xt70p26pzj3b https://exploreuk.uky.edu/dips/xt70p26pzj3b/data/mets.xml Wilkinson, Edward C.; Other Author(s): Browne, T. G. 1839  books b92kf223w5518392009 English Daily reporter : Louisville, Ky. Contact the Special Collections Research Center for information regarding rights and use of this collection. Rothwell, John, d. 1839. Meeks, A. H., d. 1839. Murdaugh, John Wilkinson, B. R. Kentucky. Circuit Court. Trials (Murder) Trial of Judge Wilkinson, Dr. Wilkinson, & Mr. Murdaugh on indictments for the murder of John Rothwell & Alexander H. Meeks, in an affray which occurred at the Galt House, Louisville, Ky. on the 15th of December, 1838; reported by T. Egerton Browne ... text Trial of Judge Wilkinson, Dr. Wilkinson, & Mr. Murdaugh on indictments for the murder of John Rothwell & Alexander H. Meeks, in an affray which occurred at the Galt House, Louisville, Ky. on the 15th of December, 1838; reported by T. Egerton Browne ... 1839 2009 true xt70p26pzj3b section xt70p26pzj3b 


on indictments for the murder Or


is an affray which occurred at the galt house, louisville. ky., on the 15th of december, 1832.

REPORTED BY T. EGERTON BROWNE, Editor and Proprietor of the Louisville Daily Reporter.

Printed anil Published at the Daily Reporter office, Pearl street, Louisville.

and to be had of all the booksellers.


APRIL, 1839. 

I deem it necessary that the reader should be made acquainted with a few circumstances connected with this trial, for the better understanding of the question placed at issue before the jury. I shall endeavor, without the slightest bias, for I have none, to make the proper explanation, not, I trust, displeasing any party interested in the proceedings. As I take upon myself this responsibility, I shall confine my remarks to what fell within the range of my own observation.

On the evening of the 13th of December, 1 was in the Louisville City Theatre, shortly before the rising of the curtain, when a youiig gentleman who had just comeiiito the boxes, told me thatan affray ' had taken place at the Gait House, about six o'clock that evening, in which one person had been killed and another so dangerously wounded that his life was despaired of; and that two others had been slightly wounded. It was also mentioned that the panics engaged in the affray were, on one side, three gentlemen of Mississippi; one, Judge Wilkinson, of Yazoo county, in that state; another, Dr. Wilkinson, his brother; and the third, a gentleman .named Murdaugh, the Judge's friend, and from the same state; on the other side, .Mr. Raiding, of the firm of Varnum &. Redding,merchant tailors, corner of Pearl and Main streets; his brother-in-law, .Mr. Rothwell, the hatter, corner of Market and Sixth .streets; and Mr. Meeks, formerly bar-keeper to Mr. Dewees, on Wall street, &x. It was stated that the affray arose out of a circumstance which had occurred at Mr. Redding's store at four o'clock that evening; and that the altercation then engendered had been ronewed in the bar-room of the Gait House    where the persons had met, it was not known for certain, how. The gentleman telling the affair in ihe Theatre, gave his evidence afterwards at the examining court and Subsequently at the following trial. He said that lie could not tell which side was to blame, the thing was so sudden; but that it was a dreadful sight. One person, Meeks, he had seen lying dead on the floor, with his bowels protruding from a wound in his belly; and another, Rothwell, lying on chairs, with blood oozing from wounds in his back. That it was a strange circumstance, as he understood the Mississippi gentlemen Sere men of the highest character; and also that Redding and Rothwell were men greatly esteemed by the community of Louisville, and that their character had always stood very high. This gentleman seemed to think that it would be impossible to form

any correct opinion until the facts could be legally investigated. He had understood the Mississippi gentlemen had been arrested and taken to jail, on suspicion of having inflicted the wounds which caused the death of Meeks and the danger of death under which Rothwell labored. The excitement of the crowd about the Gait House, he stated, was very great, as the persons assembled knew only of the stabbing and the blood spilled, without any chance of learning the other facts correctly. Shortly after, perhaps by 8 o'clock, the police officer who had taken one of the gentlemen to jail, came into the Theatre, as usual in his rounds of duty, and I learned from him, that it had been considered proper to take the Mississippi gentlemen out of the Gait House privately, lest the crowd might interfere with them; and that one gentleman had accompanied him; another, Capt. Turner; and the third, one of the other officers. That the Mississippians were themselves greatly injured in the aft'ray; and tiiat they seemed every way disposed to meet the investigation. The officer told me that when it fras found these gentlemen were lodged in jail, the crowd was-easily dispersed on the Mayor's remonstrance. He said, groups of persons talking over the matter were in the streets and around the jail; but he did not apprehend any interference with the proper authorities. I had confidence in his statement, and fully believed that no outrage would be attempted which would not be promptly controlled by the Police, backed, as I knew they would be, by every respectable citizen.

Groups of persons were to be seen at the corners of the streets next day, Sunday, talking ever the occurrence; some of course speaking of the bloodshed in terms of abhorrence, others justifying it as unavoidable, in self-defence   and, in short, it was quite certain that public opinion was very much divided as to the merits of the case. All looked with anxiety to the examination at the police court, as if that alone could give a clue to the apparent mystery of persons of high character being involved in a difficulty of the kind. On that evening about six o'clock, Mr. Rothwell died, at Mr. Redding's house, where he had been removed from the Gait House. His death occasioned a great and melancholy gloom throughout the whole city. Pcoplo talked of it with tears, as a circumstance peculiarly to be lamented. The oldest inhabitants of the city could call to mind, vividly, the day on which his mother had landed on the wharf with him an infant in h     

arms, just thirty-seven years ago. He had grown up with its growth   almost its coeval in years    and he had prospered with its prosperity uy keeping pace with its enterprize and industry. As a mechanic, he had reached competence after a life of toil; as a citizen, he had won the affections of all that knew him, by the warmth of his heart, the de-votedness of, hisfriendship, and the zeal and promptitude with which he sought the point of danger when fire or pestilence assailed their habitations. That the untimely death of such a man should be deeply deplored,cannot excite wonder; that it aroused angry passions may be pardoned; but that it could have induced the citizens of such a civilized community as Louisville to submit to any innovation on the prerogatives of legal authority or the principles of justice, would be a belief which no reasonable and unprejudiced mind could entertain. On Monday morning Messrs. Wilkinsons and Murdaugh were brought before the Police Court, which was crowded to excess; but the necessary witnesses being absent, the investigation was postponed to the following Wednesday.

About three o'clock in the afternoon Mr. Roth-well's remains were attended to the grave by a very large concourse of citizens; many of the companies of the city in costume. He was buried in a little grave-yard set apart several years ago by his father, on a piece of wood-land \yhich he had owned, about a mile south of Centre street, near Beargrass creek. He was in his 38th year, and unmarried   his mother one single, and three married sisters, surviving him.

We have but little opportunity for collecting any details of interest to the reader respecting Mr. Meeks. His family, it was said, lived at Madison, Indiana. He had been some years known in this city; part of the time as bar-keeper to Mr. Dewees, who keeps the hotel on Wall street. Since his death it has been erroneously asserted in the eastern papers that he was the noted Robinson; but it is certainly a mistake. Many still assert that he had a great resemblance to Robinson; that, however, may have been accidental.

The examination at the Police Court, in the order in which it took place, will be found in the appendix. It is only necessary here, to state that with its progress all excitements and prejudices abated; a::': everyone began to view the question of the guilt or innocence of the accused as a matter which a jury alone could properly decide. So considerably had the examination allayed the public excitement, that when the gentlemen were admitted to bail, they could run no risk whatever in walking the streets like other citizens. I shall not presume to say that prejudices did or did not exist of such a nature as to render their trial in Louisville involved in difficulty. A copy of their petition -to the Legislature for a change of venue, will bo found in the appendix; also a copy of the act authorizing that change.

I do not now recollect any other point of interest, or necessary to be explained, which will not be found in the proceedings themselves.

My motives for publishing this trial are threefold one, I am not uncandid enough to disavow; it is mv professional duty, as much as the advocacy of the lawyer is his duty to himself and his family who live by his labors; a second is that I wish to gratifv the citizens of Louisville by any exertion I can make for them in compensation for their patronage; and the third, which I can with sincerity say is the most        powerful and most satisfactory to my own mind, I; the conviction that the publication will aid the great principles of truth and justice.  If those whose pas- i sions on either side have hitherto obscured their men- i tal vision, can judge now more impartially from the facts and evidence than they could hitherto have done, I shall esteem myself a useful laborer in the! search of truth, and in the establishment of my owi principles of belief, that man is more prone to the love of truth and justice than to deceit and evil,: when the opportunity is afforded him of choosii,s between them.


Daily Reporter Office,

Louisville, Ky. April. 1839. 



in the circuit court of mercer county, ky., on indictments FOR the murder of


Sr-ecim. Term, appointed by Act of Assembly, changing the venue from Jefferson to Mercer Circuit Court.  Hon. John L. Bridges, Judge.   Howard J. Bullock, Prosecuting Attorney.

Monday, March ilh, 1839. isf Pursuant to Act of Assembly* passed in the Le-ifeislature of Kentucky on the 24th day of January,    Son petition of  Messrs.  Wilkinsons and Mur-jfilaugh, for a change of venue from Jefferson county rfsto Mercer county, the trial of this important case Swas appointed to commence at Harrodsburgh on .<3Monday, the 4th of March, 1839.   On the appointed Wday, the Court being opened in due form, before Judge iViIl' s the Counsel for the prosecution ap-plie 1 for time to collect the witnesses for the Commonwealth, most of those summoned not being in attendance.   Tiie Court required till next day for considering the lt.m:\-\~ urged; and upon resuming, n9n the 5th, decided that all parties should be prepared to go to trial on the following Monday. pTheintermediate time was employed by the pro-Becution and defence in collecting by summons or attachment the several witnesses, most of whom ar-Krivcd at Harrodtburgh on Sunday evening, the 10th, by the stag'-s; ami next morning it was generally Sknown that all partijs were prepared and anxious for the trial.

1 Special term of the Mercer Circuit Court, held in liarrodsbugh, Mercer County, Ky., by act of Legislature changing the venue from Jefferson County   The Hon. John L. Bridges, Judge; Edw'd. J. Bullock, Esq., Prosecuting Attorney. The Hon. Benjamin Hardin assistant counsel, employed by the relatives of the deceased, Rothwell. Counsel for the Defence   the Hon. Judge Rowan, S. S. Prentiss, Colonel Robertson, Samuel Davis, John B. Thompson, Chas. M. Cunningham, James Taylor, and C. m. Wickliffe.

;   First day of Trial, Monday, Wth March, 1839. fc The Court was opened by the crier in the usual form, precisely at 10 o'clock, A. M.; Dr. Wilkinson, Mr. Murdaugh, and their leading counsel, being present at the bar.

After a little delay it was intimated to the Judge that one of the defendants, Judge Wilkinson, was aot in court, and probably would not be able to ach town till eleven o'clock, as information had een received that he had been obliged to wait in Louisville a few hours extra for an important wit-

*Sce Appendix letter A.

The Court suggested a recess till 11 o'clock.

Judge Rowan begged leave before the order was made, to occupy the attention of the court for a few moments, for the purpose of withdrawing a motion he had made on a former day relative to the order in which the Counsel on both sides should address the Court. That point had been since adjusted between the Prosecution and the Defence.

The Court observed that the Counsel on both sides should of course adjust that matter between themselves.

Judge Rowan then stated that by arrangement the order of speaking to evidence would be for the Prosecuting Attorney to open the argument, Col. Robertson to follow, Mr. Hariin next, and then himself, (Judge Rowan,) and the Prosecuting Attorney to conclude.

The Court said there was no objection to that arrangement. The recess might now take place, with an understanding that when Judge Wilkinson reached town, notice should be given to the proper officers, that the Court might resume with as little delay as possible.

Judge Rowan intimated that on Judge Wilkinson's arrival, should any contingency arise rendering it important to the defence to make any change or addition of counsel in the order of speaking to evidence, he wished to make a reservation in favor of such change or addition. [This was understood as alluding to the probability that Mr. S. S. Prentiss had been employed by'Judge Wilkinson, and would. arrive with him for the purpose of addressing the jury.] The Court said it was a matter of arrangement between the counsel on both sides, with which the Court had no disposition to interfere. Mr. Hardin said he had made no concessions on that point. The subject here dropped, the Prosecuting Attorney merely repeating the order before mentioned in which the counsel on both sides should speak to evidence.  The Court then took a recess.

Shortly after twelve o'clock, Judge Wilkinson arrived in a hack, accompanied by Mr. S. S. Prentiss of Mississippi and Gen- Chambers of Louisville,    They drove to Dr. Graham's, where Dr. Wilkinson, Mr. Murdaugh and several of their friends were stopping. It was by this time so late, that it was gene, rally known the court would not resume till after dinner time. 

At half past oneo'clook, the court again sal; Judge Wilkinson,  Dr. Wilkinson  and Mr. Murdaugh being present, were recognized to stive their bail. After the sheriff had called the jury pannel, the Court asked the gentlemen for the defence, if they were ready to proceed!  Judge Wilkinson stood up and said, "I wish, sir, S. S. Prentiss to be called, as one of my counsel."'   Mr. Prentiss was called, but did not answer.   "Do you know, Mr. Wilkinson," observed the Court, "where the gentleman now is?" "I do not, sir," replied Judge Wilkinson, "but a person is gone for him."  After waiting nearly half an hour for Mr. Prentiss, the Court asked'If the swearing of the jury could not be proceeded with, while waiting for Mr. Prentiss?   To which the gentlemen for the defence answered in the affirmative, and the swearing of the jurors, individually, was commenced.  The Court interrogated each juror thus   Are you a house-keeper of tins county?  Are you in any way related to the prosecutor, the deceased, or the defendants; either by marriage or otherwise? Have you heard any statements of the transaction from any persons professing to know the facts; or have you conversed with any of the witnesses on the subject?   To these interrogations ten of the pannel answered in the negative; two answered that they had heard Dr. Graham speak of it, but had formed no opinion from his statements; six answered that they had heard Dr. Graham talk of the matter, after his return from Louisville, and that they had formed opinions; and four were peremptorily challenged by the defence without assigning cause.   The prosecution made no challenges.  Thus, twenty-two of the pannel were called; six of whom were set aside by the court for having already formed opinions; and four set aside by challenge from the defence. The ten passed, with the two who had formed no opinion from what they had heard, completed the jury, and were sworn to try both the indictments. The names of those accepted by both sides will be seen in the order in which they were subsequently called. The six who stated that they had heard Dr. Graham speait of the affray and that they had formed no opinions, were, Marbly, Bruce, Chapman, Col-man, Thompson, and Curry; those challenged peremptorily by the defence, were   Cohoon, Randall, Jones, and Huff.  C. Humphries and Jacob Vanars-, dall were the two who had heard Dr. Graham speak of the matter but had formed no opinions.

Judge Rowan, previous to the reading of the indictments, addressed the court for permission to introduce Mr. S. S. Prentiss of Mississippi, a practicing lawyer at the head of the bar in his own state, and who now asked leave to practice in this court for the purpose of aiding in the present defence. The court assented, being satisfied of Judge Rowan's assertion; and ordered the clerk to swear in Mr. Prentiss, which was accordingly donr.

The jurors sworn and called over by the clerk of the court, were   Benjamin Alsop, R. M. Davis, Buckner Miller, Robert Alexander, John Bowman, John Burton, Elijah Gabbott, John Bohau,' John Adair, Elineazer McGoffin, Charles Humphries, and Jacob Vunarsdall.

The clerk of the court then read the two indictments, as follows:

The  Commonwealth of Kentucky,   Jefferson \ County, and Circuit Set. December Term of the ; Jefferson Circuit Court, in the year of our Lord one thousand eight hundred and thirty-eight, the jurors of the Grand Jury, empannelled and sworn to enquire in and for the body of the said county of Jefferson, in the name and by the authority of the commonwealth of Kentucky, upon their oaths, present, that Edward C. Wilkinson, Gentleman, John Murdaugh, Gentleman, and Benjamin R. Wilkinson, : Doctor of Medicine, late of the said county and circuit, on the fifteenth day of December, l^SS, in the < said county of Jefferson and state of Kentucky, with force and arms, feloniously, wilfully, and of ; their malice aforethouglit, an assault did make in and upon one John Rothwell, there being; and the     said Edwafd C. Wilkinson, with a certain knife, which the said Edward C. Wilkinson then ami there had and held in his right hand, the said John Roth- i well in and upon the left side of the back, near the \ back bone of the said John Rothwell, and also in and upon the chest, near the collar bone and right lungpf him the said John Rothwell, then and there, feloniously, wilfully, and of his malice aforethought, I did strike, thrust and penetrate, giving to the said I John Rothwell then and there, with the knife aforesaid, in and upon the left side of the back, near the back bone of him the said John Rothwell, two mortal wounds   one of said mortal wounds between the eleventh and twelfth ribs of the snid John i    Rothwell, and of the length of four inches and of    the depth of five inches; the other said mortal wound ' on and cutting through the seventh rib on the same ' left side of him the said John Rothwell, and of the i length of five inches and of the depth of four inches; I andalso giving to the said John Rothwell then and \ there, with the knife aforesaid, one other mortal wound, in the chest of him the said John Rothwell, near the collar bone and near the right?lung of hini the said John Rothwell, of the width of one inch and of the depth of five inches; and that the said John Murdaugh and the said Benjamin R. Wilkin- I son, were then and there feloniously,,wilfully, and of their malice aforethought, present, aiding, assist- '} ing, comforting, helping and maintaining the said I Edward C. Wilkinson in giving to the said John I Rothwell the said several mortal wounds, in man- ij ner and form aforesaid; of which said mortal wounds, L the said John Rothwell,from the said fifteenth day of 3 December in the year aforesaid, until the sixteenth | day of the same month and year aforesaid, at the f county'and circuit aforesaid, did languish, and lan- \ guishing did live; and on the said Kith day. of De- " ceraber, in the year of our Lord 18:13, afore: aid, at I the county and circuit aforesaid, the said Jelni Roth- { well, of the said several mortal wounds aforesaid, J did die.   So the said jurors, upon their oath afore- 1 snid,do say   that the said EdwanJC. Wilkinson, | the said John Murdaugh, and the said Benjamin R. | Wilkinson, then and there feloniously, wilfully, and of their malice aforethought, in manner and form and by the means aforesaid, did kill and murder the said John Rothwell, contrary to the form of the statute in that case made and provided, and against 
   * the pence and ilitinity of the commonwealth of Ken-I tuckv. FR. JOHNSON,


Commonwealth Attorney in and tor the Fifth Judicial District.

I A copy, attest:

Phil. T. Allin, Clerk.

The Commonwealth of Kentucky, Jefferson county, and Circuit Set., December Term of the Jefferson Circuit Court, in the year of our Lord 1838, the jurors of the Grand Jury, cmpannelled and sworn, in and for the body of the said county of Jefferson, '.in the name and by the authority of the common-^wealth of Kentucky, upon their oaths, present   that John Murdaugh, Gentleman, Edward C. Wilkinson, Gentleman, and Benjamin R. Wilkinson, Gentleman, late of the said county and circuit, on the fifteenth day of December, 183r<, in the said county of Jefferson and state of Kentucky, with forco and nrms, feloniously, wilfully, anil of their maliceafore--thought, did make an assault in and upon Alexander H. Meek, there being; and the said John Murdaugh, with a certain knife, which he the Hpid John Murdaugh then and there had and held in his-left hand, the said Alexander H. Meek, in and upon the right :'side of the belly, between the hip bone and the na-,val of him the said Alexander H. Meek, then and there feloniously, wilfully, and of bis malice aforethought, did strike, thrust and penetrate, giving to ""a said Alexander H. Meek, then and there, with e knife aforesaid, in and upon the right side of the Kelly, between the hip and the naval of him the said Alexander H. Meek, one mortal wound, of the breadth of one inch, and of the length of six inches, and of the depth of six inches   of which said mortal wound the said Alexander H. Meek then and there instantly died; and that the said Edward C. Wilkinson and the said Benjamin R. Wilkinson were then and there feloniously, wilfully, voluntarily, maliciously, and of their malice aforethought, present, aiding, ggg'sun^, gj.'.pijjg ;g: uing ^uivifMluig. sus taining, anfl maintaining the said John .Murdaugh in the felony and murder aforesaid, in manner and form aforesaid, to do and commit. So the jurors aforesaid, upon their oaths aforesaid, do sty   that the said John Murdaugh, the said Edward C. Wilkinson, and tho said Benjamin R. Wilkinson, then and there, feloniously, wilfully and maliciously, and of their malice aforethought, in manner and form aforesaid, did kill and murder thesaid Alexander H. Meek, contrary to the form of the statute in that case made ana provided, and against the peace and dignity of the commonwealth of Kentucky.

FR. JOHNSON, Commonwealth Attorney in and for the Fifth Judicial District.

A copy, attest: Phil. T. Allin, Clerk Mercer Circuit Court.

BRAftcr reading each indictment the Clerk gave the prisoners in charge to the jury, in this form:

"Upon this indictment, gentlemen, the prisoners at the bar have been arraigned and have pleaded not guilty   and for their trial have thrown themselves upon God and their country, which country you are. You will therefore hear the evidence between the commonwealth and tho accused, and a true verdict give according to the same; and if you

.find them guilty you will assess the punishment--if not, you will say so, and no more."

HgUrfe fifteen witnesses for the prosecution were

sworn, and all bul Mr. Redding .ordered to withdraw into an apartment attached to the court.

Mr. Redding was then requested by Mr. Hardin to state what he knew of the transaction.

Mr. Redding. Some time in December Dr. Wilkinson called at my shop to purchase a suit of clothes and desired that they would be ready on the following Saturday. He then agreed for an overcoat, to be furnished the next week, and a pair of pantaloons, and said he would call at the appointed day for the suit of clothes.

[Col. Robertson here rose and observed to the court that on a former occasion, at the examining court, the counsel for the defence had suffered evidence to be gone into relative to a matter that had occurred some four or five hours previous to the transaction laid in the indictments. He could not conceive why it should now be attempted to connect these transactions. It would be established that the persons killed had not been present at what occurred at Mr. Redding's and had nothing to do with that affair. He therefore objected to the present investigation being allowed to embrace the affair at Redding's store, which formed the subject of another prosecution.

The court said it was impossible at the present stage of the case to judge whether the two affrays had any connection or not; and there could not be any material objection to hearing the evidence now in progress, because if it subsequently turn out that there is no connection, it must be discarded by the jury, as far as it relates to the first affray; and whatever may be given in proof that is not legal evidence will then become harmless. The witness should be allowed to make his statement.]

Mr. Redding, resumed:   I had the clothes prepared, and folded them on the counter to send to the Gait House on the appointed Saturday evening.

Mr. Hardin. Where,was this? You have a tailor's shop?

Mr. Redding. My shop is on the lower corner of Third and Main streets. There is but one square between my shop and the Gait House; but my shop is on the opposite side of Main street.

Mr. Hardin.  In the city of Louisville?

Mr. Redding. Yes.

Mr. Hardin.  Well; proceed with your statement.

Mr. Redding:   On that Saturday ufternoon the Doctor came to my store about the clothes and I showed them to him. I asked him to try on the coat. He said, yes, and took off his old coat and tried on the new one, which he seemed to like very well. He merely remarked, as to the fit of the coat, that it was a little loose; but he had been sick and had fallen away, and hoped soon to fill it up.

He then took the-things out of his old coat pockets and-put them into the pockets of the new coat.  He desired me to send the pantaloons and 

vest to the Gait House, and at the same time handed me a   100 Mississippi Bank Bill, which he requested I would hold over lor a week or two, as he had information with regard to the arrangements of the Banks below, that the discount in a few days would be considerably reduced. He then went away, and in the course of an hour or so, returned, accompanied by two gentlemen, as I afterwards learned, his brother Judge Wilkinson and Mr. Murdaugh. When the Doctor came in the second time he said he would have to throw the coat on my hands as it did not fit and his friends had told him it was badly made   not fashionable; it was the Judge that said most about it's not being fashionable. Ioffered to get any alteration necessary made. He said no, that it was no coat at all. As soon as I found they were not disposed to take it, I said I would keep it. The Doctor then took out some money and said he would pay for the pantaloons and vest; which had been sent to the Gait House. The Judge said, no, do not pay for them, perhaps they would not fit   they would be like the coat. I thought he and Murdaugh had more to say against the clothes than the Doctor, who, I saw, would be pleased enough only for them. He said the law was, that if a coat did not fit it should be taken back. When the Judge interfered so much, I said it took more than one to judge a coat, and that I thought he had already said more than he ought. The Judge, who had been sitting near the stove, then jumped up and said he did not come there to be insulted. I remarked that I did not intend to insult him. He snatched up the iron poker at the stove and rushed at me with it, attempting to strike me, but I received the blows on my arm. Seeing that no one in the store was interferring, and hearing something about a Bowie knife, I thought to get them to the street where some one would be passing, and I seized the Judge and jerked him to the side door, near the corner, going into Third street. As I got him to the door, I think I slipped and fell, and the Judge fell with me. I thought the whole three were on top of me, and I struggled till I got the Judge under me, and I raised to keep off the Doctor, or to pull him down, when he tried to stab me with his knife, but was prevented by some one. The knife was like this now handed me. I think it is the same knife. The Judge still held on to the poker. I should have stated that when the Doctor drew his knife on me, a voice quite near, which I thought was Murdaugh's, cried out, kill the damned rascal. It was then that some one ran up and held the Doctor's arm. I threw them off, and got out on the pavement. Murdaugh was on the pavement, with his knife drawn. I picked up a brickbat, and told them I would whip the whole three if they would lay aside their weapons. Seeing no interference I returned into the shop, and the Doctor fol-

lowed me in with his drawn knife in his hand, de munding his   100 bill. In the scuffle I had Io6t tin pocket book, in which it was, but some one just then, who had picked it up, handed it to me, and I gavi the Doctor his $100 bill. They then went away with the knives drawn, and the Judge carried off the poker. Several persons came into the shop after they had gone, and some advised me to get them taken up. I did not at first want to do so, but after a little time was persuaded to go to the Mayor's office. I started for the Mayor's office, accompanied by Bill .Iohnson;tbut before this I went toJVIr. Fulton's store and got a small dirk knife from Mr. Noel, which I put into my watch pocket. As we went to the Mayor's office we called at Vacaro's and Hymen's Coffee Houses, to enquire for the Marshal, Mr. Turner, or one of the polite officers. No; meeting any of them we proceeded to the Mayor's office, and went up stairs to Mr. Pollard's room. 1 told the circumstances to Mr. Pollard, the Clerk o! the Police Court, and told him I wanted a warrant. He asked me for the names. I said I only knew for certain that one was Wilkinson, but I could get th   names at the Gait House. Mr. Pollard said he could not give me a warrant without the names, but if ! saw Mr. Turner I could get him to go with me and arrest them without a warrant. I told him that i would go to the Gait House for the names, and bring them to the office. We then started for the jail in search of Mr. Turner, and went round there, bu: could not find him, as he was not there. Bill Johnson went into the jail to enquire for Mr. Turner, and I staid outside on the pavement enquiring abou; the officers. Before Johnson came out I started o'. to Market street, and over towards Rothwell's corner. I saw Rothwell, my brother-in-law, standing at Dr. Bernard's office, and told him what had happened. I was going up Market street, and he wen: along with me. We tried as we went along to find Mr. Turner, or one of th