The New York herald., 1845-08-24

evening, and great many new ofice-hoders will
be there, and some won't because their very ap-
pearance would be against them. We have some
very ordinary men in the public departments men
whom you would discharge from your packing
room, shedding places of twelve hundred and thous
and per year-the mere hostages extorted by men,
bers of Congress, OF the Administration, as fair
and valuable consideration and security for their
deity to the Executive Government. Positively,
we shall have to take hold of some of these custo-
msrs s IN yJop,,a ysrsoma, oy and by ..,, !, !.
cool after rain but IN this case It was cool before
the ran and after several days, it winds up hot
as blaZes.
WASHINGTON August ~, 1916,
Contsnna;n q the &c Case . q wm a. hyus ~ Hsy, otsrs
Ze5sdee Outline Of the arguments pro and
After the close of our report Of last afternoon Gen.
Jones r the s nus % s
Court adjourned A strong point Of his appeal for the
prisoner perhaps the very strongest was to show that
at the drug store desired one Of the young McPheson
to over with him to the Mall e. public common over
S To s ss he
from this remark of the prisoner that he had malice
prepense against the deceased-no intention Of killing
some honorable way for the insult he had received Of
Bailey and the outrage Of the black eye hence Elot
declining
ott who had stepped forward to MCPHERSON IN making
Ssre ssasd Kendall
| came the Avenue for that express purpose
On the reassembling Of the Court this morning, Gen.
JOINS resumed his argument There was some diminu
ton in the popular attendance their curiosity being in
degree appeased and their opinions formed as to the
decision of the Court as to the question of bail Cen
JonA reverted to the circumstances OF the final attack
unon Elliott by Kendall-the imminent danger of the pri
soner nder that attack from the testimony of General
Mason othersthe backward rereating movement Of
Elliott aft n Kendall had wrested the iron from his
he discharge of the pistol the inRiug
by Kendall o. the iron cane at the head OF the prisoner
as usSSf the WITH great q dss
ration Gen. Jone then reviewed the circumstances OF
the almost co-opene assault Of Bailey upon Elliott and
of Baey-the stone in his hand according to one Of the
witnesses his near approach ms superior strength, ms
the store all the circumsa of the assault suggested
to the mind of the prisoner his DANGER ms
at the further hazard of life Ge Jones concluded hs
long and able argument before orsen ano Too
dard by suggesting to the Cout IT, ~ tney shsn De
convinced OF the guilt Of murder the part Oh tne PR
send him to the walls of the me dungeons
if amenable to homicide of inferior deg.ee, to sd-
Judge him accordingy but if the Court SHOULD Dc con-
vnced of the justified defence of the prisoner him
at liberty. Dwelling with deep feeling upon the melAn.
choly situation of the prisoner Gen. said that had
the District Attorney assumed before Court that
the eence of the prisoner was not reduceable
propose distinct motion the Court for the unqua
| ifed discharge Of the prisoner
port of the defence. With Introductory remarks
Mr. Fenda said that the first obstacle which the defence
had meet was that this was prma faea Of muir
der Against the authorities in law quoted by Mr.. Ho
ban for the prosecution the learned counsellor pleaded
that in this age the rust of barbarsm barbarous pre-
rubbed of and that we should be controlled by the sx
stng spirit and letter of laws and the acknow-
lodged rights of the citizen He recited amusing
of late writ Of ha5eas corpus in which, had the ancient
ussges of the original British law from which the law
pelled the laws Of heradry have set down the
indicted party an Earl in violation of the Constitution
ofthe United States Mr. Fendsl cited from the Ros.
tom Law Reporter vol z, p 5S3, opinion defining
killing with malice prepense from that Of ing in hot
blood in which opinion i is assumed, that malice pre-
pense must be established by the prosecution regardless
of the weapons used in the ofence-hat il must be
tabshed from all the evidence and not upon bare pre-
empton under rule transmitted from the eudel barons
down to In examination OF the question, Is there
any evidence to establish the charge Of premeditaed
malice ~ In this case the learned counsel assumed that
the mere carrying Of deadly weapon not proof,
because there was no law among forbddng the
ryng of deadly weapon and the fact Of the prisoner
having iron addition the pistol was rather
against the prosecution He overburdening himself
with arms But give the natural construction to his con
duct and will appear consistent with the principles Of
sedefence He had procured the to resist the at
tack in the onset that might be made upon him. rsserv
said that the prisoner, his return to the store
after arming himself went up to the bowling alley
that he went up there-he did not attack hem-he did
not in the case Of Mason cited yesterday 60 there
and provoke these men-herefore, the evidence ofmal
ce in the of Mason did not apply to this
There concealment- neither Of his pistol-the
they knew that he was armed when he returned True,
ne kept his pistol his pocket as any man should have
done, to show would have been defance-inciting the
opposite party to provocation.
The learned barrster cited the law defining the
raj degrees of homicide and the broad principle of self
defence and seEpreservaton presenting from opinion
in Foser Crown laws that the prisoner in retreating
from the assault of Kendall had actually done than
the law required the law authorizing him to stand his
ground Mr. F. cited the case in Boston, (of few years
ago. of seldge indicted for mansaughter having shot
down man IN the street. who attacked him with acans;
cision this case ustyng the conduct Of the
prisone the bar the ground Of selfdefence. Mr.
Fendail examined with great effect, the circumstances
of the rs assault upon Elliott; he had been insulted
the bowlnE alley; he came away; he met these two
sSes eass sna sympsh Bailey .s he
would stood up for fracas rather than surrender
the alley Kendall charges Elliott with r., cowsrdiSs and
next assais Elliott they are separated; Bailey assails
him. and strikes him an ignomnious blow on the syei
that he would cowhide IL prisoner, and whip him the
first time he caught him. nd in the deposition Of Bailey
have one 81 the songs ads IN sans
manly manner, and said afterw,trd that Kendall could
not get gentleman to stand by 'im Bailey stepped up
anything" The subsequent conduct Of Bailey proved
that he was man of his word here, H. en- we nave ing
prisoner naturally weak young man, h rher eneeo,sa
by recently broken arm, and NOR. recently ice en-
feebling disease, threatened to bc whiPPcd tassrS
to be cowRided; and wit the from ne other
that he would act with Kendall in anything The
prisoner to arml himself he did order to deiA nd
himself against the odds opposed to him. In review of
general uniformity of the evidence in favor of the
prisoners conduct in the controversy and the aay Mr.
enda said that the minor discrepancies Of the testmo
ny immateral and natural from the confusion OF
the moment and the numerous incidents crowded into so
short space He illustrated, that these discrepancies
natural by an incident in the life Of Sir Walter Ra
leigh Sir Walter was confined in the Tower, and had
writing history Of the world One after
1oon ne witnessed from his window fight in the street.
Ind noted with the interest and the deberation which
,is situation suggested In the evening some dozen,
perhaps, of his friends called upon Sir walter and
nenced narrating the circumstances Of the tight He
induced from curiosity take down the evidence Of the
several witnesses; and though in the leading features