American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-11-18

loIclpH young JJuSG, l'du ~ Evil ~ ','N'P' ,'
view; but as we must judge of things by their
effect, that fact can alone be determined by the
developments of mind and time.
And what is the character of the testimony
upon which the magistrates and learned Judges
decided that tho case was one of murder, and
not bailable? 1t is this: Young Elliott was
standing on the pavement at the corner OF
James store-his usual place OF resort-5oing
u few doors from his own dwelling. tie was
standing there, smoking segar and leaning
upon an iron n-harrcl, or cane. Whle
standing there, Baily and Kendall passed hm
to the other side of the street, and in doing
which, turned to +. in an insulting manner
and one or the other inviting HIM to combat
elsewhere. Elliott stood his position, not heed
ing the pIovocaton TO assault. Young kcn-
dali, (who admired and respected, and whose
un.mey death deploro,) who stood on an OPP
posite corner, nearly fifty yards distant, with
some friends, including b., against the advice
and resistance Of those friends, came across TO
Elliott (Wh0 left his portion to give X. tree
passage, and 10 eVade tho ptemedltatcd as
saut,) pursued him in threatening tone, col
Jared him, seized and got possession oi tho
gun-barItl. Elliott, III the scu5e which en-
sued, drew forth a pisto-the only available
and efleCtual means of defence against tie iron
gun Ddtltl-dtLCUlF w NV AbhS "a ''- F4'N
ing) still Ietrcating; and being still pursued by
X, with his formidable gun appraised 10
strike him or TO throw at him, again fred, and
killed his aggressor. simultaneously with this
firing, he was closely pursued by B., with
stone in hand; as he was still rctroating, fired
again and again, as he was thus pursued, and
wounded his second adversary. This is
brief summing up Of the testimony connected
with the street atlray. The public has decided
that, so far as this goes, Elliott was perfectly
| iustyablc to defend himself in the manner he
did in the last resort. The only point upon
which any, so far as | know, ever attempt to
hang doubt of justification against young 81
lott is, ''Was he UNSUITABLE in arning himself,
as a means of defence, with the pistol"--if lie
did it for that purpose! Here is the justIfc2-
ton: Witnesses prove that, an hour or two
previous to the transaction, there had been an
alteration between E., B., and X, in a store.
That B., upon a supposed provocatIon, IN Ian
guagc, gave Z. a severe blow in the eye with
his fist; and that one of the parties, H., called
+. a id coward, and subsequently spoke OF
coWhiding; and on leaving the door OF the
store threatened to whip +. the first place he
caught him. Elliott put himself, 1t is pre-
sumed, in state of defence, to prevent injury
TO his person. He might justly have supposed
that brave, vigorous and determined young
man such as X. was, would execute his threat
in that manner that would most ehectuaIly In
iule or disgrace him. Elliott, too, having u
shattered arm (of several years standng) and
delicate constitution, was totally unable to
stand up to either OF his assailants. Elliott
did not make the assault; nor did he visit an
unusual place Of resort to put himself in the
way OF those vino made it upon him. When
the assault was about beng made, he retfeated
from his position upon the corner TO avoid 1t.
! IF he had prenedtated injury to the person, or
| bid defiance 20 X. he could have awaited himself
! of the formidable gun-bartel to strike hlm down
as he approached him. Upon this point OF the
case alone could jury hang even doubt IN
rendering verdict OF Unsuitable homcide?-
yet the learned Judge decides, virtually, that
the prisoner is guilty Of murder and not en-
titled to bail.
The position of young Elliott towards the
law governing in UGH cases, 8 not ertaiI |, more
unf4voraLle tnan that Of the young geutleman
W ho armed himself and met young CUrcofan ia
tue field of personal and deadly combat. The
meeting was equally fatal IN both cases. The
The oniy difference can perceive between the
cases is this The gentleman who shot aud
killed CorcOran premedltaicd the meeting and
armed himselffor deadly combat, but The young
man who shot and killed Kendall, did not arm
himself for aggression or deadly combat, but
armed hlmest as a precautionary measure OF
dc ence. He did not prcmedliate meeting
for deadly combat, but sirunk and retreated
from it when forced upon him. The surviving
party in one case, Of robust health, has full IL
berty, and is participating in the enjoyment of
home and society, whilst Elliott, who Is youth
of exceedingly delicate constitution, though vi
sited by his friends and consoled amidst the
tears and prayers of a heart-strIcken and aged
christian mother, is wasting away within the
walls ola osthsone prison. Is this the justice
which the law affords Thank God, no. IL
is the Justice of the mercifa law IN one case and
of conscience" in the other.
trust that those in whose hands the law has
placed the power of life and death will, in tins
case, permit their action to be tempered with
that same kind Of liberality and christian char
ity which prompted the venerable and afflicted
! parent of the deceased, in an agony Ut SORROW,
TO make that beautiful exclamation OF mercy
towards this young man, in which he invoked
for HIM the "justice of the law" and not persc-
cution in the name of justice. Let US have
then no persecution, engendered either by pde
of opinion or some less iustIfiable cause God
save the prisoner from such an ordeal; and
those who administer tie law from the punish
ment which would await them in time or eter-
nifty, if any other feeling, save love of justice
tempered by mercy-whch IS divine attri-
bute-shall influence their action. Let him
have the benefit of all doubts either in the evil
dence or the law. Justice ia retributyc--it is
thus divnely instituted-and it becomes man
in meeting it out, to beware OF the measure by
which he does it.
There is holiness in public sympathy which
should not be disregaIded or violated; aud am
induced to believe that that sympathy Is as il
should be in this case, on the side OF the living.
The dead, however estimable whilst living, and
in whatever degree we may reverence their
memory, cannot be affected by our sympathy.
They are beyond the reach as we'll the sympa-
thy as the envy and hatred of man. Our. sym
| Ea1...u /, % ts Lilo