledge now, who
that man was; without hesitating to recognize
him. the first thing I did was to turn instantly
to my left and go to the wall; when I got to
it, I leaned against it, leaning my left side
against the wall, and then turned my face to
see what was going on My eyes were first
cast upon Mr. Poindexter. At" that tima the
gun fired. But whenl heard the exclamation "stop,"
as I was going to the wall, I heard another exclama
tion; Ithinkit was the name of Poindexter pro
nounced. I had a goad deal of difficulty in mr own
mind in regard to that thing. The first impression
that it left upon my mind was that he said, "stop,
Poitdexter." But on reflection it occurred to me
that the space of time intervening between the excla
mation "stop" and tbe pronounciation of thenams
"Poindexter" was too great for them to have been
coupled in the sim3 sentence. But these are the
words tliat I recollect, and as I think pronounced by
the same voice that said "stop." When the gun fired
Mr. Poindexter threwhis head forward bringing his
arms before his breast At that time his umbrella and
pistol fell. I would not like to undertake to say
much about the umbrella and pistol, except that I
saw them. My memory is at fault in rugard to the
umbrella I mean as to how Mr. Poindexter was
carrying it, and I am led to distrust it very much
when l know that I do not recollect how I was
carrying my own umbrella. I have some indistinct
recollection of Mr. Poindexter's having an umbrella
when he passed me m the street, but the first dis
tmct recollection that I have in regard to it was
when I saw it fall. I saw the umbrella and pistol
fall at the same time. The umbrella and pistol
falling were mere incidents of my attention. The
mam object ot my attention was the man. In look
ing at the man, I accidentally saw the umbreila and
pistol tall. He made the inclination that I hive men
tioned throwing his head forw.tr i and his arms on
his breast. When the gun was fired he was facing
luwarus inu man mat snot Whom 1 will call Mr.
Hall and I do not think that he changed his posi
tion immedi tely, but threwhis head forward, drop
ping the umbrella and pistol. After that he mide
violent spasmodic efforts stepping several times
upon the pavement he did not fall, as I before
stated, instantly upon the firing of the gun
nor when the pistol and umbrella fell. In step
ping upon ine pavement and macing the spasmodic
efforts that I ve mentioned, he came towards
me 1 recollect distinctly that I saw his face I re
collect distinctly that 1 saw his feet move. He fell
upon the pavement nearer to me tlian he was stand
ing when he was shot. In the efforts that he made
in his movements after he was shot, he moved down
tne pavement m the direction that I was standing.
tie did not fall heavily upon the pavement. He sank
gradually, coming down, as 1 remember, upon his
right side. When I saw him sinking in fhat wav I
approached him and assisted in carrying him into
.Mr. Childress' office, when he expired verv soon.
The main movement after the firing of the gun was
in the direction of myself. The first movement was
not in that direction, but was a mere convulsion.
was in a position against the wall of Mr. Ewin-r's of
fice, as well as 1 can remember, about the window.
I think I was perhaps standinzunon the cellar ilonr.
Mr. Poindexter was before me. standing to my right,
as nearly as I can estimate, for it is a mere matter
ol opinion, at an angle of 45 degrees. He was upon
the outside of the pavementnear the curb-stone. The
distance was tho width of tlie navement with tho addi-
tioroi the angle. The width ot the pavement is about
eicht or ten feet, I think it is a matter of opinion. Mv
eyes rested upon Mr. Poindexter but for an instant
when 1 turned my face. He passed me as well as I
remember about Deaderick street The distance
from Deaderick street to the place where he was
standing when shot is about twenty steps. I
don't know whether I am correct or not. That
is the place where he bade me good morning
and passed by. The distance from where Mr. Poin
dexter fell, to the point where Mr. Hall stood with
the gun, as Mr. Seabury and I measured it, was forty-three
feet We went to tho pavement, and meas
ured from tho points that we supposed they occu -pied
at that time. When he passed me, he turned
his face to his left far enough .for me to see him and
recognise him. My acquaintance with Mr. Poindex
ter was very slight, and I barely recognized him as
he passed. I cannot say what he was looking at I
did not see his face except when ha passed me. The
situation of the ground is uphill. I could not un
dertake to say the angle. I don't know the differ
ence in the altitude of the pavement where M r. Hall
stood and where Mr. Poindexter stood. The as
cent is gradual from Deaderick street up. The first
thing that attracted my attention was tho exclama
tion "Stop."' I raised my eyes and saw tho gun, and
turned to the leltto go to the wall. As 1 was going
to the wall, I heard the name Poindexter pronoun
ced by the same voice, as I thought. There were
two sounds that I heard. As I said before, I think
there was too much space between the two expres
sions to have been in the same sentence. They came
from the same position. The gun he seemed to have
held in his hands. What the precise range of the
the gun was I cannot say, nor the kind of a gun. I
heard but one explosion. I did not see Mr. Poindex
ter's pistol until it fell that nnd the umbrella fell
simultaneously. I cannot tell the position of his
right hand. I was to the left of Mr. Poindexter, and
behind him. He being in advance of me and to my
right, of course his bo.ly was between me and his
right arm. I cannot stite whether the right arm
was extended or not I did not see it When I heard
the exclamation, "Stop," Mr. Hall was in a line with
me, and Mr. Poindexter was to my right When I
turned my eyes they were withdrawn from Mr. Hall
and of course from Mr. Poindexter. What he was
doing from the tima I heard the cxclammation till I
heard the firing of the gun, I cannot say, because
my eyes were withdrawn in going to the wall to
seek my safety my position being rather an ex
posed one. I never heard Mr. Poindexter utter a
word not a word. I cannot tell whether he saw
Mr. Hall or not when he was shot I do not rcmsm
ber seeing any person thero when the gun was fired
except Mr. Poindexter. I cannot say that I saw any
person on the space next the wall intervening be
tween Mr. Hall and Mr. Poindaxter.
Cross examination by Gov. Brown.
As to the character of Mr. Poindexter for peace
nnd violence, I suppose that would depend upon
what is the test of knowledge in these things. I
have heard some persons speak of Mr. Poindexter's
character upon this point whether I may be said
to know his character would depend upon how
many opinions I should have compared-1 know
what those I have heard talk about him think. I
could form some idea of their estimate. How the
community at large estimate him, I could not state ;
1 know I have not heard a majority of the commu
nity sav- anything on that point I could give very
readily, opinions of those I have heard. Of the
opinion of tho community in general, I could not
speak. I never heard his character discussed in
reference to that point, except what may be termed
professionally. All that I have heard about it, re
lated to his difficulties as the Editor cf a newspaper.
I do not remember that 1 ever heard his character
for peace or violence discussed in reference to the
general concerns of life at all it always had refer
ence to some difficulty that he had as Editor of the
newspaper, bo tar as it relates to Ins vocation m
The width of thu street ih forty-nine foot. My at
tention was first called to the article in the Xews. I
was reading that,' and shortly after I had read it,
Mr. Darden came up and 'said there would probably
be a difficulty. While we were standing in the door
he'safd. there comes Mr. Poindexter now. As he
walked up. getting nearly opposite to where he was
shot, perhaps ten or twelve feet from it, I heard Mr.
Hall call out "stop!" , Not directing any attention to
Mr. Hall at the time, I did not know who it was. Mr.
Poindexter was about twelve feet from Mr. Ewing's
door. I then looked towards Mr. Hall and heard.
him sayagain,"stop, sir!" or something to that effect,
and Mr. Poindexter still advanced. He again called
to him to stop, but he did not. and Mr. Hall fired. I
heard him call "stop" three times. Mr. Poindexter
did not stop at all as I saw. He had his umbrella
spread of erliim. I couldnot see which hand it was
m. I thought he advanced a little faster a3 ho
was told to stop. It i a gradual ascension. I
suppose about one or two seconds intervened be
tween the last call and the firing. I don't know as I
could say distinctly about the interval between the
exclamations. I had not seen liira (Hall) previous to
that time, that morning. My impression is, he lev
eled the gun dp to his shoulder when he first ex
claimed "stop."' I did not notice the umbrella antil
after I had assisted to carry Mr. Poindexter into the
office. .The word "stop" was said in a very loud
and distinct voice. I did not-see any pistol at all.
He was going towards the UtftoN and American of
fice from tho direction of tho Commercial Hall. It
threw his right hand towards me. I was about forty
five off. There was nothing to obstruct my view, I
could not see his right hand, and saw no pistol at all
in the affair. I saw the the uinb'rslla subsequently.
My son took charge of it. I did' not recognize any
one that I knew but Mr. Venable then. There was
another gentleman in advance, but I did not know
who he was. I don't know whdther I was acquaint
ed with him or not I don't know that I saw any
ono in the door of tho Xeics office. My attention Avas
not directed to the door at all. I saw no persons run
ning about Deaderick street at-that time. I did not
hear any one say any thing like ''where is he." or
"he is at Dea lcrick stroet" I heard no exclama
tion, except the word "stop." There were four
perio.vs tnat I saw on that side of the street.
They were Mr. Hall, Mr. Poindexter, Mr. Venable,
and another gentleman I did not know. This oc
curred between S and Jt o'clock. I think, though I
don't know. I was nut personally acquainted with
Mr.Poindexter. I did nut kniw Mai when 1 saw him.
The umbrella when I saw it was not hoisted, after
my son got it. I stepped off the distance between
the two parties. I made it between 40 and 45 feet
I did not hear any exclamations from Mr. Poindex
ter. cither after or previous to the shooting. Ho vas
going when he was shot, moving a little faster after
the first exclamation. I cannot. stat3 whether Mr.
Poindexter saw Mr. Hall or not
Cross examination by Gov. Brown. There was
I nothing to prevent his seeing hiny" ' His fire was to-
waras mm. lie was going in tuai direction. hen
told to stop, he mended his pace.' Ho did not stop
at all till he was shot. . '
Direct examination resumed. ' '
He did not release his hand from the umbrella as
far as I saw before he was shot. I did not seo his
hands however.
Dr. D. F. Wright, direct examination. I was call
ed in to make an examination of -the body of Mr.
Poindexter after he was shot Imadosom'e exami
nations at the request ot Dr. Winston. I probed tho
wounds to ascertain which of the shots penetrated
tlie cavity of the chest and in what direction they
seemed to go. That was on the morning tliat he
was shot, as near as I can -state about half an hour
after lie was shot It was in the office of Mr. Chil
dress. I took a memorandum at the tima with which
I will refresh my memory. There were several
wounds in the chest, one in ths rieht side and two
or throe in the arm. I made separate notes of the
wounds. They seemed to be mad5 with buck-shot
or small bullet!. The first wound was a little to
the right of the center of the sternum or breast
none, just at ;no place where the third rib unites
with the breast bone. The probe passed broken frag
ments of the bleast-bone, going in and advancing in
anobligue direction towards tha right, and then
coming .n contact with a resisting body, no doubt
the heart It penetrated about two inches. The
second was rather more to tho right.at the junction
of the fourth rib with the breast-bone. The nrobe
passed fragments of bone, and ad vaneing in the same
direction, a little towards the rieht. Tkienetratins
good deal deeper, say some three or four inches,
naving met witn no resistance, f rom which cir-
cuinstmce the probe must have passed through the
the heart or else passed by it limit likely passed by
it. inu iiura wouua was just oeiowinilelt uiui rib
one inch from the sternum. The ball wounded tlie
cartilageof theflfthrib, without entering thatcavity
at least the probe was unable to follow it. The
fourth was considerably more to the right It was
between the sixth and seventh ribs on the riulit side.
about three inches to the right of the center of the
chest. The probe passed through to the opposite
wall of the thorax, entirely through the chest and
encountered a fractured rib ther . That ball doubt
less broke the rib, both as it went in and came out.
there were two other wounds, which did not pene
trate the skin, but merely bruised it. A bill was
detected near the skin on the back and a fracture of
the rib, apparently the same as detected in the wound
last descrioed. There were besides three gun-shot
wounas in tne upper surtaee ot the left forearm, the
larger bone of which was fractured. These are the
notes of the examination made by me in the pre
sence oi irs. iiasKins. ttmsion and .Mavneld, and
signd by all four of us. The direction" in which
the probe entered seemed to indicate tint the shots
came from a gun, fronting the deceased, he having
ins leit oreast a nine more advanced than Ins right
At the same time the shots took effect rather
more to the right than to the left Tlie left breast
was probably advanced, inasmuch as the wounds
semed to bo sloping from the left to the right The
leit arm must have been in the lront of the thorax
and the balls must nave come straight towards the
center of the breast though it is not always that
balls take the same direction after cnterine the body
. .. .. .. ..... ... . . -
as when ther striKe it it the balls that made th:
contusions had come point blank, they probably
would not have made that appearance unless some
thing had waided them off. All the wounds indica
ted ihat Mr. Poindexter" was standiii'r with his left
side towards the gun. One of the bullets that went
into his arm. doubtless afterwards entered his chest
We did not open the cavitv of the thorax and so did
not find any balls within it. Wo found a ba'l in the
back but did not extract it. The ball was r.( t larger
than a good sized buck-shot or small bulle'. Th y
all indicated the same thins. There w re nine
wounds altogether that we could identify : .,.. that
did not imply nine outlets, for one, or possibly two,
that struck hu arm entered his chest There must
have been from seven to nine bullets to make the
wounds. I was acquainted with Mr. Poindexter.
He was a small man, not more than five feet and
six or eight inches high. His weight would be un
der 140 pounds. I think it would iiMt be much more
than 1(H) pounds, though I am not a judge in these
matters. His health has not been very good for some
time. As physician I had attended liini. He had
some inflammatory disease and was in rather a 1 .in
state of health, as I had been dieting him. He hid
no hemmorragesjunder my charge. I have known hi n
very intimately for the last six months, but not
much before that time. I lived in the same buildicir
with him. I kn jw his character for peace and vio
lence irom reputation and Irom a good deal ot '.ntcr-
f onus of ths-m are evidently double. Tha right arm
was nat injured, and ho holes appeared on the light
Bide of tae coat.-
Nocroisex'amlnation, .
The Cjart,adjourned to to-morrow' morning at 9
o'clock. i-,'
-.' . SECOND DAT.
f . Sattcdat; Nov. 2C, 1859.
r The Court met, pursuant to 'adjournment, at nine
o'clock.
s . John CThompsoiir- sDirect-.cxamination by-"MrT
A. Ewing. I did not see anything of the killing. I
ent into jny omce about a quarter to nine, ily of
fice, is the next door to Mr. Ewing's office, and has
two rooms, one of which Mr. Childress occupies. I
hid just come into it. when 1 wa called to tlio floor
'by the report I did not know until afterwards
that it was. a gun. It sounded very like an over
charged pistol. I went to the door and saw Mr.
Poindexter in the act of smiting over and falling to
the ground. He seemed to me to be manifestly dead.
I was about to run out and help hirrf, and saw two
or three persons doing the same thing, and went
back, knowing he would more likely be encumber
ed with assistance than not have enough. I S3W
ther must pick him up and carry him somewhere,
and thought they would bring him into my office, and
so pulled forward a lounge and cleared it of books,
and just then they entered the door with him. Dr.
Watson entered the door with him, and I commenced
trying to keep tho crowd out. I thought there
might be some life in him. though it was manifest
from the way he fell that he was dead. I found it
was impossible to keep the crowd out. I did not
f 1 lVi .p0-ndexterat all, thoughl was within a few
feet of him. I went into my back room. Tlie
crowd was very large in a minute, and contin
ued to pour in. , He fell in the way a live man
could not fall. He fell as a cut rope would fall.
His rieht hand went Up to his face, but I am sat
isfied that it did so simply from the act of fall
ing. I have a pistol with me; I was told to bring
it I have not altered it in any way. It has been
nut of mv possession, but I am satisfied it has not
been altered. It was not cocked when I got it
1 here were caps up-m the barrels. I took it under
a misapnrehension. supposing it had been fired. I
locked it up at the time, and then went back to it,
an I found it in tliis condition. I did not take the pis-tollromtlii-
ground, hut took it from the hand -of
Mr. beabury. The death occurred in this county. I
took the pistol, thinking it was John Hall's pistol; no
one seemed to have seen it I have a very vague
recollection of an umbrella, but cannot say that tho
impression was not made from afterwards knowing
that he had one. Mr. Poindexter fell about three or
four feet from Mr. Ewing's door, close to the curb
stone. His face fell inwards. I thought at first lie
had been shot by a person in Mr. Jones' grocery, and
was facing it at the time. He was about hrlf way
down when I got to the door. It Vas about two sec
onds after the shot t!iat I came. He was in the act
of sinking when I got there. 1 have no.doubthe
died from that wound.
Cross examination by Mr. Brien.
I am acqnainted with pistols. This is a Colt's pis
tol of the second size, and a dangerous weapon in a
fight A man could be killed with it if the ball
Rtruck him in the head, at a distance of 00 feet.
That would not be the best distance. It would be a
dangerous weapon at 40 feet Of my own knowledge
I don't know whether the pistol belonged to Mr.
Poindexter or not I don't know from Mr. Poinder-
ter to whom it belonged. Mr. Cunningham of the
State Bank claims it.
Mr. Thomas Quinn. Direct examination by Mr.
Bate.
I lire In nart comity. Ky., and am a Railroad con
tractor. I was in Nashville on Friday morning last
week. Isawths shooting tnke place in town that
morning. I was coming up the street on Friday
morning between eight and nine o'clock. It was
raining and I had an umbrella in my hand. I was
coming from Deadrick street towards the Bant.
As I got near the Xeics office, a gentleman came
nut without coat or hat He said, "stoo." He
held in his hand a double-barreled shot gun. I step
ped nut on tho curb. As soon as I got out of tht
ransra I heard a shot, and saw a man receive the
contents in his breast. About four seconds after re
ceiving the shots, he reeled and fell, on the left side.
I did not know either party.. I heard him say tlie
hui-ii snip anu pcrnaps more man that I was
about six paces below the gentleman with the gun,
between the man that 8hot and the man that was
shot 1 believe 1 had on a shawl and cap, bntdrcss
ed otherwise as I am now. I was between the two
parties, nearer the man that shot than the man shot
at. l know where the Aeics office is. I remember
ed it at the time. The elderly gentleman with th
guncame out of it He had gray hair. I could not
swear to the gentleman though I believe thathe (Mr.
Hall,) is the man. He first held the gun in both hands
uejore mm. and l aid not have time to see how h
raised it. 1 just got out of the way. I don't suppos,
it occupied more than three seconds, if so long, bp-
lore the gun was tired. T he gentleman who was shot
fell in a few seconds after. He seemed to throw his
neart lorward, and tell on Ins left side. I was not
looking at the gentleman when he was shot. I look-
el back, and saw lum when he received the shot,
anl saw a piece of white paper, the waddimr of ths
gun, fall from his breast I did not notice anytiiing
lie had about him, tor 1 began to tremble when he
was shot. I saw a man take the part of a broken
umbrella handle out of the gutter. I did not sec the
u'nb-x'lla before he tell. I did not notice enough to
s;e wnat lie was amn when he was shot lie seem
e I to lie moving slowly or stopiiin-r still when he re-
csived the shot. I did not go up to him whan he was
shot until he was picked up. I saw a man pick up a
pistol. It was outside near to the curbstone. That
was the only weapon I saw, except the double-bar
reled shot gun. I did not see either pistol or um
brella until after he was shot I was "oins to ward
Union st-ect I turned as the sun Arid anl faced the
oniiding intenJin? to sisrht alousr the sun to seo
where he was to shoot I was five or six decp.s from
the gentleman that had the gun. perhaps less. I
moved risht quickly out of the way. 1 supposed at
iirst no auuros.edin. nut instead ol stonmn-r 1 trot
out of his way immediately, and saw .the man re
ceive the contents ol the gun. X think the time be
tween the calling and the shooting was about three
seconds.
No cross examination.
Dr. Geo. Smith. Direct examination by Mr. Ew-
inr. .My office is near the Xeics ofhee. I was at
home o.n the moi-ning .Mr. Poindexter was killed.
he nil Bomibody hollo win? m the street I could
not exactly tell what was up. A moment afterwards
I heard a gun fire. I ran to the window and saw
some gentlemen taking a man into .Ur. Childress' of
fice, and saw some standing around the Xeics offiee
door. I did not see Mr. Hull. I have seen tho mm. I havo
it at my omce. it ua double-barreled bird shot gun;
tbe other barrel is not now loaded I think. It was load
ed when l got it. I ran the ramrod down it and mn.nr.
ed it. It had arharsre of about two inches. I took- thn
pun Irom the offica. I don t know when the
charge was shot oil. It was there for a day or two,
1 don t Know who shot it off. It was done without
my knowledge. 1 was not instructed to keep it as
it was. I kept it in my back room. It has been shot
within Xho last day or two. I presume. I know no
thing of tha loading of the gun. My belief is that it
belongs to Mr. James Fisher. He is book-keeper
in the Xeics office. I have often seen the gun before.
i presume. 1 did not see the gun brought there. I
him. with a vw of interesting myself in him. Ho
wm A vprv tine scholar, flnri T r:u ft wrr nnnn nnn
so that it was to my interest to cultivate him. Hel
was retiring in his manners. I never, that I know!
of, heard hii character called in question, as a pug-'
nacious man. He was remarked as & man retiring
in his disposition, and peaceable in his relations with
the community. He wa very diminutive In his
size. That may have hid something to do in sug
gesting tha idea of his being pugnacious. J. neveri
kaew of his naving a difficulty, with but one exceprj
tion. He was very respectful to the old, gallant toj
ladies, and wonderfully affectionate to children. B
would make this remark, that I learned that his re-l
tiring habits grew out of the fact that he saw very
badly. 1 understood tnat ne was yery mucu near-
sighted. a
C -nmtnt:,,n Til- U, TP TX V-nTiTKy I
I never heard his character discussed in regard to
peace and violence, except since ho has been in
Nashville. He was very retiring and taciturn in his
manner rather than quick-tempered. I had but little
opportunity to know whether he was sensitive or not.
I never saw anr display of temper, and don't know
how much it woutd take to arouse hirn. He was cour
teous and polite. He was always considered as
hlaml. aflhfr and nolite in his intercourse with his
fellows. I have st'en some polite men who wers
daniremns. I have heard that Gen. Jackson was a
nolite man. thoughl never saw him. I don't know
whether politeness and gallantry is a part of chival
ry or not I am not acquainted with those matters.
I never saw Gen. Jackson, but he bore tho character
of being a courteous, polite and bland gentleman.
I should not think that detracted anything irom tne
danger of a man's character. I was acquainted
with Mr. Poindexter as a member of the bar. He
had not a great deal of practice. He was engaged
in politics in 1852, which seemed to draw him from
his profession. lie never acquired any considerable
practice in the Circuit. He wa3 not brought re
markably in collision with the members of thef bar.
He lived at Clarksville, however, where the Court
held the longest sessions. He had a difficulty with
Gen. Hornberger, I heard, but 1 did not witness, jt
L know nothing of that difficulty, except from- in
formation. I have tried to lead Sir. Poindexter out
on tho subjectof the difficulty, but I never succeed
ed. He was not a boastful man at all. I was inti
mate with him. I don,t remember that I ever heard
anything that was calculated to bring out his tem
per. Direct examination resumed.
He was engaged in, politics then. He was elector
iu the district, and canvassed pretty vigorously, and
was brought in collision with all who chose to speak.
I believe I have not heanl'a political'speech; in ten
years, and don't know what .temper' "was displayed
in the canvass.
Cross Examination resumed.
If he had any political difficulties on tlie stump, I
did not know it T1 ' t S I; , '
CoUCave Johnson. -'Direct Examination Tby Mr.
Ewing.
I have been acquainted with Mr. Poindexter for
several years. I ha vo resided here for tho last six
years. I knew Mr. Poindexter in Moofcjomery. I
have known his family for several years. 1 was not
acquainted with him till he went to Clarksville to
practice law. I knew him well there, and have known
him ever since. I knew his character for peace
and violence there and here, as well as I know any
one else. He was regarded in tlffe community at
Clarksville as as mild, amiable, and unoffending a
man as any in the country. He was polite and amia
ble to everybody : but upon questions affect ine his
honor and veracity, he was very sensitive exceed-
ingly so, and, perhaps, I may say, remarkably so ;j
but as to his being a quarrelsome or dangerous man,;
he never had any character ot that sort 1 think he.
maintained tlw same character here, except as to
questions which arose between editors in matters i
ot veracity, lie was very brave and firm, at the
same time he was a man who did not involve him
In all such difficulties ha was verr-neariV tn fr.
give, when satisfied that ho -was wrong. He was a
man of a great deal of magnanimity and was cau
w t ne "S1-' before-taking offence.
Dr.W. L. Marr. Direct examination by Mr. A.
Ewing. , ,
I have known Mr. Poindexter six or seven years,
in Clarksville and here lately. I came here twice
on a visit, and staid with lilra a week each time. I
know him as well as I know anybody. He was al
waya a very quiet, respectfal.mantoeeverybody
especially to old gentlemen aniTIaHiSr "He was one
?-the J0it 1uiet and retiring men I ever saw in my
life. I never knew of his having but one difficulty,
before he came here.
Cross examination.
Idiave-heatd a good manygentlemeripeak of Km
each Umo I have been here. I heard of his having
two difficulties here. I saw it in the papers. I
have heard him talked about a good deal, since his
death, but not before that time.
Layman Freeman. Direct examination by Mr.
Bate. J
1 was near the spot when this difficulty occurred
last Friday week. I was on the oppposito aide of
the streetfrom where the difficulty occurred. I was
going towards the Union building. I was going on
but heard the word " stop," articulated, and I turned
.wtiuuu,iiu auw we gua raiseu. and then my atten-
aonally acquainted with either of the parties. There
wero but a few seconds intervening between the
word " stop," and the firing. I turned around.-and
as I turned, the gun was raised and fired. By the
pointing of the gun it directed my attention to whom
it was aiming. I did not see Mr. Poindexter, until
the shot struck him and then he was careeninsr to
ll wards me, and fell. Tsaw that he had an umbrella
in his hand. I saw no pistol about him. He was in
full view of me. I don't know tho exact distance I
was from Mr. Poindexter perhaps 100 feet I saw
nothing in his hands but the umbrella. I don't know
the position of his hands. He was standing when
he received the contents of the gun. He was in the
act of falling when I first saw him. Ho foil slowly.
He had the umbrella still over him when I saw him?
Bl did not see what became of Mr. Hall. I saw the
gun but not the man tliat shot it.
Cross e-xaoiination by Mr. Brien.
The explosion of the gun called my attention to
tho man that was shot I saw Mr. Poindexter in the
act of falling. That was the first I saw of him. I
did not sec him till he was shot He was standing
rather sideways to me when ho was shot He was
careening at tho time when I saw him. I don't kno w
precisely what position he was in at the time he was
shot
John L. Riee. Direct examination by Mr. Bate.
I was on Cherry street in my room when this dif
ficulty occurcd. -'My room is just above Mr.-Ewing"4
office. I knew nothing about it till after Mr. Poin
dexter wasshot I saw him staggering and falling,
I heard a loud peremptory voice, and immediately
lifterwards the firing. I did not hear the word, to
(tell what it was. It all came together ; one imme
diately followed the other, I heard but one voice.
There might have been something beforo that which
I did not hear. My door was shut, and the windows
were down. I suppose I should not have noticed
the voice at all. had it not been for the report f
went to tho window and saw .Mr. Poindexter stag
gering. He was takeu into Mr. Childress' office.
ro cross examination.
Mr. T. F. Kendrick. Direct examination by Mr.
rate.
I was on Cherry street last Friday week, when
Air. Poindexter was shot I was standing at tlie gas
office door. It is in Cooper's building, about thirty
feet from Deaderick Alley. Mr. Poindexter was
about in front of Andrew Ewing's door, in fnll view
of where I was standinz his back and right side
being towards me. I suppose I was about BO feet
office" then conversation for the moment between
us ceased. I finished my breakfast and turned in
my chair ami comnenced reading the newspaper I
had .been reading it some few moments when Mr.
mndexter asked me if I was nearly through. 1 told
him I was. He said, when you are through I want
to see you. 1 KOt up then, and he also, and toct me
by the arm remarking. I don't know Mr. Hall: have
W objection to going with me to his office. I
t - JSL?.?? 1 was $'lBS down town any way
tohuyanaSttla. r expressed some surprise that
he did not know Mr. Hall, and went on to describe
him as well as I eeuM. About that time we Lad
cae to tlie steps that lead directly out into the
street, when I told him I wanted to go into the hall to
.see yrhA time it wa a 1 1, to open tbe House at an
early hour. We pas! through the hall and came
out upon the street It framing prettv hard.
He raised h umbrella. whM .. . "t
fandbothof our sIwaltter-9 wer (fetti-o-wet He
---""-- "" - ia aa over-coat. as lu
sha-A l was unhandy. I made some remark about
having a -pod one .myself, and not raring for the
rain ; which he cut short by asking Wnshe 00ht
to do lurther. He saul -lam debating vr I am pes
tered in my own mind what I shall do with Mr Ilall
when I see him. wliethw I shall slap him with the
open palm of my bant or with roy umbrella." I
remarked to 1dm that if he contemplated anwhinjr
of that kind, he had better go prepared for what
might come after. Ilk reply was. -I have the pis
tols which were given to me by a gentleman, whosa
name it is not neces;ary to meation. yesterday." By
which time, tlie rain interfering somewhat with our
conversation, we had got to the. corner of the treet
near the Fust-Office. ami be remarked. "I want to go
to rny room com wfth me."' We passed over, and
as we entered the Post-Offiee building, he requested
me to wait in Gen. Anderson ' room until he came
down. He soon returned, awl at he came down ho
beckoned to me with his umbrella at least 1 so un
derstood it He lad left off his shawl, and it is nyr
impression he Imd elianged his coat in that time. We
course I have had with him latterly, especially hav
ing discussed questions relating to difficulties he had
been in. I should not say that Poindexter was the
man to provoke a quarrel very much the opposite.
He was the man to take it up when one was ten
dered to him. That is a matter any one can judge
of. I have more than once discussed this question
with lum. I have heard him spoken of lately. I
suppose every one in town lias given an opinion. I
regard him as a peaceable man. He was peaceable
so far as not to be the man to provoke a quarrel, but
he would not retire from one.
Cross-examination by Gov. Brown: If he thought
himself insulted, ho would undoubtedly seek repar
ation, even ut all. risks to himself personally. think
he would give his opponent a fair chanje. No risk
to himself would prevent his seeking reparation. I
think he was disposed to judge of his own case ra
ther than confide in the iudementof his friends. Hn
would not follow his own inclinations, but his own
judgment I made no remonstrance with him in
regard to this case. When he regarded himself in
sulted, he would pursue the object without regard
to personal safety. He would abstain from provok
ing a quarrel, but would pursue any quarrel forced
upon him to all lengths. I do not say that he said
this, but it is what I infer. He was sensitive to kind
ness and unkindness.
Direct Examination resumed: I think he felt
acutely anything done by others in which he was con
cerned, whether it was friendly or the reverse. He
appreciated a friendly act highly and frowned upon
a wrong that was done him. I don't think he was
capable of taking an advantage of any man. He
would rather resign his own life than to do so.
Dr. John D. Winston. Direct examination: T 1ivp
been acquainted with Mr. Poindexter now for seven
or eight years. Wcare related dis tantly.His father and
my father were sister's children. He was a small
man, and I don't suppo&e would wei?h more than 110
or llo pounds, l have not had the charge of Mr.
i uinueAier s neuiiii, nnu couui not tell what his gen
eral health was. I was present with his body, both
a little while before his death and afterwards. On
Friday last. 1 was sitting in my office alone, just af
ter an early breakfast, and I heard the report of a
gun, but it did not attract my attention. I saw some
excitement across the street and went to the door,
and Dr. Mayfield, my next door neighbor, came'
along, and seeing the excitement at Mr. Childress'
door. I asked what it was. He said be did not know,
and proposed togo and see.butldeclirel. Tho excite
ment seemed to increase. He asked me again to go
with him. I told him I did not wish to go, but as
the excitement increased, Mr. Barnes passed by. I
inquired of Mr. Barnes what the excitement was.
He remarked that Mr. Hall had killed Mr. Polndev-
ter, anl said ' Hurrah for Hall." 1 made my way
iu uic iiiiiee auu euiereu me room. iur. iroinilerter
life, 1 think I have some knowledge of it The only I was unconscious, and in the act of dying, and died
business he was encaged in was that of Editor the
opinion of his char.ii ter was formed in reference to
that business alone -i objection wis made to thu
statement of his opinion on tliis point, but was over
ruled.) Ihe impression made upon my mind by
fl-iose whom 1 have heard .-onverse uiion that sub
ject, was. that Mr. Poindctter was tensitive; that
lie was punctilious : that he was brave : and ready
to tight whenever hK el-aracter was injured, or he
thought it affected in any way. He was a man of
high character, and of groat personal courage, and
ever ready to light That perhaps, is as good an
idea as I can express, of tin. impression made upon
my mind from the frequent conversations heard
upon that point. ThU conversation related jrencral-
ly to some difficulty that he had had with an Editor
of a newspaper, and to the manner m which he had
borne himself in the hostile meeting.
Direct examination resumed:
He was a man sensitive when his character was
involved. He was punctilious in this resnect and
was a man of great physical courage. These are
about the impressions that have been made upon my
mind in reference to that matter. As to his general
character I have heard much more since his death
than I had ever heard before. As I have beforo
stated my acquaintance with him was very limited.
All tlie conversations that I have heard were in re
ference to his professional character.
Mr. John JL beabury. Direct examination by Mr.
Bate: I am engaged in tho water works business.
and have no regular place of business. I was at m v
i i i . , . . . . -
son s piace oi ousiness last r riuay morning. X saw
the difficulty in which Mr. Poindexter was shot Mr.
Georce Darden was standing by mv side, lcanimr
against tlie other side of the door where I was. I
was standing on tho left hand side of the door and
Mr. Darden on the right hand. That was directly
onnosite where Mr. Poindexter was shot It was
just acrosa the street, distant about forty-five feet
in two or three minutes after ! mr ilmm
H ! . ".v.
nr. n ai3un was over mm. i ne room was
crowded with gentlemen. I examined the
wounds. There were two of the wounds in the
breast-hone, one a little above the other, near thn
junction of tha third rib with the breast-bone, and
one a little below it There was one just opposite
tne -suio oi tne ureasi-oone, Deiween one and two
inches to the right There was another just below
the nipple, and two impressions on the skin. There
wero four appearances on the arm, but as I ascer
tained, two of them were made by tho same bullet
passing in and then passing out Ona fractured the
fore-arm. There were nine in all. I stated beforo
the Coroner's court ten, but two of these wero made
by the same ball. One bone of tho left arm was
fractured. The wounds incline slightly from the
left to the right They were not very laree such
as a buckshot would make. The ball passing in on
the right ide, and tho only ball on tha right side,
went through, and there was a rib fractured on the
opposite side, and the ball could be felt under the
skin. I have in my possession no balls tliat I ob
tained myself. I have two that were picked up in
the room. After he was dressed, I ordered his
clothing to be taken to the Vsios axd American of
fice. When I went home at night, my family remark
ed to me that there were two shot found on the floor.
One foil out of the wadding of his vest, and the other
wrrc picked up on tlie floor where his clothes were
laid. I have the shot here. Ho evidently diedof these
wounds which I have described. (The vest and coat
of Mr. Poindexter were here produced.) These aro
matters which attracted my attention very little and
I cannot identify the vest I was not at home when
he was undressed. I suppose it to be the same vest
There is one ball in the vest now. (Tlie ball was
taken out and handed to the Justices.) There are
about six holes in the vest There are eight holes'in
the left sleeve, and six on the laftlappel or th coat
was told when it w.14 linntifrlit- tl.no XI. v;Dl,n.,
i (Court told him not tell what Mr. Fisher said.)
ur. risher resides at his mother s house on High
street. I know nothing of the preparation of the
gun previously. I knew nothing of the use to be
made of it that morning. The first intimation I had
of it was the use of the gun and some one hollow
ing in the street Mr. Hall was in the room when I
got the gun. It was the room up stairs.
L,ross Examination.
I was acquainted with Mr. Poindexter. I could
not state as to his character for peace and violence.
I have heard him spoken of; some say he was sensi
tivo . some that he was courteous ; somo tliat he
was quarrelsome.
Hon. Jordan Stokes Direct examination by Mr.
Ewing.
I nm acquainted with Sir. Poindccter. Have
known him for a number of years. I could not say
that I was intimatly acquainted with him. My ac
quaintance with him began several years ago. He
resided near me. He taught school two sessions in
my town, in an Academy there. After that he went
to the Law School. It must have been seven or
eight years ago. I do not remember that he formed
any character for peace or violence whilo there. I
havo two boys who went to school to him. He was
regarded as a quiot, peaceable, orderly citizen. I
may remark also, that while there, he was regarded
as one who would not permit any insinuation against
his character. He was sensitive upon that subject
I do not know that there was anything occurred du
ring the time he taught there. I havo not so dis
tinct a recollection about his being at the Law
School. He afterwards went to Montgomery coun-,
ty, nnd, I understood, afterwards to Washington
City, and then came hero. After he left there I can
not say I was familiar with his character. lie
taught in the Academy in connection with a gentle
man by the name of Pike.
Cross examination by Sir. B-icn.
I have been here for a month or two. I have
heard his character for peace and violence occasion
ally discussed. The gentlemen whom I have heard
speak of his character here, occupy mainly a
certain position, so that I would not like to speak of
his character from that alone. It has mainly grown
out of the recent difficulties. I would not like to
speak from that alone, for I havo had no opportuni
ties to hear others tilk. I have certainly formed
an opinion, but in that opinion ft Ls possible I may
do him injustice, and I would not therefore like to
speak upon the knowledge I iiave. I prefer saying
nothing upon the subject with the limited means I
have had to form an opinion. Those whom I have
heard have been mainly opposed to him in noHties,
I could not say tliat I formed a just estimate of the
opinion ot the community upon that subject I do
not remember that I have conversed with any one
of a contrary opinion to the gentlemin I have sug
gested. I have, before I came here, heard him
spoken of during the last summer by gentlemen of
both parties, out uiui wuiuu ue too remote to De pre
Rpntml here. (His giving the opirion he had formed
here wa objected to, because it was formed from
conversations with gentlemen oppposed to Mr. Poin
dexter alone. 'iheJiisuces decided, that if the witness
knew the general character he should state it If
he said he did not, he should not rtate it Mr: Stokes
aeain sUted the sources of Ins opinion, and aftermuch
discussion, it decided tliat he must state it
My opinion.denved in the manner m which I have
stated, is that Jir. iruiiiueAier was a uangerous ni3n
in a conflict or difficulty. Tliat was the opinion tlyit
I had derived irom me sources ot information, to
which I referred. Ho had a reputation of being a
dangerous man. 1 am acquainted with the general
character of Allen A. Hall, I have known him since
18.1S. I think I know his general standing for peace
and violence, I think he is regarded as a very peace
able and a very quiet man.
Direct examination resumed : Idonot regard him
as a dangerous man in a conflict
.Tud"-e W. W. Pepper. Direct examination by Sir.
Ewing : I have been acquainted with Sir. Poindex
ter for several yoars. I don't think I can tell exact
ly how lon When I went upon the bench of the
circuit. Mn Poindexter was there. That was in 1852,
I had some acquaintance with him before that,
perhaps. Sly acquaintance with him has been inti
mate. He practiced law on that circuit, before me,
for a number of years. He was in all the counties.
Wo rode together, ate together and slept together.
We were together as lawyers are. and perhaps a
little more, as that circuit has the reputation of be
ing very social. I do not know his general charac
ter in this community. I know his character up to
that time, when he left there to go to Washington.
It is not more than two years ago. . '
Sly first notice of Sir. Poindexter was of being a
yerv retired-studious, taciturn, say-nothing young
man so much so,that I occasionally approached
involving his veracity.
Cross Examination by Sir. E. n. Ewing.
Ho was regarded as a quiet, and rather
retiring man at Clarksville. lie was exceedingly
sensitive, and perhaps morbidly so. I came to that
conclusion, after he came to Nashville, from the na
ture of his controversies here with the editors. He
was a bravo man, and sensitive when his integrity
wa3 impeached. He was not regarded as a dangerous
man by his friends, and would not take advantage of
any map. lie nad the strictest sense of honor, and
would put any man in a position of entire equality.
It is likely he would attack, but would give his op
ponent a tair opportunity lor detence. lie would
self in questions with anybody except in questions from him. As I came out of the door, I saw Sir.
y foindexter on the opposite side of the street, and I
thought 1 would watch lum. He went as far as 31r.
Ewing's cellar, and I saw Mr. Hall come out and
hollo three times I did not think Mr. Poindexter
took any notice the first time, and after the third
time Sir. Hall shot Sir. Poindexter had his head
towards the ground. He had an umbrella,over him.
He was walking moderately. 1 was not really ex
pecting a difficulty. I knew Sir. Poindexter and
Mr. Hall. His (Mr. Poindexter's) attention "seemed
to be attracted about the second time. I think Mr.
Had then said, "Stop, sir!" Sir. Hall said, 'stop"
three times, 1 think, though I could not well distin
guish. It was said in quick succession. I could not
u 1
have attacked any man without regard to his per- 1 tell how long before the firing after the hist excla-
sonal safety, who had injured his reputation. I nev- R mation perhaps two or three seconds. I think Mr.
er heard of any difficulties, except wi'h editors of
other papers, squabbling about questions of fact or
Questions of integrity. I don't know of but two oc
casions with the editors of the .Banner and the Pa
trio'. I don't know of any ether prior to their diffi
culty. He went with Gov. Brown to Washington, in
Starch. 1857, and remained about a year, and came
here, I suppose, in 1853. He had beenhero les3 than
two years. I heard he had a difficulty with young
John Hall just before this, I think he was a man
who acted pretty much upon his own judgment and
vas not likely to be influenced upon questions affect
ing his veracity or honor. I had not tried to dis
suade lum from this difficulty. I knew nothing
rx V.AA.i f ?t tt. ,.ul, 1 na T cTimild li-ro fin nr. on
Sir. SfontiFomorv Davie, of Clarksville. Direct ex--!
animation by Sir. A. Ewing. lhave known Sir. Poin
dexter for the last eighteen or twenty years. J have
resided in Slontgomery countv for the last eight or
ten years. I was raised with Sir. Poindexter in
Christian county, Ky. I have known him intimate
ly. He never was looked upon as a violent man. I
went to school witj him. As a school-boy he was
always considered as rather diffident anything but
a violent man. He was a hard student He was
quito a peaceable and quiet man. I made a political
canvass with lum, and spoke some eighteen or twenty
times. I havo been in the habit of coming to Nash
ville frequently.
Cross examination.
I never beard his character discussed as to peace
and violence, except recently. I always looked up
on him as a man of peace. He was a man of un
doubted courage. lie was a man who would not
brook an insult, at the same time he was a man as
far from giving an insult, as any man 1 ever knew.
I have not mixed much with the citizens of Nash
ville. I don't know his character here, of a recent
date, I was here frequently in 1858, but not much
since. (Tim question Have you not heard tliat he
has had frequent difficulties of a sanguinary nature !"
was :isked, and objected to. me objection was
overruled.) I have seen it in the papers, and heard
something about it, though not much, except what
was in the papers. Still, it bas always been my
opinion, and was, up to his death, that he was a
peaceable man. I have been absent from the State
about a month, but have sern these difficulties in
the papers, and have heard something about them
fcom others.
Sir. Calvin Jackson. Direct examination by Sir.
A. Kwing.
I lived in Wilson county, and moved to Nashville
last January. I first knew Sir. Pojndexter in 18."1
or 52. He "came to ray house to live. He resided
there between two and threo years. I knew his
character in Wilson for peace and violence. His
character there was that of a verv peaceable man.
1 don't think he had a difficulty while he was there.
I have known him since ho resided here. I havel
known him intimately, up to the time of his death
from the time 1 came here, ills character herd
was that of a peaceable man. But if any man res
fleeted upon his honor or veracity, by publication'
or bv word, he would havo compelled him o fight,'
Jir retract, or do something of that sort He was
prepared to repel all attacks on his character. He
was a very sensitive man to the rights of others, as
well as to his own as much so as any man I over
saw in my life. He was near-sighted. I have no idea
of the distance at which he could distinguish accu
rately. 1 don t, of my own knowledge, know
whether ho knew .Mr. Mali.
Cross examination by Sir. Brien.
I think he would resent what he considered an in-
jj suit to his character as quickly as any man on earth.
1 (ion 1 iiunK. ne carta anytiiing aDout 111s saiety.
when he was in-mlted. Hi was as honorable a mam
as I ever saw in ray life.
Direct examination resumed.
Ferocity or ascreskiveaess was not any part of
his character.
W. A. Forbes, of Clarksville. Direct examination
by Sir. A. Ewing.
I havo been acquainted with Sir. Poindexter for
about eight years. I reside in Clarksville, and knew
him as well as I do any man. I knew his character
for peace and violence, while he was in Clarksville.
Sir. Poindexter was a quiet, peaceable man, so far
as I knew him. I believe that he was a man of de
termined courage, though he would not willingly
offend any one. I think he had the reputation of a
gentleman, and a man of honor, as much as any one
1 ever knew. He would not however, brook any
personal indignity to himself, and would be quick to
repel it As to his character in other respects. I
suppose it is not necessary for me to speak. He
was a pleasant gentleman in the family. I should,
however, say, as I wish to express myself distinctly,
that he was what i.i considered to be sensitive in re
gard to his character. I never knew Sir. Poindexter
to bo engaged in Clarksville in any difficulties, ex
cept such as happen to almost eveiy body little
quarrels that passed over. 1 don t know 01 those
myself, but only from rumor. He was near sighted.
and a rather aDsent-mindou man, 1 mint, .uy itn-1
pression is that his vision was not good at forty or J
fifty feet I would not. and could not say positively I
as to that. I think I have noticed his not being able
to see well at that distance.
Cross examination by Sir. Brien.
He was exceedingly sensitive. He would repel an
insult to his honor, and do it quickly. He would do
it recklessly, so far as personal safety was concern
ed. He was a small man. I don't know whether
he carried weapons or not He might have had
them at times, as most gentlomon have. I have
known nothing of his character for peace and vio
lence since he has been here.
JVE.B. Kay direct examination by Mr. A. Ewing.
I have known Sir. Poindexter for nine or ten
years, in Weakley county. He was partly raised in
that county. I lived in that county about live years.
During most of the time, however, he was away at
school! I only met him at times, as he returned to
visit his friends. I had not much personal knowl
edge of him at that time. I came here in '58. I
have known him since I have been here. I have
frequently met him since. I think I know his char
acter for peace and violence in this community.
Ho was a peaceable, quiet man. I so regarded him
from my own knowledge, and front tlie estimation
in which he was held by a majority 01 those who
new lum.
Cross examination by Mr. Brien.
Sfv knowled-rc of him. in this community, was,
;hat he was anvthins else than a violent or a-rcres-
si ve man, but ready at all times, having a high sense
of honor, to repel any insult to his integrity or ve
racity, n hen he leit asnrrievcu or tnougni ms Hon
or involved, he was ever ready to seek redress. I
do not consider him as a violent man. Idonot so
understand his reputation in" this community. I
think he was as cool a man as I ever saw in a diffi
culty. He was as brave a man as I ever saw. I
never saw lum onsaced ina difficulty. I have seen
Poindexter was standing still when ho wa shot. I
did not see anything in his right liaud. He might
have had an umbrella. I did not see. any pistol in
his band. His right side was towards me. I saw
his right hand, and there was nothing in it at alL
Mr. Hall went into the Xevs office. Sir. Poindexter
fell" and was taken in. I had not seen Sir. Hall be
fore that morning.
Cross examination by Gov. Brown: Sly attention
was immediately drawn to Sir. Hall and" Sir. Poin
dexter. My attention was first drawn to Mr! Poin
dexter, because I saw him going up the street and
had heard talk of a fight between him and Sir. Hall,
though I did not really expect one. It w s the first
time I had seen him that morning. I could sec what
his right hand was doing, though I could not see his
whole front I saw Sir. Ilall when he first came out
I could not state how he had his gun ecept that he
had it. He said "stop!" three time-, 1 heard it dis
tinctly. I was about eighty or ninety feet from Sir.
Hall. I was further from Sir. Hall than from .Mr.
Poindexter. Mr. Poindexter did not stop the first
time he was told. I think he stopped when he was
told the second time. I could not tell what he was
kloing as I could not sec lib face. Mr. Hall's gun fir
med and he fell. I saw nothing fall from him. I did
not go there.
T. B. Childress. Direct examinationby Sir. A. Ew
ing: I was at home the mcrning of the "difficulty sit
ting in my office reading. I had just come down
from breakfast and had not been in there exceeding
two minutes. I heard the report of a gun I pre
sume, and I jumped up and ran to the door. The
report seemed to come up the street and consequent
ly I cast my eye down the street I saw Sir. Poindex
ter reeling, and I ran to his assistance. He was reel
ing to the right, sinking down-gradually. I placed
my arm under him, and lifted him up. and at first
thought lie could walk, and then "Sir. Venable came,
anu 1 was convinced he could not walk, and ilr.
Venable aided me, and we carried him into the of
fice, lie j-raspc d but twice ' after he was carried in
and laid upon the settee. I neither saw an umbrella
nor pistol; my whole attention was directed to Sir.
Poindexter. His feet were about one foot this side
of the far end of Mr. Ewing's office. When I saw
him he was rather near the edge of the pavement
He gasped with a uroan or two. but xaid nothiriir.
and moved his head twice after he was laid on the
settee, and expired. After I lifted him up, I saw Dr.
Watson up the street, and called to him. He came
in and looked at bun. and took hold of his nulso and
said "he Ls dead." I did not sec tlie umbrella, and
never saw it. I heard no words, and heard nothing
till the report of the pin. Sly office is the second
door from Sir. Ewing's office" There is a stairway
between my office and Sir. Ewing's. My door was
open. I was sitting there readiiur. I have known
Sir. Poindexter ever since he has been here, and be
fore when he was Elector. I know his character
among his friends for peace and violence. I am in
the same predicament tliat CoL Stokes was. I have
only heard his friends speak of him. I do not think
he had been here sufficiently long io establish a gen
eral character in the community. I had heard it
said he was very near-sighted I had heard it spo- i
ken of in connection with the use of a pistol tliat r
he POlllfl lint iln harm cirh n -mernj 1T n t-,M-v I
small man, and would not weigh over ninety or
ninety-six pounds. The first man I saw was Sir.
Venable, who was stinding on the cellar door. As
I sprang out, he came up and supported him on the
M other side. When I took Mr. Poindexter up, I cast
J my eyes up the street to sec if any one was there,
i-l and saw no nnppwpnt Afr. John IlalL Tli fasr-
Seabury ran over and one of them assisted to carry
Mr. Poindexter in.
Sir. J. E. R. Ray recalled Direct examination.
I don't know whether Mr. Poindexter was ac
quainted with Sir. Hall or not personally. I recol
lect some time previous, probably ten days, or two
weeks, to his death, I was in conversation with
Mr. Poindexter- It was shortly after Sir. nail's
connection with the 2eics office Jle told me he
did not not know Sir. Hall, and was asking me, if 1
knew him. He said he was a
never seen.
Sir. J. O. Griffith Direct examination by Sir. A,
Ewing.
I was a partner with Mr. Poindexter in the Uxiox
avd American office. I know from conversation
with him. that his eves were not as perfect as mine.
I have only a general impression as to the distance
he could see. I cannot say that I recollect positive
ly, that he defined the distance. I recollect that
there was a certain distance at which everything
was very indistinct 1 am not positive as to wheth-
cameout upon the street and walked a short distance,
and I remarked to him. -Mr. Poindexter. you are ex
cited." Hesmilel,andsBidT-Xo. Hh r I told 1 in
he was walking in the rata with an umbrella inhia
lund. Therain how e.-er.lHHi somewhat checked up
still, it wasdrizdMie a Htlte. He said, -It is not
much of an umbrella and net mueh rain" smiling
at the remark. But as he raised the umbrella, ho
asked me, - Suppose I were to meet young John
Hall, what am I to do?" 1 said to him, "Thathe
should not notice Mr. Hall that he had stated to
hiii he would not" ne then remarked. "I am at a
loss what to do when I shall see Mr. Hall, whether
to strike him with my open palm or with the um
brella.'' I told him lie mpst be governed by circum
stances. He passed on thn. walking rather rapidly,
to the .Vfvs office door, ami my impression is that
we both stepped in. I saw no person about ice,
Xeics. office at all. I noticed only one gentleman
abont there my Impression is that gentleman stood
in the door next below 1 had my mind upon no
ticing any person who was about there. It is possi
ble he was ths re, standing is front of the door, and
stepped liaek into the door as we stepped la. See
ing no one. we came out and walked on down tha
street Sly object being to get an umbrella, wo
came somewhere in the neighborhood of Robt Hay
wood's office. He remarked that " his (Haywood's)
ofile was in that neighborhood."7 1 pointed it out
to him. He wid. "I -want to see him. and will stop
in there." I told him I was going to get an
umbrella, and as soon as I got it I would
come back. I was detained sometime in
j getting it and eame back after purchasing
it, to tho comer or Uedar and Unerry streets,
and as I got to the corner I noticed that Mr. Poin
dexter was starxWng in front of Sir. Haywoods of
fiee. about two IKt from the door. Mr. Haywood
was .standing hi the door. Tbe precise words of Mr.
Poindexter I can not now remember, they were that
he was ready or "I am going now, come on." and
started up the street Sir. Haywood and myself fol
lowed soma six or eicht feet behind. .Mr. roindix
ter went on up to th Xncs office door, ne stepped
up on the door sill aid I think a gentleman, whom I
now recognise a Mr. Barry, was Branding in tha
door at the time. - Some two or three other gentle
men were about there. Mr. Poindexter asked if Mr.
Hall was in. What Mr. Barry's reply in words was
I cannot exactly reiBmbir. but lie" went back and
came again to th door ami reported that Mr. Hall
was net in, bat would be in s few minutes. Mr.
Poindexter orirred ttomrtHim about tmrweathcr..
I turned, to ein verae with Mr. Haywood, and as I was.
duiogjfaiwtifiid that Mr. George Darde wat upon
a line wfth th fjoor and upon a hne ro see into tie
baek'door. He mored arotnd Mr. Haywood ami
myself and bete Mr. Poindexter. As an inference
of my .uind. I got warn a direct hee mvself to see
what rtifht be i the back room. I did not know
but tha; Mr. Dufdeii j moverrtMs might be governed
by someitHnjc in I tie bov.-k room. About thai mo
ment Mr. Brrr s ii:l whether in response to any
one n'r-nft I don't know, that Mr. Hall usually cama
to his oAv at nin.- o'clock. 1 stepped to Mr
Polndexier theu an 1 caught him by the arm and
walked him otf ntttrv.- three or " four step-. I
remarked to hbu, - this looks (ike a fuss,
oi- getting notoriety -I don't sMppnxe yon desire any
particular notoriety, ami w had better seo away. '
AVo then walked down to Mr. Havwood's room.
whenMr. 1 lav wood and myaelf both impressed upon
Sir. lYintiexk-r tht- improprit-tv of returning to the
Xetes o8iv acain. And that if be desired to see Mr,
Hall again, he had better do so upon the street. Mr.
Poindexter ked the qm-tioa. if Dr. Winston's office
would not be a good plaee to him. I replied u I
don't know tht- hx-ation. He asked where Mr. Hall
resided. I toM him I did not know, and Mr. Haywood
answered bimj I tW him I had seen Mr. Hall pas.t
the St Cloud Hotel at-veral times. Mr. Poindexter
agreeing vrith me, r 1 1 o lok to tbe Vws office.
and it approachincc 1e hour of the opening of th
Howe. I remarked. Pointlvxter I must now go to
open the House, if any thing comes off let me
know." His reply to me was. Major. I don't anti
cipate a duel or any thins f that kind." I left hint
then and went to tb House. Thatw tlie last I f-aw
of Sir. Pmndetter alive-- that was tbe whole thinir
that occurred as I have detailed it I understood
from Sir. Poindexter that he would net go t J Mr.
Hall's officce when I frit him last
Cross examination by Mr. E. Ewing.
I saw part of the correspondence between Mr.
John Hall and Sir. Foindexter. Mr. Poindexter
talked with m about K. I can repeat. I believe,
substantially tlie first ncte. I'pon tlie day previous
to Sir. Poindexter k death. I met Mr. Poindexter. ami
he gave me an account of it I neversaw it myself.
After I had retire-1 from dinner on Thursday", Mr.
Poindexter and Mr. Hay wood came into the room of
SlrJSGantt wlien-1 wasl .Mr. Poindexter told ustMr.
Gantt and myself) that in the morning, as he wis
coming to his breakfast, in front of the St Cloud,
he met Sir. Ilall, who approached and as he thought
tendered his hand, at the same time, asking him, if
he was the author of a little article in tlie paper.
As he replied to him that be was. Sr. Hall told him
that lie was a damned rascal ami a damned scoun
drel, which lie resented at tlie moment They
came into collision and were separated by Mr. BL
Clemens. While in tliat position, Mr. Hall continued
his denunciations. Mr. Poindexter said to him, -1
never bandy epithets. J will give you an opportuni
ty wliere we can settle this matter free from inter
ruption." ami passed on to Urn breakfast He said
that after liaviitK briMkfast he lmd sent to voun
Sir. Hall a note about as lollows. Mv impression i
that he repeated what had been iomv. and then. -1
will be upon the commons, immediately North of the
Sulphur Spriugsat 12 o'eloek. where we will bo free
from interruption." He then told nie farther, in the
same conversation, that Sir. Hav wood had reported
that youiiif Sir. Hall had responded -all riffht'vwhen
the note was. presented. He furtlier said he had
just returned from tlie ground, ne had a note in
his hand which I read. Tt was addressed to Mr.
Poindexter. Tlie sulMtaoce was. am in receipt
of your informal message of thw morning, by Mc
Haywood. Whenever you address me demanding7
the satisfaction of a gentleman, you shall be pro
perly answered." It was signed -'John H. HalL " I
myself advised Mr. Pointlexter that it was an effort
to get him to end a challenge, and I thought he had
vindicated himself sufficiently, ami tliat he ought to
drop it I suggested tlw propriety of publishing the
facts and a card. He declined publishing anything,
but assented to the correctness of the advice given
by Sir. Gantt ami myself at that time. After sup
per that night, Mr. Poindexter and Mr. Haywood
came into the office of the St Cloud, and as they
camein Sir. Poindexter remarked to me, 'I woutd
like to see von In vmr room. Mni.lPolk." Sir. Kir.
entleman he had y wood with Sir. Poindexter and myself went to my
U room, tie remarked, "l nave received another not
er it was a short or a long distance,
sion is, that Sir. Toindextc
Sir. Hall at all, and did not
The clothes brought yesterday, were the clothes
which Mr. Poindexter wore at tlie time of the diffi
culty. 1 had them in my keeping.
Cross examination by Sir. Brien.
I did not know that there was to be a difficulty
between Sir. Hall and Sir. Poindexter on.that morn
ing. I knew there had been a difficulty, but not till
I came up to the offiee that morning did I know of
the articia in the Mas. 1 came up after breakfast
1 nui not anticipate a aimcnity between them. 1 did
not hear anything from Sir. Poindexter on that sub
ject I live at a private house. He boarded at the
St. Cloud. I did not see him tliat morning. I came
to the office that morning after my breakfast and
tooK out tne letters irom the l'ost Utlice. anions
which there ms one for him. I went to deliver it
to him in tbe editorial room, and. v.-aitine for him
entered into conversation with some gentlemen in
the room. While there the news came that Sir.
Poindexter wa3 shot That was the first intimation
I heard of the difficulty. I had heard of the difficulty
between him and John Hall and had heard it spoken
of, but not by him. I knew that it was in regard
to- an article In the paper, touching John Hall's
father. I saw that article in the Jfirifter I came
to the office, and before I heard of the shooting. I
cannot say from personal knowledge whether Sir.
Poindexter was in the habit of wearing arms. I
never heard him say thathe carried arms.
The court then adjourned to Slonday morning at
nine o'clock.
TFIIRD DAV.
SIoxpat, November 28, 1 &".
The Court met pursuant to adjournment
W. C.Whitfhornc. Direct Examination bv Sir.
Ewinsn I was acquainted with Sir. Poindoxter.
Upon the morning of tha difficulty I was at thcta
blc at the St Cloud, eating my breakfast when Sir.
Poindexter camcjn, in company with Sir. Colin Sf.
Campbell, and seated himself at my right hand and
Sir. Campbell seated himself just beyond.. Mr. Poin
dexter then asked if I had seen that card. I asked
him what card. (Objection was made to the admis
sion of the conversation, but it was overruled.) He
repiien. me caruui iuu -eics. 1 asked him if it was
from Hall which I want to show you. To understand
it, yon liad better see a note which I addressed to.
Sir. Hall." He handed me a'cepy of the letter ad
dressed to Sir. Hall. It was- substantially recount
ing the affair of the Brominp the reception of th
note and tliat lie had been upon tlie ground at
twelve o'clock ami that lie. Ilall. had faded to ap
poar, and added, -whieh renders any furtlier cor
respondence upon bv part uimecesMry. Signed,
.nr. -
"G. G. Poindexter."
. Hall's note, in substance,
Sly impres- ji was. '! am in receipt of yoormessnfre of this morn-
r had never recognized n ins, bv Sir. Haywood. I understood the meeting to
it know lum personal! v. 1 be at four o clock. P. M.. instead of twelve, SI. This
iuu, li ri r 4 . . - -... - - 1 - -1 iHivtu 1 1 1 ill 11 iv was
him pending one, and referred to that when I said he from tlie young man, referring to Sir. John HalL His
was cool in one. I have heard cf two difficulties! reply was that it was from Allen A. nail. I said I
besides this, since he has been here. These were all had not seen it, and asked him if he had it He prof,
within the last twelve or eighteen months, probably 1 fercd me a paper. It was taken out of Hii hands by
T.. r t .1 . 1 1 ,ltfi f,- rrtiTlmll o,..l !.,... , .
jit mas Mine, a uuu i xrui 111; ui uui uuuu, uw j& -.
cultv. whether it was within the year or not He
was regarded in this community as a very firm and
decided man. and tliat he would seek redress alall
hazards to his safety, and that he would rather iu-j
cur any risk to himself than suffer h's reputations
or honor to be impeached In any way. (
Direct examination resumed by Mr. held.-
He was regarded aa a chivalrous man, but not-in
any - sense, aa a bloodVthlrsty man.
ttyjir.uate: . - ,
jir. lampucii ami uien passed over fcj myself. I
xv-u 11 vAiic anicic was produced and read; it ap
pears m the first part of these proceedings.)
About the time I finished reading Uic article, Mr.
Fomdexter observed to me that it was prettv twht
or pretty severe. I replied tliat it was. lie then
said, it makes it necessary for me to take some no
tice of it, or make some demonstration. I replied I
thought it did. Said he, '.'how!'5--! replied, -tho
when, the, where and the how aro matter of con
aideration. Ht replied to me, -I an going to bis ,
I w a mere mistake. If you think that your beimr
upon the ground at twelve o'eloek relieves you, be
it so. Whenever you demand the satisfaction of s
gentleman you shaK he properly answered.' I then
remarked, taking up tM Unt m-ssaffe of the morn
ing, and tbe other, and comparing them, that I
thought lie would be doing: himself injustice to no
tice Sir. Hall any further. We told him there was
a studied effort "to throw him into the aggressive or
initiative. We I bought be had resented everything
as it came up in its proper place, and that now he
nticiir to ilron ita I le .ltfHl in it T.lnn't l-nsiw ftka-
i there'was any notice given to Mr. John HalL I saw
Sir. Poinderter again that night at hw room. I talk
ed the matter over again rubgUuiUally as I had talk
ed it over before with him. I don't'know that th
design of his not goim? to Mr. Hall's office, after he
had so concluded on Priday morning was communi
cated to Mr. Hall. I -went immediately to the capital
I heard of the killing about twenty min
utes after or twenty-five minutes at farthest I
don't know where Dr. Winston's offiee is. Kb one
has painted it out to me. When talking of idaprunff
Mr. Hall, I told Mr. Potndexter if he eonteuipla
ted any act of tliat bind. 1m? had better he prepared
for that which follows, or may come, after. After
leaving the Hotel, he went to his room. It is in tho
second story of the Post OtBee building. I went to.
CoL Anderson's room. While in liis room he left
his shawl, and I think chaaral l,ia noat. The caa.1t
he wore was a frock coat, I should say it was not
an overcoat I eunnfrt be positive whether h
changed his coat I had only notieed his shawl be
fore. If he made aay vliange it was to leave i tirs
coat and put on a frock eont lie said he had tho
pistols which had been given Mm the day before. I
know who save them to him- 1 beard him say
whose thev were. He said Mai. Polk gave them to
lum. I did not see any awns upon him. I did not
hear him say anything further about arms. 1 don't
know wliat'ariux were upon him. We were at the
Xeics office twice-that nwrninff-
Direct examination rosnnted by -Mr. Kwtng.
I could not saw whether Mr. Poindexter said he
had pistols then with hhn or not Hi simple reply
was, that he had the pis- which hail been given to
him by Slaj. Polk, upon tbe day before.
Cross exaniiimtson resuawu Mr. oiuk.
(The question. Had you an impression that there
weuldbea ilifficulty that morawgT was objected
to. After the discussion it was declared admissi
ble bv the Cotirt, u the impression was derived
from Sir. Pekulextei-'s remarks or acts.) I have no
idea that Mr. Peindextfr intended to souk Mr. Hall
at that time or at his office again. But at the saraa
time. I have no doubt but that Mr'Boindexter wonld
have sought Sir. Han to renev im honor at soma
other time and plaee. I hkjfeIi would hava brought
?f tr, in !iir in soaanKiincr. uules the card was.
r,i;i n- riuiiTedeal3faotorilv. I did tell Mr.
RussTCurin1lfh7dlpceplr Pafodexter that. mQrniBX-
rj 4
Ma. -'ilt'

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