CCLHP: Deposition of James D. Ellington
State of Illinois
Coles County
I, James D. Ellington being first duly sworn according to Law depose and say. That I was in the Court House in Charleston on Monday the 28th day of March 1864. When the riot occurred, when the first shot was fired on the west side of the Court House, I ran from my seat at the Clerk’s table to the window at the North-West Corner of the Court Room; that on reaching the window I saw a man just outside the west door, that I recognized as John H. O’Hair with a revolver and fired two or three shots. My attention was then called to Colonel G. M. Mitchell and Robert Winkler who came in at the West door struggling. Colonel Mitchell was hitting Winkler over the head with his revolver and Winkler trying to shoot Mitchell during the scuffle. Mitchell called upon George Ross one of his soldiers to help him, Ross took hold to assist Mitchell when Washington Rardin gathered Ross and they scuffled out of the West door. About that time Dr. S. York came in at the West door and seemed to be assisting Mitchell, at this time several shots was fired at York from the South door if the Court House and he let go and started as if he was going into the enclosure around the Bar. When he was about 3 or 4 feet from the West of the door leading into the South side of the Bar, he was shot in the back. My best impression is that Henderson O’Hair is the man that killed Major York. About the time York was shot Colonel Mitchell called to me to help him and I went to him and succeeded in assisting him to get the revolver out of Winkler’s hands. Colonel Mitchell I believe got the revolver. About this time the firing had ceased in the Court Room and I went to where Major York had fallen and stayed by him until he died. I then went out at the West door into the Court House yard and saw 25 or 30 Copperheads assembled on the South East Corner of the square near Morton & Clements store with Elsberry Hanks leading them.
(Signed) James D. Elington
Subscribed and sworn to
Before this 2nd day of April A.D. 1864
>M.C. McLain M.P.
