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acquaintance with L. Blake, and how long has Question by the Committee. ---About what bour it existed, and of wliat character?
in the day was the affidavit taken? Answer.--I have occasionally seen Mr. Blake Answer. - It must have been about one o'clock during the last three or four months. I never saw according to the best of my recollection, or him before this last winter. Having had from 12 to 1. business to transact with some gentlemen at the Question by the accused. Who was with said hotel where he lodged, I have occasionally met Blake when you administered the oath? with him; I have met him, I suppose, twenty Answer. I think Mr. Wm. Prentiss of this times during the winter.
city, either came into the room, or to the door Question by the Committee. - Have you seen of the room when the affidavit was presented, Mr. Blake at different times in the day? and no one else.
Answer.--I have seen him occasionally in the Question to Mr. Stanbery by the Committee.morning, at noon, and in the evening. You stated that you received the affidavit of
Question by the Committee. What were his L. Blake from Mr. Vance," did he hand it to habits as to temperance?
you in person, if not, what led you to suppose Answer.- My knowledge of Mr. Blake is too you received it from him? slight to enable me to state what his habits were. Answer.-At the time the House was discussI have never seen him otherwise than when, in ing the propriety of the interrogatory, Mr. Vance my opinion, he was a suber man. I have never took his seat by my side on the right. He called seen him intoxicated to my knowledge. my attention to a paper lying before me. Some.
Question by the Committee. Do you know body else might have put it there; it must have when he first meditated leaving the city, and if been there before; that paper was the affidavit 81), how long before he left it, and at what time of Blake. I supposed that Mr. Vance had handdid he expect to leave it?
ed the paper to me, till I heard his testimony Answer. I do not know what Mr. Blake'sjon Saturday, particular business was in the city of Washing. The further hearing of the case was then postton, but on Monday fortnight he stated to me, poned until tó-morrow at 11 o'clock, and " that he contemplated leaving the city on the The House adjourned. following Sunday. I left town myself the next
THURSDAY, APRIL 27. day after: on my return, I understood that he Mr. ASHLEY, of Missouri, presented to the had not yet left town, nor have I seen vim since House the following letter, addressed to him Monday, the 9th.
by the Hon. T. H. Benton, of the Senate : David A. HALL, a witness on behalf of the Mr. STANBERT's reference to me as a witness House, was sworn and testified as follows : who would discredit Mr. BUCKNER, was made
Question by the Committee.- Did you admin. without my knowledge, and was not warranted ister the oath to Luther Blake on the affidavit by any sentiment ever entertained or expressed now presented; and if so state what you know by me.
THOMAS H. BENTON. relative to taking said affidavit?
Mr. ASHLEY then offered the following: Answer. I administered the oath on this affi. WILLIAM STAMBERI, a member of this davit, and wrote my name to the certificate here House, from the State of Ohio, having, on yės. appended. I administered the oath at Brown's terday, (when not giving evidente,) declared Tavern on Monday 16th april. The circum- to this House, that the most of the testimony stances were these--I had been called to the given by the honorable ALEXANDLA BUCKNER, Tavern to take the deposition of Judge Bibb, Senator from Missouri, (who had given testiof the Senate, to be used in a cause in Kentuc- mony in the case of the trial against Samuel ky. While I was there, this paper was handed Houston.) was destitute of truth and infamous; to me already prepared, as I supposed, for the which declaration of said STAXBERI is indecosignature of my name, after I should have adorous and disrespectful to this House, the wite ministered the oath to the deponent. I hastily ness, and to the Senate of which he is a mem. ran my eye over the deposition, it appeared to ber : Therefore, me to have been written in the proper form, Resolved, that the SPRAKER of this House and I administered the oath, then signed my call upon said Stanbenr, in his place to retract name at the bottom of the affidavit, as having the indignity and disrespect which he has of, been taken before me. It appears that I did not fered, by an apology to this House, and that be insert the date, but that was owing to an im. be reprimanded by the SPEAKER. pression that it was already inserted. It did not Mr. ASHLEY said, that in offering this re. strike my eye that the date was wanting: these solution, he took leave to say, that he was not are all the facts immediately connected with the governed by any unkind feeling toward Mr. taking of the deposition that I am aware of. ISTANBERI ; but, as the representative of Mis. would state further that this deposition was souri, and the friend of Col. BUCKNER, be conhanded to me by the person making oath, and ceived it 10 be his duty to defend the character calling bimself Luther Blake: I did nut know of Col. BOCKNER, and to repel every indignity the person at the time.
offered to the State, through one of her Sena. Question by the Committee.-Was Mr. Blake tors. disguised with liquor at the time you adminis Here Mr. TAYLOR rose and objected. This tered the oath!
was an improper time to discuss the resolution, Answer.--There was nothing in the appear- and he should call for the question of cupside ance of Mr. Blake to lead me to suppose that/ration. this was the case.
Mr. CLAY, of Alabama, spoke to order. The Mr. KERR objected, as the paper had not
gentleman from Missouri had risen in explana- been received as testimony. o'cleak tion of the resolution he had submitted.
Mr. ASHLEY then submitted it as testimoMr. STANBERY expressed a hope that thejny; but withdrew his proposition, on the SPEA.
matter would be proceeded in immediately, KeR stating that the remarks of Mr. STANBERI ith it and brought to a termination as soon as possio in relation to Mr Bockner had not been enterble.
ed on the journal of the House. Mr. SPEIGHT moved a call of the House Mr. Key was then beard in defence as counje da on the question of consideration.
sel for the accused. The question on a call of the House was re He continued his argument until about three jected-ayes 63, noes 80.
o'clock, when the proceedings were postpon. Mr. BOON asked for the ayes and noes oned till Friday. the question of consideration, and the call be. ing sustained, they were ordered.
FROM THE JOURNAL OF THE HOUSE. The question was then taken, and the consideration of the resolution was ordered-ayes
WEDNESDAY, APRIL 25. 147, nues 11.
SAMUEL Houston, accompanied by his coun. Mr. ADAMS rose to a question of order. sel, was placed at the bar of the House, and He understood that, according to Parliamenta Jonathan ELLIOT, jr. a witness on behalf of ry law, words which might be considered dis- the House was sworn and testified as follows: orderly, were not to be noticed after the inter Question by Mr. STANBERY.-Were you prevention of a day from their utterance.
sent at the time Mr. Houston made an assault The SPEAKER said, that question properly upon Mr. Stanbery on Friday night, the 13th of belonged to the discussion upon the merits of this month? if yea, state all that took place! the resolution.
Answer.- As I was standing at my father's Mr. STANBERY then addressed the House.gate on Friday euening, which is nearly oppoHe said he'would take the opportunity of stat- site Mr. S.'s lodging's, my attention was ating, that no inember of that House was more tracted by Mr. S.'s saying, “ don't strike me. sensible than himself of the indecorum of the I observed Mr. H. striking at Mr. S. Mr. s. language alluded to tban himself. He wished stepped back iwo or three paces; he was eithto state this to the House, and to state, also, er knocked down or thrown down, I do not rethe circumstances which had led to the use of collect which; while down 'Mr. H. struck him that language. He certainly entertained un several blows. In a short time some persons pleasant feelings towards Mr. Buckser. He came to the spot, and Mr. H. desisted. 'Mr. S. saw that individual present, and he (Mr. B.) then asked him " what he struck him for?' had known what was to take place before he Mr. H. replied jin words to this effect: “bea (Mr. S.) was on the ground. He witnessed, in cause he had said something concerning him.” silence, the whole contest. He suffered, as he Mr. S. then asked him “ if he intended to astestified in the House, the beating to be con- sassinate him in the open street?” Mr. H.'s retinued, even after he thought him (Mr. S.) al. ply I did not hear. Either Mr. S. or one of most dead. It had been iold to him, (Mr. s.) the byestanders, said “ Se was liable to prossthat that person had repeated, in the streets, cution.” Mr. H. said, or in words to this effect, statements calculated to bring him into disreo" that he was liable to the course of law, and pute and disgrace. He (Mr. š.) had discover. willing to take it.” He then went off, and ed, yesterday, also, that he had seized, with immediately
, Mr. S. returned to his lodgings. pleasure, on every opportunity of wounding Question by the same.--Did Mr. S. after re. bis (Mr. S.'s) feelings. As to the main cir-ceiving several blows turn to run off, or did be cumstances of the occurrence, his testimony turn at all? corresponded with his own; but it was of the Answer. --No. incidental statements which he had made, that Question by the same.--Did Mr. S. during he (Mr. S.) thought, and still did think, he had the time he was down put up his feet? reason to complain. Mr. S. said, that, as the Answer.-No; he did not raise them up, but Witness was giving his testimony under the drew himself up: protection of the House, he felt it his duty ?o Question by the same.--Did S. balloo during apologize for the words he had applied. He the contest; apologized, therefore, to this House, to the Answer. All that I heard him halloo was Senate, of which that individual is a member, “ don't strike me”_" what do you strike me and to that individual himself.
for" Mr. SPEIGHT here suggested, that, under
Queston by the same.--Did you bear S. made these circumstances, the withdrawal of the re. use of the words "ob dont poi solution would, no doubt, be considered pro.
Answer.-No, I did not. per, by the gentleman from Misrouri.
Question by the same.- Was not Mr. S.'s Mr. ASHLEY then withdrew his resolution. face towards Mr. H. during the whole contest? The accused was then, by the order of the
Answer.--It was, as well as I can recollect. House, brought to the bar, attended, as before, Question by the same. -How near were you | by the Sergeant-at-Arms,
to H. and S. during the contest? Mr. ASHLEY moved the entry upon the
Answer.- I should suppose between 25 and journal of the paper read from Mr. Bexton. 130 feet.
Question by the same. -Was there any thing Answer. I cannot say. to prevent your seeing all that took place! Question, by the same.-Had you previously Answer,-No.
heard any thing of Mr. S's speech in the House, Question by the accused. When the parties in which Mr. H. was alluded to? first met, were you near enough to them to see Answer.-No; I had not. and hear what passed'
Question, by the same.-Whom did you meet Answer. I was near enough to see, but it soon after the affray, and wbat question did you was so confused I did not hear what passed be- ask him? fore the blows were given.
To the putting of this question Mr. Ievis Question by the accused.--How often did Mr. objected, and the objection was sustained by
“ don't strike me"_" what do you the House. strike me for?”
Question, by Mr. Hawes.-Who applied to Answer. I did not well notice, but I only you to give testimony in this cause? recollect his saying it a few times.
Answer.-I do not know his name. Question by the accused.- Are you sure you Question, by the same.-- Was he a member heard all that passed between the parties? If of ihis House? 80, are you sure you remember all that passed, Answer,-- Yes and what makes you sure that you remember Question, by the same.--Did you have a conall?
versation with Mr. S. before coming as a wit. Answer.-I am certain I did not hear all that ness; and, if so, what did he say to you! passed. What I did distinctly hear I well re Answer, -He merely asked me what I knew member, because I paid particular attention to concerning it. it.
Question, by the same. -Did you ever sce Question by the accused. How far is your Mr. H. before you saw him beating Mr. S.? father's gate from where they met?
Answer.-I never saw him before, since he Answer.-About 25 or 30 feet.
was a member of this House. Question by the accused.--How old are you? Question, by Mr. LECOMPTE.—Did you know Answer.--I shall be 17 in about two months. Mr. Buckner, of the Senate, before the occur.
Question by Mr. T. R. MITCHELL.- Were rence of which you have testified; and, if 80; you standing at your father's yard gate during how long? the conversation between the Hon. Mr. Buck. Answer.-I did not know him, nor do not. ner and the accused?
Question, by the same. --How many persons, Answer.--If I was, I did not hear it to my besides Houston and Buckner, were present knowledge.
when the fight began? Question by Mr. WORTHINGTON.--Did you Answer. There was one person walking off; Bee General Blair, or any person, pass you be. he was about fifiy feet across the street. fore the affray?
Question, by the accused.--Did Mr. H. Answer.-I did not notice.
strike with his right or left hand? Question by the same. - Were you present Answer.-I did not police. when the affray commenced, or did you come Question, by Mr. TAUMPSON, of Georgia.to the place afterwards?
Have you not been frequently with Mr. S. since Answer.--When I first saw it, Mr. H. was he attack upon S. by H.? striking Mr. S. "I went to the place as Mr. S. Answer. -No; I have not. got up.
Question, by Mr. WUITLESET, of Ohio.-Have Question by the same.-Did you see the first you ever been with him, Stanbery, since the blow given?
affray, except the time before alluded to bý Answer.--I cannot say that I did.
you? Question by Mr. WARDWELL. -At what time Answer -No. in the evening was it?
Question, by Mr. Boon.-Do you know how Answer.-Between 7 and 8 o'clock.
the complainant, William Stanbery, or his Question by Mr. WORTHINGTON.-- Did you friend through whom your testimony was sought
, hear any conversation between Mr. S. and the came to the knowledge that you were present accused before you saw the accused striking when H. attacked suid S.? Mr. S.?
Answer.-No; I do not know. Answer..-1 did noi,
Question, by Mr. Lewis Condict.Did you Question by Mr. SLADE.--How far was you to hear any thing like the snapping of a pistol, or wards the parties, from the gate, while Mr. H. see sparks of fire? was beating Mr. S.?
Answer.-No; I did not. Answer. --I was between the gate and the Question, by the accused.-- Was you ever parties about two paces from the gate. sent for to go to Mr. Si's room, since the oce
Question, by the same.—Did or did not Mr. currence; if so, how often? Who did you see H. say that the words spoken by Mr. S. for there, and what took place! which he was beaten, were spoken in debate Answer. I was there only once.
I saw the in the House!
gentleman that roomed next to Mr. S, He Answer.-I did not hear him say that they merely asked me what I knew concerning it. were spoken in debate.
Question, by Mr? SLADE. --Did you or did Question, by the same.- Did he, Houston, you not meet some person immediately after allude to Mr. S's speech in the House? the affray; and, if so, did you or did you not
ruhy cerning Mr. H.?
ask him what Mr. S. had said in the House con.Ithe circumstances under which I was thrown
into company with General H. They were sube To the propounding of this question, Mr. stantially the same as those stated by Mr. Grun. Boox objected, and the objection was sustained dy and Col. Buckner. by the House.
Question by the same.-Did the meeting Question, by Mr. WORTHINGTON.--Did you between these gentlemen appear to be unex. see Mr. H. when he first grasped S, and, if pected. yes, how did he take hold of him, front or Answer.-As much so as the meeting of any
two gentlemen I ever saw come together; and Answer... I did not see him when he grasped I am as sure General H. had as little expecta. him, but Mr. S's face was towards him, as well tion of meeting Mr. S. that evening as he ever as I can recollect.
had in the world. Question, by Mr. Patton.--After you had Question by the same.- Did you see the com. stated 10 Mr. S. what you then knew about it, mencement of the affray, and if so, who was in answer to his inquiry, was nothing further said present? by him to you, or by the gentleman who was Answer.- When I left General H. there was present?
no person in my view but Colonel Buckner Answer...I understood him that he wished to and Gen. H., except Mr. S. I did not see any know by my evidence, to see whether it was ne. part of the affray. I seen General H. and Mr. cessary to summon me or not; that perhaps it B. standing where I left them. I met no one would be necessary to summon me. Notbing that I know of; nor did I see any other person more was said.
in sight, except Mr. S., who was coming over JONATHAN ELLIOT, Senior, a witness on be the street. half of the llouse, was sworn, and testified as Question by the same.- Asy
s you returned, did follows:
you see the witness, Jonathan Elliot, Jr., and
Answer..-Mr. Barnes's boarding house is he was standing before the affray was com.
Querlion, by the same.--From Mr. Barnes's s. at the time of the affray, and if so, what was
much noise, as I stated before, but nothing so Answer.--I think a person could be seen, but distinctly as that I can repeat it. not recognised. It was a very moonlight eve Question by Mr. WUTTLESET, of Ohio. ning:
How far was Mr. $. from you when Mr. H. ask. Mr. Joux Blair, a member of this House, ed you, "Who is that? from the state of Tennessee, a witness on the Answer.-It occurs to me that he had just on the part of the accused, was sworn, and teş. started from the opposite side to cross to where tified as follows:
we were standing. The moon was shining ve. Question, by the accused.-- Was you present ry brightly, an t I could have recognised any of at the meeting, or just before the meeting be- my acquaintances across the street with great tween the accused and Mr. 9. If yea, state ease. He was not on the opposite side, but in your knowledge of that occurrence? the act of coming across at some point between
Answer. - I was present, and walked on the the two pavements. pavement in the direction to Brown's, as far as Question, by Mr. BEARDSLEY.—When Genea to the cross street which leads to the City ral H. inquired “Who is that coming across Hall. General H., dr. Buckner, and myself, the street," was an answer given by you or had a parley, and I remarked I would go no any other person? further. When I was about to return, Ceneo Answer, -There was none. I immediateral H. poin:ed across the street, and pointed to ly marched off when I saw who the person person crossing the street, and asked me, was. "Who is that?" I looked across, and recog
Question, by Mr. Thompson, of Georgia. nised, ur thought I recognised, Mr. S. The Did you or not hear the honorable A. Buckner disturbance between Gen. H. and Mr. S. had repeatedly relate the circumstances connected been the subject of general conversation, both with the affray between the complainant and in and out of this House for a week before, the accused! if yea, how does his evidence, and when I saw Mr. S. come in a direction to given in this case, correspond with his previous meet General H., I thought something un recital of the circumstances? Do you and Col. pleasant would occur. Ina much as I was not Buckner board at the same house? in the habit of settling my disputes in that To this interrogatory, Mr. STANBERI Object. way. I determined not to be present to see it; edi, and
the objection was sustained by the I walked off to my boarding house. I heard House. considerable noise, such as would naturally be DUFF GREEN, a witness on the part of the on such an occasion. I can state to the House House was sworn, when
The following interrogatory was propounded very near the breast of A., and while he had it to bim by Mr. STANBERY, viz:
here, the pistol flashed; he distinctly saw the Do you know of an attempt on the part of light from the percussion cap. He stated that General H. fraudulently to obtain from the late at the time he thought Stanbery was killed, or Secretary of War, a contract for Indian rations nearly killed, he stepped up to tell Houston to in 1830. State all the knowledge you have of desist, or to interfere and prevent further vio, the transaction.
lenceşat that moment Houston did desist and To this interrogatory Mr. WICKLIPFE object- stepped back; he said that Stanbery still had ed.
an opportunity, if he had a weapon, to have And the question was put, “Shall the said shot. Some words were spoken by Houston, interrogatory be propounded to the witness.?" and in which Houston said that he had done and was decided in the negative.
this for what Stanbery had said of him in the So the House decided that the interrogatory House. "This is substantially what Mr. Buck. be not put.
ner said. I have not mentioned any thing which The honorable Tros. Ewing, a Senator of he did not say, though I may have omitted some the United States, for the State of Ohio, a wito which I do not remember. After a moment's ness on the part of the House, was sworn, and reflection, I recollect Mr. Buckner said, after testified as follows:
we had discussed the strength of Mr. Stanbery Question, by Mr. STAXBERY.-Did you hear for a little while, that he was not certain wheMr. Buckner relate the circumstances which ther Stanbery did not fall partly by the blow, took place when Mr. H. assaulted Mr. S. If I think he used some expression of that kind. yea, state the same as Mr. Buckner related I recollect nothing else at present. I ought, them to you?
perhaps, to add, that Mr. Ruckner was convers Answer.--I did hear him' relate them the ing on the subject, if my memory serves me morning after the assault took place. I met right, before I came up, and perhaps he contiMr. B. in the Senate Chamber, back of the conued to converse upon it after I left him. That lonnade, several other Senators were present; he was conversing before I met with him, I he spoke to them and also to me. I do not know, because I saw him in the group of Senanow recollect who the others were; nor am I tors conversing together. I may not, there. certain that I shall be able to state exactly as fore, have heard the whole conversation; prohe did, the facts in the case. I will try to do it bably he did not relate the whole to me. I not substantially. lle stated to me some circum-only saw him in the group but heard expreso stances about the meeting. I think if I remem- sions which induced me to come up that I might ber right, thst Mr. H, some other person, and hear. himself were together at the point where the Question by Mr. StanbERT.-Did Mr. Buck assault took place, perhaps they had met acci- ner state that Stanbery attempted to run away? dentally, if not, they were walking together Answer. He staied, as I have already said, and had stopped, and were conversing about after receiving the first blow, he turned, and walking one way or another. While there, the attempted to walk off, and that Houston jump. other person who was with them, looked and ed upun his back. That I think was exactly walked off pretty tast; he said he looked round, his expression. I think I can give the main stateand saw a person walking acro:s the street to ment no more distinctly than I have already wards them, and that the person was Mr. S. done. He said walk off, or make off ; I am not Just as he stepped on the pavement, Governor certain of the precise words, but that was the H. called his name, and said in a mild tone of idea conveyed. voice, “ Is this you, Mr. Stanbery,” to which Question by Mr. STANDENY.- Are you cct Mr. S. replied in an equally mild manner, “Iltain that Buckner did not use the words " run is.” At this moment H. drew a cane, as he away?” called it, and gave him an under stroke with Anwser. I think he did not in my hearing his cane on the side of his head-the blow I could hardly have forgotten them if he bad knocked his hat off; he said that S. reeled used those strong words, back, whether he stated that another blow was Question by STANDERY.-Did Mr. Buckner given or not, I am not certain. He said that S. state that sianbery halloed all the time prefreeled and turned, and H. jumped upon his ty mach?" back; that a struggle then took place, and he Answer.--I think I have heard him say soj suon discovered that S. was the stronger man, whether in that conversation I don't know, At this point, I told him that could not be the There is a pretty strong impression on my mind case if Mr. H. was as strong as I supposed him that I have heard him say to that effect. ! to be. He said that then a struggle ensued, can't be certain whether it passed at that first and that S. had an opportunity, if he chose, to time or at another interview a short time afterhave dirked Mr. H. He said that, after a strug. wards, gle, Mr. S. fell into a ditch by the side of the Question by Mr. STANRERT.-Did Mr. Buck: pavement, that H. struck him a number of ner say that Stanbery exclaimed, “O don't!" blows after he was down. In a part of the con. Answer, --I do not recollect that either. 1 versation he said, “ he thought at one time don't recollect certainly to have heard him say that H. had killed S.” or that "S. was likely that at any time. I think I did not. The ex: to be killed." He said that, during the strugo pression is new to me as relates to this transacgle, S. turned over, drew a pistol, presented it tiun.