<P> Burr, William Peter Van Ness (his second), Matthew L. Davis, another man (often identified as John Swarthout), and the rowers all reached the site at 6: 30 a.m., whereupon Swarthout and Van Ness started to clear the underbrush from the dueling ground . Hamilton, Judge Nathaniel Pendleton (his second), and David Hosack arrived a few minutes before seven . Lots were cast for the choice of position and which second should start the duel . Both were won by Hamilton's second, who chose the upper edge of the ledge for Hamilton, facing the city . However, Joseph Ellis claims that Hamilton had been challenged and therefore had choice of both weapon and position . Under this account, it was Hamilton himself who chose the upstream or north side position . The duel took place near the area where Philip Hamilton had lost a duel to George Eacker three years earlier . </P> <P> All first - hand accounts of the duel agree that two shots were fired, although the seconds disagreed on the intervening time between the shots . It was common for both principals in a duel to fire a shot at the ground to exemplify courage, and then the duel could come to an end . Hamilton apparently fired a shot above Burr's head . Burr returned fire and hit Hamilton in the lower abdomen above the right hip . The large - caliber lead ball ricocheted off Hamilton's third or second false rib, fracturing it and causing considerable damage to his internal organs, particularly his liver and diaphragm, before lodging in his first or second lumbar vertebra . According to Pendleton's account, Hamilton collapsed almost immediately, dropping the pistol involuntarily, and Burr moved toward him in a speechless manner (which Pendleton deemed to be indicative of regret) before being hustled away behind an umbrella by Van Ness because Hosack and the rowers were already approaching . </P> <P> It is entirely uncertain which principal fired first, as both seconds' backs were to the duel in accordance with the pre-arranged regulations of the duel and so that the men could later testify that they "saw no fire". After much research to determine the actual events of the duel, historian Joseph Ellis gives his best guess: </P> <P> Hamilton did fire his weapon intentionally, and he fired first . But he aimed to miss Burr, sending his ball into the tree above and behind Burr's location . In so doing, he did not withhold his shot, but he did waste it, thereby honoring his pre-duel pledge . Meanwhile, Burr, who did not know about the pledge, did know that a projectile from Hamilton's gun had whizzed past him and crashed into the tree to his rear . According to the principles of the code duello, Burr was perfectly justified in taking deadly aim at Hamilton and firing to kill . </P>

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