The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1845-12-17

1 - CO. 'o"'o nan hours delay deli,
u: 5. vs.. Nm. X. Elliott.
! The Urand Jury of this county, CHARGE =. =.
present term to enquire into all Offences w '"e
.ne peace and governmeut of the II g S ~
{ loth INST. returned the following presen,,, 'ne
" The jurors of the U. - for the county ,c'.""
dao' upon their oa,hs, present William r En;".'
ior causing the death of Il. w. Kendall. bv sh"".'
: ing MIN with istol in selEdefencs. ,yban w.
was attacked by and retreating from The s, %s
Kendall. on or about the 23d dxy Of Apon., ''.a
- 'of'' 0" the evidence OF Henry Mcpherson
! ,,,.. PETER FORCE, Foreman
: Witness John Il. Mason. Jubn II NJ,
son. U: 5. Kendrick, w. S. McPherson a.,
. others.' 'A "0's'h and
-, Inc defendant has been confined in the ;,n oe
washington county, since the commission or Ill.,
noaicoe, VIZ: the 23d Of August last, and no NC
OH inns 18th day ofDecember, 1916, motion !.
! 1haue oy MS counsel, r. r. Fendal and Waller
Jones, Esqrs., for his discharge ON IN. r,o,,"I
that this presenment is equiysien, IN ,hs s s
OF " not found or " not true bill" ON an ;nS;.s
ihent Tor murder or manslaughter.
Pesentment IS, strictly speaking, the notice
taken by grand jury of any offence from tho;'
own knowledge or observation withont an, In,
OF Indictment laid before them, at the instance W,
tue Ming, upon which the officer of the c.
must afterwards frame an indictmen,-4 RI.an
s'"9s com SOL Chity's crm law 1863
Ii. A"e ACT OF MARYLAND passed Nov. Sd, 1900
oh. 4--proyides "That from and ,f,a, ~ nE<'
cation hereof no attorney general mr. cle,l pu.,'
peace, or of indictments shall exhibit any b;Ils
VI" o' indictments TO any grand jury aoanst an,
pe'S"n whatsoever, without an express order e.,
'"e Goeerhor and Council, or from The CO.
""eie 'he prosecution is to be, or some one of ~
JUSTICES OF such court, or unless the offsnda, 10
GA we, 20 sucn court, or that the grand iurv
""u VI make Pressntment of the offence ,f ;ho;.
r; aa0"ieoSe' upon penalty Of paying the party
be occasioned by such prosecution snv a' snaii
ute' usages, or custom, to the contrary no,,,n
standing" "o'"iih-
onuer thIs law practice has grown nm n ,r.-
eeue indictments by presentmehts. This nnder
s'ahu 10 be The uniform practice at this DIV ~,
IL mas oeen followed in this instance the witn.sso
having been all summoned by the dis,ric, ,,,or
ney d. me request of the defendants counsel o.
mat the investigation might be made witbou, d.
LAY ny 'he grand jury, he having no further mr.
otherwise interfered 'e' Ut
The inquiry is first, whether /, n,eso,,
acqG''tlng the accused, is equivalent to 6ndia
!" Tue same effect on an indictments And saI
qua. u So does this preseHtm amount IN an ~
qui''a' IN iaw' or have the grand jury. ON ,be;r
responsibility as most important and Tho ax",,'
slve orglnators of judicial criminal nrocaoJ;D
presented such facts as show that in their indr
uheh' no offence, or an excusable one. has has,
committed by the accused =? o'"
flIs'. lhe inquiry has been as full a. i, u,o,,l
nave oeen on an Indictment This The com, !.
bound to presume, or to Suppose. which o u.. 10
aore oy me, that the grand jury in ass,nioo ,b H
"'Bn responsibility they have taken. have nenloc,
Gu tneir DUTY, or mlscoDducted themselvss % -.
oiscnafge. The practice here, imposes FIJI in.
Vestigation on them before they PRESENT. if ,bav
'hey mink crime has been committed-,bev :,
present. and the Indictment follows and ia fraDooJ
presume without any REORGANIZATION of the Wit
nesses i am, therefore, of opinion tb,, ~
sentiment Ofcrme, or the reverse. nndar ,ho PFC
liar practice here, is and ought to be eouivaIso,
10 the action and judgment upon bill of ;odio,
meDt. VI '"uic'-
secondly. DO they present facts which in l,w
amount TO an acquttal. Homicide in l,u svons,
ole Sc dJendendo is, " If two men fiobt and ono
OF mem HES, or II one attack another, and with
out nghtlog he flies, and retreat as far as be c.n
"hli al length no means Of escaping his assailant
e'a"' anu no 'hen turn round and kill his assa-
" ~ J'ue' 10 AVOID destruction, the homicide is
excusable in self defence.' Fost.r o77 Az
FL and Ev. 39l; Blk. Com. I83. Rn.ssu
on Grimes, 543-4 Blk Com. 1874 :. M no.
sole (or at least probable) means of escanino bis
assailant" - e''Sp'"s lib
The Presentment is " William r EIo,t 6r
causing the death of u. w. Kendall by shooting
MN with pistol, in self defence when he was
aHacked oy, and was retreating from the said
Kendall, !" &c. That WIN. r. EIIiott caussd The
death OF II. w. Kendall by shooting bim-the
TACT OF homicide is thus found but thew further
say ne shot him in selfdefence. this emhodiss the
substance OF the definition of killing excnsable
SeH, defence means to protect from 81, assault on
MS lie or to save himself from some oreat bodily
narm' out The grand jury 60 on and saw 60 when
ne was attacked by and was retreatipo from the
SAID Kendall" thereby it seems to me being al
moSt me very terms Of the law on this subject
II; sno the grand jury present, it was case of
seq -aDence-after the accused was attacked
Sno whIie ne was retreating from or to avoid the
deceased, 1t would be excusable homicide in tho
eye Of the law
suppose the grand jury SO found on bill of in
uic'ment, no nOubt is or can be entertained that
lne court would be bound ON such judgment of tho
grand Jury to discharge the defendant. The pre-
sentiment IS under the practice here equivalent.
Know no responsibility but that which owe
10 900 and my conscience for an upright discharge
OF duty. Here, however, there is none. but what
rests on the Grand Jury, who discharged their
ouy with consciousness and integrity, I have
neither doubt, nor right to doubt
am OF opinion the accused is entitled. under
the Presenment made, to his discharge, and so ac-
coTdlngIy order