The New York herald., 1845-12-15

forced construction, OF the en and
Jones. with his accustomed dsberateness, selEposses-
sion, and cearnes of methedical reasoning upon the
in hand took the clue of the appeal of the Dis
rict Attorney against the prisoner He said that as to
responsibility accrung the discharge of the prison
er would upon the inquest in this and up
on the Judge Of the He appealed for the release
Of the prisoner who had already been confined four
months in jail which he hoped for the sake Of humani
y was the foulest and most loathsome in the United
States and then took up the defence Of the legitimacy
Of the presenment II entirely consistent
authority OF grand jurya pressntmsnt did
sarily involve the crminality of individual Present
ments constantly made by grand uries upon vare
ty Of subjects Our grand jury had well presented our
county jail as a nuisance.
A vocE-Yes, Sir. and they once presented the rules
ofpractice in this Court. General laughter)
CRIES-" Silence in Court ~" Walk light !" The
attaches of this judicial hall perssting in this ungram
matical injunction from time mmemorial. Why does
not the Court instruct them to say" Walk lightly y
from common respect to Lindley Murray.
Gen. JoSgs concluded his appeal, by demanding the
prisoners discharge agreeably TO sfths
grand Jury.
the crowd spectators outside the bar eagerly
ing upon the subject and ntenily regarding the pen Of
within the bar during the deba.e-Mr Rises with pa
eIna solcude regarding the ofhe discussion
The prisoner was neatly attred and seemed detected
repentant and yet withal resigned From his youth
ul and delicate almost femme, appearance stranger
would have selected him the last man in the crowd
guilty OF the death of another under any circumstances
Judge Crawford is Of the most venerable looking
men we have ever seen As Commissioner Of Indian
public service His new seems to ni him Ike
old Thus far he has rendered the hghes. salts
faction in his government and decisions ofthe Court
OPINION OF IaE COUNT.
Uniki STATES VS.. H.tiiru X. Etiion-The grand jury
for county Of Washington. charged tho present
term inquire all offences against the peace and
government OF the United States, the 10th instant
turned the following presentment:
The Jurors Of the Urted for the county afore.
said Warrington DO upon their oahs present William
r. Elliott, for causing the death Of T. w Kendall by
shooting him with pistol IN selfdefence when he
attacked by and retresiing FROM the said Kendall
on or about the asd day Of August, AID. lsa5."
county since the commission Of the homicide wiz the
29i August last and now, this 18th day Of December
Walter Jones' Esquires for his discharge the ground
that this prssentment il equivalent to the finding OF
no, found mot true bill, on an indictment for mur
presen,nent is strictly speaking. the notice taken
BY the grand jury Of any offence from their own know
ledge or observation without any bill Of Indictment laid
before them at the instance Of the King upon which the
cncer OF the cour, must afterwards form Indictment
The act Of Mary land. passed Nov as i7as ch a pro-
vides, Tba, flom and aher the publication thereof no
Attorney General or Clerk Of the Peace or of ndict.
ments, shall exhibit any bill bills Of indictments to
any grand Jury against any person whatever without
the Court where the prosecution is to be,
OF the justices OF the Court unless offender be
hound over to such Court or that the grand jury find
make resentment OF the offence Of their know
ledge upon penalty of paying the party greved all the
damages and charges that shall have accrued by such
prosecution any law statute usage or custom to the
Under this law practice has grown up to precede in
uniform practice at this day and been foowe in
this instance the witnesses having been all summoned
counsel that the ight be made wthout
delay by the Grand Jury he having further other
wise interfered
The inquiry Is, first whether presentment acqutng
the accused is equivalent to finding to the same effect
on an Indictment And second fso does this present
ment amount TO an acquitta in law have the Grand
Jury on their responsibility most important, and
the exclusive orgna,ives Of judicial criminal proceed
ngs presented such facts show that their judgment
no offence or an excusable has been committed by
the accused
First The inquiry has been as full as il would have
been on an indictment This tho Court bound to pre-
sumo or TO- suppose, which be done by me- that
the Grand Jury in assuming the high responsibility they
have taken neglected their duty or msconucted
themselves in its discharge The practice here imposes
they think crime has been committed, thew 50 present
and the indictment follows and Is found presume with
out any denomination Of the Witnesses am, there.
lore oi the opinion that presenment Of crime the
reverse, under the peculiar practice here is and ought
to be- equivalent to the action and judgment of grand
jury upon a bill Of indictment
Second, DO they present facts which in law amount to
an acguit,sl Homicide in law excusable to defendants
E two men night and one OF them f'es or If one at
faff Can until al length no means OF escaping his
assailant remain, and he then turn round and kill his
sailant in order to avoid destruction the homicide h ex
Blackstones Com, lss; Russell on Crimes 5asa 4
Blackstones Com ls4 No possible Tor at least pro.
babe) means of escaping his sssailantn
The presentmenii is Here the presentment is given
That W. r. Elliot caused the death Of 4. w. Kendall
by shooting him. the fact OF the homicide thus found
but they further ssy they shot him in seldefence this
embodies the substance OF definition OF the killing
cusable selfdeence, mems TO protect from assault
his life, or TO himself from unjust bodily harm
blt the grand jury go on and say when he was attack
ed by and was retrestng from the said Kendall thereby
this subject.
self.defence after the accused was attacked while he
was retreetng IRON avoiding the deceased, would
be excusable homicide in the eye Of the law.
Suppose the grand jury had so found bill of pre-
sentiment no doubt is or can be entertained that the
court would be bound the emcnt Of the grand jury
TO discharge the defendant The presentment is here
under the practice equivalent.
know no responsibility but tha. which owe to God
and my conscience for an upright discharge of duty
Here however there is none SITS on the grand
jury, who discharged their duty with
and integrity, have,nether doubt right to doubt
Of opinion that the accused is entitled under tho
presentment made, to dischafse, and accordingly
or,er T. H. c.
At the announcement Of this decision, there gen
era round Of applause outside the bar and .hc prisoner
discharged, marched of under the OF Mr. Rives
The presenment Of the grand Jury and the decision
OF Judge Crawford sustsin f may submit our
opinion OF August last that Elotts was at least ba.,a
BILE case under the ussges Of the law What say you
now, MIR Editor
PHu,pELrHiA, Dec. IL, lsls.
There is nothing worthy Especial note today except
the weather, which it wsuld be difficult to match,
think in any other country. Snow, last night with
hail. rain and sleet this morning. and through the day
the streets in perfect food
Herr Alexander concluded his engagement at the
Chestnut street theatre last evening The house was
filed to overfowing The ssguins appear Monday
evening in the Love spelln and on Tuesday In the
Bohemian Girl" They only appear for two nights
on their return from Baltimore For the balance Of the
week, Burton intends to produce a series OF heavy
pieces for the holidays AT the Arch street theatre the
business has been excellent. A. Adams the tragedian
supported by the best company In the CITY, is attracting
crowds nightly. have not been at the Walnut and
therefore can say nothing of that establishment but
what hear reported Mr. Fest played last week
The magnetic telegraph between this city and Nav
York, progresses slowly towards completion From
the apparent inactivity which prevails this terminus
will be some time before it is ready to 20 into opera
ton. -
i Vhere To be -