xt7d513ttv03 https://exploreuk.uky.edu/dips/xt7d513ttv03/data/mets.xml Daviess, Samuel 1819  books b923431d2896s2009 English Kendall and Russells, printers to the state : Frankfort, Ky. Contact the Special Collections Research Center for information regarding rights and use of this collection. Trial of Samuel Daviess, for the murder of Henry Pendleton Smith; at a court held in Harrodsburg, September term, 1818; with an appendix. text Trial of Samuel Daviess, for the murder of Henry Pendleton Smith; at a court held in Harrodsburg, September term, 1818; with an appendix. 1819 2009 true xt7d513ttv03 section xt7d513ttv03 










negatives collection'



THE object of this publication is, to expose vice, and do justice

to the. character of an unfortunate youth.

Gn considering the circumstances which led to tlie death of a j son, and remarking the incidents which occurred, on ial of his murderer, the undersigned deems it a duty which he owes to io expose those profligate men who conspired

his. (.'    uction or were pleased at its accomplishment.

The character of the deceased, for integrity, honor and truth, >    was unspotted. Yet an attempt was made to prove that falsehood; aeasion of his death.' It was a duty which an father owed to.a murdered son, to wipe thisimpnta-h in . memory. .This, he'believes, is completely done by the testimbrry and the appendix.

lowing publication, the testimony, as to the gnilt or innocence of Jhe accused, is inserted complete, and all those deci-t court which had an important bearing upon the trial. To have inserted the preliminary proceedings entire, and all the arguments if counsel, would luive increased this pamphlet to an enormous size, and was not necessary to a correct understand-:ianccs which attended.this mournful event and extraordinary trial.   Hoxvcver, did not the subscriber believe, that the public will think with him, that the interested speeches i would rather perplex than elucidate a subject which ' :i:i,from the testimony alone, to the most common capacity, he would insert tlie speeches, at whatever trouble or face and truth are Ms object.   He has no revenge to grutify, and nothing now can bring back his beloved son from the v. nd to which he has gone.   The wise and the

predate his motives, and do justice to his feelings;   ' -    'ie ex      the censure of .ilte wicked and depraved. Devils id of internal Justicewhicji iiiflicts their torment, may be Ahe opinion of the public, lie has the appro-own conscience; and when society shall awake tit Idliargy, and visit upon the great as well as the     . erich as well as the poor, the punishmeul due to then, if not before, will he stand justified and ap-ts if an impaiiial world.

   THE undersigned having reported the testimony in this t\se at the request of Mr. Smith, would merely observe/that his only object has been to give a true and faithful report. There may be omissions and mistakes; but he is satisfied they are few, and knows they are not intentional. Whatever errors may have been committed, he has the fullest confidence, that most of those who are interested, will be too liberal and too just to impute them to any other 60urce than the difficulty of taking down the very words of a witness, in the noise, the hurry, the anxiety and perplexity of an important criminal trial.

   TRIAL, &c.


WILLIAM L. KELLY, Judge. . PAUL I. BOOKER, Attorney for 'he Commonwealth.

i?ORGE SHANNON,} ^rmesfor the accused.

THE grand jury having reported the indictment,' both for murder and manslaughter, a true bill, on Tuesday morning September 11th ; that day, Wednesday and Thursday were speutin preliminary proceedings, during which the array of the venire was 'quashed for partiality in thef sheriff, the coroner and senior magistrate set aside for the .snme. reason, and * an elisor appointed to summon a new venire. Thews was not, v    , any imputation of improper conduct against any of those gentlemen. .


The jury having come into court, to wit: Thomas W. Fry, Starling Turner, Frederick Harris, Cornelius Gozine, \YJ1-. Kam M'Ginnis, Anthony Prcwitt, Charles Row, George [well, William Phillips, Samuel Bunton, Elisha Stoneand James I.l'Ewing, the trial proceeded.

. Testimony ontiie part of the Commonwealth.

Claiborne Bradshav) examined.

Witness stated tliat he was standing about five steps from Smith and Daviess, but heard none of their conversation, t thing which attracted his attention was Smith's rawing his arm, at which time Daviess likewise raised his arm, and they gave a blow apiece about the same insiant.

tstioned by Mr. Booker.   He was not looking at them until he saw their arms raised ;  both raised about the same in-: he thought Smith's hand was open, but did not know j    1 not think the blows very violent; Daviess staggered hack; title, whether from the blow or not lie did not know ; did; -itth advance   they were close together} Daviess. 
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might have got away if lie had tried, was not hemmed in; there was a post near, but it was his impression there was a passage by it through which Daviess might have escaped; heard Daviess make no threat; did net see Smith have any    weapon ; saw Smith that day afterwards, but did not sec the wound.   

Cross-examined by Mr. Itotvan.   Witness did not know whether Daviess' lint was on or oft"   did notnotice; the first thing which attracted his notice was Smith's raising his arm;" knew nothing about the quarrel, and did not hear a word of the conversation ; thought that Daviess stood on tlie outside of the posts, and Smith on the inside, upon the sice-walk; did not recollect whether there "was any plank across from post to post or not; did not know whether Smith's hand was open or clenched ; saw them both .strike ; thought Smith struck Daviess in the face ; Daviess appeared moved back, but he did jiot know whether by the blow or whether he retired.; saw only one blow; Sinith used great exertions to .get at Dayiecs again, and appeared irritated, but was held by capt.-T. P. Moore and col. John Thompson ; did not see Daviess advance at all ; heard no threats, and did not see Daviess before pa that day.

*si (luestinnedfurther by .Vr: Booker.   Witness said, it was after tlie blow, that Sinith appeared irritated ; it was his impression that Smith gave Daviess a slap, and not a blow, but ho was not certain.    

Thomas P. Jlbore examined. .

Witness was passing out of the court-house to Williams* siore, on the first day of the election, and when he came, on the inside of the railing, saw Smith and Daviess in conversation on the outside ; did not apprehend a light, but after he had jmssrd them some steps, heard the noise of fighting. Witness turned hack, and saw Smith's fist drawn hack, and likewise Davbss'; Smith's blow appeared to strike Daviess' head, and Daviess' appeared to strike Sinith about here (putting his hand on the collar bone of the left side) ; did.not see the previous blow. Witness rushed in and seized Smith, to prevent further violence. .

(lucslionrd by JUr. Honker,   Witness saw no dirk in Daviess' hand until he had turned around alter letting Smith go ; Da-: yiess appeared staggered back by the blow, but showed no disposition to retreat; both were standing outside the railing, Daviess' back being obliquely towards it ; saw no weapon in Smith's baud;  Daviess was standing, when witness 
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turned round, with the dirk in his hand ; did not then kilsw' Smith was wounded; prcsumos Daviess might have re-tcd, but it is matter of opinion merely ; there were not many persons near; Daviess was not brought to the ground by the blow, but staggered ; knows not which struck first; saw no adVarice; both were close to the railing; the passage was iteaf; thought Daviess stood three or four feet above it; the railing is about waist liigli-

Cross-examincd by Mr. Rowan.   Witness said Daviess was close by the post; Smith showed a strong disposition to pursue jDavicss   he broke away from witness, but was prevented by the help of Mr. Thompson ; Daviess might have given Smith smother blowy but it must have been while witness was holding hirn ; Smith's strength had' not been tested   he wad well formed and to appearance a stout man   was 21 years old, as vitness was informed, and Daviess was 43, according to his own declaration.

O'nsstioned further by Mr. BooJier.   Witness did not know Smith's weight, but supposed it might lie about 170 ; in-the first part of the affair Daviess might have got away ; when witness passed them in conversation, they wen: not very near therailing, and if Daviess had turned, the street; would have been before him ;' saw no weapon in Smith's hand ; did not know Dawess' weight, but supposed it to be about 150.

Cross-examined further by Mr. Tfoifaii.   Witness did not believe Smith's weight to be 200, but it may be 170 or 175 ; when witness passed them, in conversation, Daviess might have got clear by turning and running; he was within three, four'or five feet of the railing ; did not see him on the railing    when hold of Smith, witness' back was turned to htm   on turning, saw him standing near it, with the dirk in his hand ; it is witness' impression that Daviess' hat was put on when he turned round; did not observe the dirk when he first interfered,* had seen Smith repeatedly on that day before, but was ignorant of his intention to attack Daviess ; saw him ahoitt half an hour before; from Daviess' position when witness passed them, he supposed he might escape by running, but knew not how it might have been changed by the subsequent quarrel; he thought Daviess' blow struck Smith's neck.

Questioned further hy Mr. Booker.   Witness said, when the blows were given the't'e was no attempt to escape ; both were ing towards each other; by turning one way Daviess would have been against the railing, by turning the other he would have hud the street before him and might certainly have mssM. 
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Cross-examined further by Mr. Rowan'.   Witness did not say he could hnve escaped the blow which was then aimed at him.

William J\"nurse examined.

Witness said, lie knew little about it; he heard a noise, and' turning his eyes saw a couple of men, one of them capt. Daviess, the other he did not know, aiming a blow at each other. Both blows' were given at the same time, and he thought Smith, struck Daviess, but that Daviess did not strike Smith, for his fist did not seem to tourli, him ; the street was full of people, and he did nut sec any thing more.

Questioned by Mr. Hooker.   Witness could not see their position, as he was across the*street; Daviess' back was down the street; he could not sec how near they-were to the railing:; was sure Daviess' back was down the street, for he was on the other side, and saw his side-face; did not sec Daviess retreat;' thought the blow was violent; Daviess staggered down the street; could not sec whether he was against the railing or   iot: did not know that any wound was inflicted.

Cross-examined by Mr. Rowan.<   Witness could not see the whole posture of Daviess' body, but saw his side-face and shoulders, and thought his back was down the street; his attention was attracted by the noise of the affray.

Questioned further by Mr. Hooker.   Witness thinks Smith's hack' was up the street; -he was not between witness and Da-, -vicss.

Cross-examined further by Mr. Rfiivan.   Witness was at the upper end of the market-house, a little lower down the street than Daviess and Smith, so as to form a small angle ; thought 'both parties advanced, but did not know whether tliey stepped    or whether it was the effort in making a blow; did not sen .their feet.

John Thompson examined.

Witness did not sec the commencement oflhe fight; he first    *6aw Daviess staggering towards the post, as if -lie had ' been struck or pushed ; thought he had been pushed by Moore-; as he was staggering, his hat fell oft"; witness sprang in by Daviess, and seised Smith.

Questioned by Mr. Hooker.   Witness did not sec the stroke or the weapon ; they were near the railing; did not sec Moore push Daviess   when witness crept in, ho was between viess and Smith, keeping them apart; there waSTOomenough for Daviess to get away, if he had tried ; did not know that 
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SmiOi had any weapon   he appeared to exert himself in the contest; did not sec tho wound,' but Smith said ho was dirked,

as we .were carrying him off.

Cross-examined by mr. Rowan.   Witness said, Smith made violent exertions to get at Daviess again ; he was a largo strong man; did not see Daviess cither retreat or advance; he had before him a dirk or a knife; when the blow was given he staggered back obliquely against the railing.

Questionedfurther by mr. Booker,   Witness did not know whether the whole chain of posts was planked at that time or not. f ."      I v _    -;'

Stephen Jlttnday examined.

Witness was standing opposite the market-house, near the upper end, when he saw a quarrel raised across the street. He went over, and saw col. Thompson have hold of Smith, whom he took away. Davis was standing with his dirk in his hand, and observed that he had stabbed him with his dirk    that he did not know whether he had done him any injury, but damn him he did.his best to put it to his heart. Witness then turned and went away.

Ouestionedbi/ mr. Booker.   Witness said, he did not sec the commenccnio.it of the fight; they were carrying Smith away, and there was a crowd of people around.

Cross-examined by mr. Rowan   Witness did not know to whom he first gave this information, nor how the prosecution knew it; he might have spoke of it in the presence of some of them ; Mr. Riggs applied to him : did not recollect any person standing by, except perhaps Basil Prattler; the expression was used a minute or two after he stepped up ; Thompson and Smith had gone up street; did not know to whom the expression was addressed   it was to a man before him ; witness knows Williams, formcrshcriff   did not see him present; did not know whether Mr. Bridges or Mr. Pryor was there, for paid no "attention ; did not know who the young man was, until he enquired and heard it was judge Smith's son; saw Da\ with the dirk in his band, who said he did not know &d iiijiuc. him, hut ho did his best to put it to his heart; did not notice any person between himself and Daviess ; did not observe the post and railing.

question.   Did not Daviess say he had dirked him, and he ottld dirk any man who would rush on him without cause in the street?

:r.   No ; he said damn him he did his best to put it jart. ov he wished he had put it to his heart   witness JS 
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(liinks lie said lie did Ids best, &c. There might have been' fifty ]iersons present, for the"street was full; there was a crowd on the outside in front, lie was on the right hand down the street below Daviess ;'    remembers nobody there hut Pra-ther; has been in the county 12 or 15 years ; thought he had repeated the very wordit of Daviess; no person had applied to him hut Mr. Itiggs as he could recollect; did not know whether the deputy sheriff had applied to him; he was summoned by Wester.'ield ; did not know whether Smith was out of sight, for he did not look alter him.

Thomas Keel examined.

On Monday, (lie first day of the election, witness was standing near lite upper corner of the market-house, with his back towards the street, when he heard the cry of a fight. lie turned around and saw Daviess standing up and Thompson earning away Smith. Witness went over to the spot, and while he stood there Daviess spoke these words: By God I aimed to kill him, and damn him I will kill him if he comes near me. Witness saw the dirk in Daviess' hand, down by his side.

Questioned by mr. liuoher.   Witness did not sec the scuffle, the first he saw was Daviess standing up and Thompson taking Smith nil'; Daviess was standing oil the side of the street near Williams'store : there, was a considerable crowd about; witness walked off after hearing the'expressions; saw the wound, it was on the collarbone, it was fresh, and there was blood on the outside.

Cross-examined by mr. Jltnvan.   Witness docs not recollect to whom he mentioned this circumstance, except to Tom. Woods and Edward Worthingfon, the latter of whom called at his house to enquire what lie knew about it, and he told him the same words; Smith'was not carried off when he went over from the market-house,-but they were carrying him off; saw doctor Bosley and col. Thompson between Daviess and Smith ; saw Bosley have hold of Smith, who struggled violently to get at Daviess ; knew Thomas P. Moore, put did not see him ; saw what he saw when walking over the street}, did not know Smith before; did not sec Williams or Bridges there-; his whole attention was turned to the parties ; Daviess nscd the expression after he was up and Smith.was away from him; it was a common dirk, did not know whether it was silver hilled ; did not know to whom Daviess spoke ; I.e. ^vas near him on the upper side, nobody between; did not know Stephen Mtinday; is positive that Daviess use;'. 
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   words " by God," to (be best of Iiis knowledge; did not'know    whether Y/orthingtnn knew before he told him, what he would    state or net: Worthington did not repeat the words to him, but asked what he had heard, nor did he mention.what other witnesses would prove; witness believes he did state what he understood -Witness would prove; did not know when Worth-ingtou applied ; lie was the only one that applied, and he did not go into \vitness''housc, but sat on bis horse at the bars and enquired.'

Andrew JMox examined.

Witness was passing out of the court-house, and wh'en he had got out at the door, he saw doctor Bosley leading Smith along, and thought they were going into the clerk's office, but they passed on and wcut into a small house above. Witness ran up and saw the wound, and asked how it had happened, hut could not learn. lie then went down to Mr. Daviess' store, and went in, where he found Mr. Daviess, Mr. Hriilgcs and many others. Some person asked Daviess how deep the wound was   he answered he did not know, but he took damned good aim, and the next time he got a crack at him he would aim a damned sight better,. Some person asked Mr. Oridgqs the'same question, and he said it was a damned pity he had not put it into him up to the hilt.

Cross-examined bymr.ltowan__"Witness said he did not

   hear of the-jury which' tried Daviess for a riot until some days after, it could not have been before Daviess made these expressions, or if it was, it was very hasty : he thought Daviess was angry   he spoke in an angry mood ; witness made no cn'quiry before he got to the hotise where 'Smith was carried; when he got there many people were crowding around, the house was full, lie enquired how it had happened, and could get no information, only.that Smith had struck Daviess and that 1 ;> vicss had dirked him ; Smith gave no detail of the circs . -zas, for he was not in a situation to do it; witness did "not know who made the enquiry of Daviess, but thought it an in cotton clothes; ho observed only Bosley and Moore with Smith ; who else was with him he did not know ; did not know Samuel M'Afce;' all present might have heard the expressions of Daviess, if they had listened ; Da-his store, near the door; witness was within the house; did not know who else were present, the entry /as full; did not enquire of any body as he went along, nor : ber of whom he first made tho enquiry; witness ssions horrid, and remembered them better 
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on that account; did not hear any other person express what he felt; witness was not applied to by any body for this information, he slated it at Perry villc ; he was first asked about it by Anthony Johnson ; judge Worlhington had spoke to him on Monday, since the court began.

Question.   Do you recollect hearing Daviess say it was.a random stroke ?                 

Answer.   No ; I heard no such expression.

Question.   Did not Daviess say that he would stab any man who would rush on him without?cause ?

Answer.   I do not recollect such an expression. I think he said that Smith rushed on him.

Witness did not hear Daviess say it was unexpected ; was in the store from five to fifteen minutes ; went out immediately after hearing those, expressions ; Daviess sat on the counter, persons were speaking to each of the characters who sat there.

Question.   How can you account for the anxiety which led you iuto Daviess' store ? s

Answer.   If an a Stray happened here, I reckon you could get information of it here better than in Lexington'.    

Witness knew Daviess, and expected Daviess knew him, as he shook hands with him, he cither knew or affected to know him.

Cross-examined further by mr. Shannon.   Witness knew neither Smith nor any of his family, except by sight; nothing but curiosity led .him to the store ; knew Daviess better than Smith, never shook hands with Sinith ; remembered the expression, because he thought it was horrid that the man should feci so.         >

James Jf'ood examined.

Witness knew nothing of what took place on the first day of the election. On the last day. he was coming from Da-Tiess' store to the court-house,' when he saw some man standing in the street with his arms on Daviess' shoulders, talking with him. Witness stopped when close to them, and heard Daviess say. that at tlie time he stabbed Smith it was his intention to kill him, and he still wished he had done it.

Questioned by mr. Booker.   Witness said, they were standing in the street near the store door ; had no conversation with them; did not know the gentleman to whom Daviess was speaking; it was after dinner.

Cross-examined by mr. Rowan.   Witness took the sacrament here last Sunday; did not take up a stray lost spring 
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doctor Hutm took up one; the conversation was'on the.third day of the election ; no one else was near ; they were standing as if they were talking secrets, witness stepped up and heard the words stated, when he came-to the court-house; Daviess said he meant to kill Smith, and still wished he had done it; Daviess did not say meant to kill-Smith, hut said meant to kill Jam, witness supposed he alluded to Smith ;    thought the expression horrid ;    their voices were not high ; witness did notspoak   knew not whether they observed him   was closo to them, partly at Davrcss* back   wished to get information. On being asked by Mr. Rowan, whether it was his habit to bei ,vc in that manner, he said it was his habit to behave like a gentleman. Made no enquiries of them ; spoke of it first at did not know who Was there, nor how many he had

1:1 it to; thought he had mentioned it to Jo. Uurcham. ' tieDid you not. say, at Smock's Sale, that you thought Daviess had done right, and that if you had been in. his pir.ee you would have done the same ?

Mr. Booker objected, that whatever the witness thought, it could r.ot bo evidence.

Mr. Eawan contended that this question was admissible, to show the consistency and credibility of the witness, &c.

By the Court.   If the. witness had withheld the expression of his horror, the question would be improper and impertinent* but as ho has spoken of his horror before the jury, the court thought the question admissible and proper.

Answer of witness.   When 1 arrived at the sale, they were talking of this transaction. A considerable, 'argument arose, and Ecclcs took a very active, part in favor of Daviess^ and seemed to be in a great passion. I observed, that if Smith' had said he would rush on Daviess, i did not blame Daviess for 'what he had done, and that ['would do it myself.

Witness did not know to whom he had given the information ;' he often spoke of it; in his family; did not know the man who was talking with Daviess, he might weigh 100. and was perhaps forty years old ; witness had conversed with nobody on the subject, during the court, but a Mr. Coombs, a witness; Coombs asked him what would he his evidence; did not question Coombs.

The witness was required to repeat the words of Daviess in the first person, but refused, alleging that he had already given the/words several times.

The court directed him to repeat them in the first person, which was done.    '. 
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Witness stated, it had not been suggested to him to v. -Daviess; lie did not buy any thing at the store; lie went to the store as much before as since ; could not say whether when he was last in, Daviess was absent and he had waited his return ; saw the man who was talking with Daviess once since, down on Salt river, at the time of the sale ; knew him by his having a handkerchief round his neck and one arm slung up as if it was sore; did not say his arm was in-the sling when he was talking with Daviess, but on Daviess' shoulder; the handkerchief was of the same kind as tho one lying on the table.

Richard Thompson examined.

Witness was at Williams'store, and hearing a fuss looked outinto the street. He saw Daviess and Smith in a striking position, and saw Daviess' hand up. They were separated, and witness stepped out. He saw the dirk in Daviess' hand, and heard him say he was getting to be an old man, and would defend himself when attacked by a young man.

Questioned by mr. Booker.   Witness did not sec the commencement of the affray nor the blows, but saw the parties in a striking posture j did not sec Daviess retreat; knew not which way his face was turned, it seemed sidewise to the street; Daviess was near the post, his back partly towards witness ; the post was between iiitn and witness ; the posts were some feet apart, Daviess could have passed between and gone up or down the side pavement; witness saw nothing like advancing or retreating ; Daviess appeared very angry.

Cross-examined by mr. Rowan.   Witness said, that Daviess stated that lie was getting to be an old man, and would defend himself when attacked by a young man ; Daviess went home immediately ; witness did not see any railing on the posts.

Questioned further by mr. Booker.   Witness said Daviess' hack was rather obliquely against the post; did not know what induced Daviess to go armed, nor whether he usually went so.

Question by a juror.   Did youj.ee Smith strike Daviess ? Jtnsivcr.   No.

John Wycqff examined.

Witness knew nothing about the fight.  Ho was a/lorwi in Daviess' counting room, and heard him say that lie had insulted Smith, that Smith struck him, and he threw up hand and stuck him in his damned woozen. 
   Cross-examined lr$ mr. Rmvan.   Witness said, tliat he had reported what he heard at different times, and had spoke of it. ;:iiam Timhcrlakc's, and that George B. Thompson, in spoke to luni and enquired what he knew.

Benlley Taylor examined.    

Witness said, tltat all he knew took place at Eullock's stable, in Pcrryville. "Daviess was told that Smith had stated that ho was not a friend to the war, and Daviess said that Smith was a damned, pitiful liar, an understrapper and a tool, and he would tell him c,f it as soon as he got to town.

   .-   .-examined by mr. Rowan.   Witness said, that Smith had stated thatDaviess was an enemy to the war and to every act of the administration ; he did not hear Daviess make any threats.

Henry Willis examined.

itness stated, that a few days before the election, Daviess called at his house,, and said that he understood Smith had been making statements injurious to his election. Witness told him he had not heard any from Smith. Daviess staid some time', and named what Smith had said at' Bullock's. Witness tpld him he had not heard of it. Daviess then said thtit Smith was employed by Moore to electioneer against

    that he was a tool for Moore, and a damned, mean, lying rascal. Witness never heard Smith make any statements about Daviess at all.

Cross-examined by mr. Rowan.   Witness told- Daviess of something he had heard that Daviess had said, and told him something which passed at his table, between him and captain Moore.

Question.   Did you not tell him that capt. Moore said that he had got Woodson to treat for him with two barrels of whiskey, aiidthathe had employed two men who were notoriously insolvent to electioneer for him ?

Mr. Booker objected to the question.

Capt. Jiloore, who was in court, requested that the examination might proceed, and the witness be permitted to answer, to which Mr. Booker assented-j but the court interfered and forbade it.

JDr: Josiah IJale examined.

Witness was present at the time and place mentioned by Taylor, arid heard Daviess call Smith many hard names, such as an understrapper and a pitiful liar. 
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Questioned by mr. Booker.   Witness said, that something     which Smith bad slated to doctor Gordon, led to this conversation. It was stated, that Smith said Daviess was an enemy to the War, and that Bullock had given up Smith as the author of the report   aP did not pay very particular attention tu the conversation.

Cross-examined by mr. Rowan.-   Witness did not. recollect that it was told to Daviess, that Smith' had said he was an enemy to every act of the administration, and he heard Daviess make no threats.

JuhnJIanna examined.

Questioned by mr. Booker.   Witness heard some conversation about the dirking, at Gordon's room. Daviess was present, and said that he did not think the wound was deep enough to kill him, for he had examined the dirk and [putting his linger on his thumb, upon the joint] said that it had not gone in farther than that. Dr. Hunt), Mr. Bridges and others were present.

Cross-examined by mr. Rowan.   Witness was sure, that Daviess put his finger near the joint, and not on the thumb nail ; did not recollect his saying, that it did not penetrate more than one eighth of an inch. The evening after Smith's death, lie mentioned this conversation to several gentlemen, and believed that doctor Bosley was at his right, and Mr. Worthrngton at his left, and several others were present: thought Daviess put his linger upon the top of the joint: never heard Daviess make any threats directly or indirectly.

Edward Bulloch examined.

Witness stated, that Daviess was a candidate for the legislature, and some things of an arbitrary nature were reported which he had said about the establishment of the bank. Capt. Daviess procured some certificates to vindicate himself from

the chargi s.   On the-day of August iast, he called at my

house, and asked if I had made any objections to him ? He then brought the certificates and showed them to inc. We then converved concerning the precinct, and he said he would satisfy moon that point.   We then sat down to dinner, and at the table 1 told him that I understood he was inimical to tl war.   He enquired who had said so, and stated that it was ? lie.   As-he seemed to-wish to know who was the author, lest ue should think that I started the report, 1 thought I n give up somebody,   hooking around, 1 saw doctor; io whom Smith had made the statement.  I told Davi 
   C  17 ).

id 86., X do not know whether I can recollect the i which he used, but he said in substance, that ean, pitiful liar, an understrapper and a tool, ver lie lived to get to Harrodsburg, he would stdp him ny nor6 lies about him.   After Daviess went 'sit uneasy; for I iiad never given up an author bc-   . fore wrote a letter to Smith, informing him, that iveil him up as the author   stating that I.was sorry d would explain the matter to him when I saw him. letter I received an answer, which perhaps it is un-I.    

   /ere submitted to the counsel for tlie accused, id them, and observed, that it was unnecessary to trou-court end the jury with the reading of them, as they it be evidence in the trial. It was admitted on all iat they were not evidence, and they were not read.

{etters maybe-found in Appendix, Nos. 11 and 12.] zoned by mr. Honker.   Witness gave no information to n. his iettcr of what Daviess had said, but only told. ;it he had given him up as the author of the report j ;;it!g in the letter calculated to raise Smith's pas-witness does not remember the words used by Daviess y, but lie said if lie lived to get to Ilarrodsburg, he -:o rascal's mouth from telling any more lies im, or something to that effect; Smith was at witness' cduy preceding, going to Springfield, as he said, depositions   he dined there on his retur