The New York herald., 1845-08-23

i WAsHNGroN, Aug. 81, Is45.
contiguatiGs se Case Ssere Justices Mer;eH and God
men on either side opened before the Ceu-.absract Of
the Proceedings.
with spectators. the interest in the having under
gone no abatement 1t was half past L. however be-
fore the evidence was resumed In the interim
Mr.. DENT asked leave. make few remarks, explain
aory Of his position before the Court in this case He
had received message from the family of Hon. Amos
Kendall Tuesday morning last, soliciting him to take
such part in this affair its judicial investigation az
might be consistent with his discretion He had assum
ed the humble part he had taken therefore, in comp
with this application and in reference the fair
and honorable cha racter of the deceased Mr. Kendall
had arrived in this city this morning at o'clock. The
learned counsellor had Mr. Kendall He had appr0-
we'd the course pursued by Mr. Dent and desired that
all the enency sanctioned by the laws might be accord
ed to the young arraigned at the bar Unfortunate
unmely had been the late of his son. Mr. Kendall re-
garded the unhappy attitude Of the prisoner still
Mr. psnt sss .d .nese
further part in the cause after the closing of the evil
dence unless the circumstances of the should die
tate different course.
At the instance Of Gen JONES
Rev. JOSIAH vARDEN, Of Georgetown, sworn. At
Of the Avenue and lath st. heard the report Of
apistol; and an exclamation of surprise led
to look up the Avenue then heard a second report,
heard the third report reached the Democratic Hail.
Opposite Union ofice) am confident heard
than three reports The first that presented ITSELF
on my arriving at the ground, some person endsa
voring to put young man into DR., Mlers. stood
moment TO hear what the young man r Bailey nad
say. He turned round and said he wished to go to Dr.
Burrowss, as he was a relative of the young man.
then left the scene They had already taken Mr Ken
dali into the store on the corner Of l4th street
Mr. HoBAS to address the Court-He said that
all the evidence this melancholy transaction had been
heard and that the question which ne should pre-
sent to the Court whether the eence OF the pri
soner was entitled to bail not The Counsel the
other side by anticipation, had presented to the court
that thew would demand the unqualified discharge Of the
prisoner as having acted the ustfabe ground of self
deence Mr. Hoban said that he should after the testi
mony that had been heard plead that the act Of the pri
soner deliberate MURDER and that bail accordingly
could not be admitted. The District Attorney then con.
graduated the prisoner his having secured as his
counsel the veteran head Of the bar (en Jones) be-
cause he, he Prosecuting Attorney should feel him.
self compelled to urge this upon the court as pri
ma tace act of deliberate murder. The learned prosecu
tor then passed to review of the evidencethe hrst
difficulty in the ball alleyhs going into Jamess store
the three young with their about each others
nccksthe drinking Of the sodathe refusal of Elliott to
drnkthe banterng of the charges Of cowadice and liar
between Kendall and Elottthe words between Elliott
and Bailey-the lick upon the eye Of Elliott by Bailey
the departure Of Bailey and Kendall and the acknow
lodged regret Of Bailey afterwards at what he had done
the evident anger of Elliott upon the departure Of
Bailey and Kendall from his expression and threats in
the storehis departure after washing his eyshs ab.
sence Of two hours when In the eye Of the law, his