American Republican and Baltimore daily clipper., 1845-11-18

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 the case was one OF MURDER ana
not bailable? 1t is this: Young Elliott was
standing on the pavement at the corner oi
James store-his usual place of resort-5ong
few doors from his own dwelling. lie was
standing there, smoking o segar and leaning
upon an lion gun-barro, or cane. While
standing there, Baily and Kendall passed hlm
to the other side Of the street, and in doing
which, turned to h. in an insulting manner
and one or the other inviting him to combat
elsewhere. Elliott stood his position, not heed
ing the pTovocaton TO assault. Young kcn-
dali, (who admired and respected, and whose
un.mey death deplore, 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 (who left his portion to give X. free
passage, and TO eVade the pcemedltntcd as
saut,) pursued him in threatening tone, col
Jared him, seized and got possession oi tho
gun-barIti. Elliott, IN the scuiiiG which en-
sued, drew forth pistolthe only available
and cilectual means of defence against the iron
ing) still Ietrcating; and being still pursued by
X, with his ioImldablo gun-Daltol uprascd to
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 rctrcatlng, tired
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
| iustiliabe 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 El-
! lott is, ''Was he justtable in arIning himself,
as a means of defence, with the pstoi"-if lie
did it for that purposel Here is the justIfca-
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
guage, gave +. a severe blow in the eye with
his tist and that one of the parties, X, called
! +. id coward, and subsequently spoke OF
cowhiding; and on leaving the door OF the
store, threatened to whip f. the first place he
caught him. Elliott put himself, it is pre-
sumed, in state Of defence, to prevent lnlary
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 eftectualiy IN
iue or disgrace him. Elliott, too, having u
shattered arm (of several years standing) 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 who made it upon him. When
! II t,..ac ahnu hoip ado he ed
from his position upon the corner to avoid it,
IF he had premoditated injury to the person, or
bid defiance 20 X he could have avalled himself
of the formidable gun-barel to strike hm down
as he approached him. Upon this point OF the
case alone could jury hang even douh, IN
rendering verdict OF Justtiable homlcde!-
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 uch cases, snot eftan l. more
untAvoraUle lnun that of the young ganlieman
who armed himself and met young CUfcofan IA
tue field of personal and deadly combat. The
meeting was equally fatal in both cases. The
The oaiy difference can perceive between the
cases is this The gentleman who shot aud
killed Corcoran premedltaIcd the meeting and
armed hmselfiur deadly combat, but The young
man who shot and killed Kendall, did not arm
himself for aggression or deadly combat, but
armed hlmeslt as precautionary measure OF
dc ence. lie did not premednate q meeting
for deadly combat, but shrunk and rereated
from it wheh forced upon him. The surviving
marty in one case, Of robust health, has full H.
berty, and s participating in the enjoyment OF
home and society, whilst Elliott, who youth
of exceedingly delicate constitution, though Vi
sited by his friends and consoled amidst the
tears and prayers of a heart-strcaen and aged
christian mother, is wasting away within inc
walls ola loalhsome prison. Is this the justice
which the law affords? Thank God, no. IL
is the Justice of the merciful law IN ohe 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 liberaliy and chislan char
ity which prompted the venerable and afflicted
parent of the deceased, in an agony of soriow,
to make that beautiful exclamation of mercy
towards this young man, in which lie invoked
for him the "jusiice of the law" and not perso-
cution in the name of justice. Let US have
then no persecution, engendered either by pride
Of opinion or some less justl6a5le cause. God
save the prisoner from such an ordeal; and
those who administer the law from the punish
mcnt which would await them in time or eter-
nifty, if ony other feeling, save love ofjustlce
tempered by mercy-which 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 retributiyc--it is
thus divincIy inCtituted-and it becomes man
in meteing il out, to beware Of the measure by
which he does it.
There is holiness in public sympathy which
should not be dsregaIded OF violated; aud am
induced to believe that that sympathy is as ii
should be in this case, on the side of the living.
The dead, however estimabIe whilst living, ard
in whatever degree we may reverence their
memory, cannot be affected by our sympathy.
They are beyond the reach as we'll the sympa-
Nd In Irnd cf llIIr