The New York herald., 1845-08-25
LATEST INTELLIGENCE.
Washington.
Correspondence Of the Herald.l

WASHINGTON, August q, l845
Case of EHioH-Decision of the Comt-Rsfections
Thereon-Pu Morals and Public Opinion Dis
cassed-Cases Of Ben Hardin and Of Cassius M.
Clay, Of Kentucky-Some ne,o and Important
Fdcts-Case of the u. s. Journal and II. L. Rieu
"A Hard Hit from Old Coon.
The Court, constituted of the two Justices, Nor
sell and Goddard, in the for the killing of Wm
z. Kendall, and the manning Of Josiah r. Bailey,
by VIM. Rufus Elliott, with a revolving pistol, in
street fracas, on Pennsylvania Avenue the after
noon of Monday last, in pursuance of adjournment,
met this morning In the Court room of the City
Hall, at IL o'clock
A large crowd of persons were waiting in the pas
sages for admission, and when Mr. Woodward
turned the key, there was general rush for the hall
OF justice, where SO many offenders have received
their quletus, and where not few innocent men
have been arraigned at the bar, for offences against
the laws
Mr.. Justice MoRsELL asked Of the Counsellors in
this cause, if they were ready for the opinion OF tho
Mr.. FENDALL, associate counsel for the defence re-
Piled, eyes, sir, we are awaiting your decision"
Justice MoRsELL then declared, that in the opinion
OF the Court regarding the offence OF the prisoner,
Wm Rufus Elliott, upon deliberate examination of
the testimony and the authorities bearing upon this
case, 1t was not of the class within the purvew of
curIty other than the person OF the prisoner; and
that therefore, the Justices had come to the conclu-
sion, that the accused cannot be admitted to bail
In the matter of the assault by the prisoner upon
the person Of Josiah R. Bailey, with intent to kill,
the Court had agreed to admit the accused to an
swer at the criminal term in December next, in the
sum of $4,000.
Mr.. Justice GODDARD said that the counsel for the
accused had another resort, appeal from the de-
cison OF this the Judge Of the Circuit Court
for this county Mr.. Goddard could not remove from
his mind, upon considering all the facts in this case,
the unpleasant Impression that the offence, OF the
prisoner at the bar the result of premedation
and malice.
Mr.. Justice MoRsELL confessed to the same cOnclu-
sion. Besides, If the prisoner was really In danger,
dali and Bailey, he should have looked for safety as
it offered in the law, and not assume the Office of
the law in redressing his grievances, regardless of
the laws.
Mr. FENDALL thought that it would be useless In
holding the prisoner in custody to answer for the
first offence, to demand bail for his appearance In
the second case.
Mr. GODDARD thought II might be useful in case
the prisoner discharged upon bail upon the first
offence, the killing of Kendall.
Gen. JONES thought it not improbable that the up
per court might discharge the prisoner upon both
The Justices continued some time writing, and
the crowd remained with their eyes fixed upon a
small, pale, delicate and melancholy young man OF
| twenty-five years apparently not over seventeen)
within the bar. He looked more like page who
had offended his princess, than man arraigned for
the taking of life. Mr.. Blair was at his side, with
Mr.. Maury, ready to answer in $20, 900 for the ap
pearance when required, of the prisoner. One Of
the officers of the court, however, came up to him.
and whispered, when he arose and walked outside
the bar; the whole OF the motley crew OF staring loaf
ers precIpating themselves, their curiosity,
with sort OF suppressed oath, after the poor fellow
The sympathes OF the crowd were decidedly in ia
w OF the prisoner, and muttered - -!
which we heard from more than one OF the auditory
in their retreat referred to the unantcipated de-
cision of the Justices.
The counsel for the accused will, we think, ap-
peal to Judge Dunlop, on writ OF habeas corpus,
from the dppslon Of the IuSfICpS the
OF the discharge admission to bail of the prisoner
Unexpected is this decision, from the conclu-
sons We had deduced from the testimony, II is very
easily accounted for 1t was new case before these
law-observing and honest justices-a case involving
precedent in law, of which they dreaded to assume
responsibility not perfectly clear, legal, unqueson-
tees (and the other, for all we know,) is consist
ent MEMBER as stated IN our letter of yesterday
of the (MethodisD schurch. He looks upon the
crime of bood-sheddng with the terror OF chris
tian-construng the law a christian, and form
ing his opinions materially from his religious predi-
lecuons.
Now in this case we assume, and it cannot be con-
roverted, that young Elliott is not the offender-n
not to him that the guilt of this offence must be
imputed but to the state of public morals in this lat
itude, and the tone Of public opinion. Had he sought
that redress against the threats of Kendall and Ball
ley recommended by Justice Morsell-that redress
of appeal to the laws, binding the two young
men me to keep the peace-had he pursued this course
OF safety-he would have been hoOted from the assO-
| "For Brutus is an honorable man."
| You know-he would have been kicked, and cuffed,
and spit at whenever south of Mason and Dixon's
linethe reproach Of the cowardly of sheltering
himself under the law-made for old grannies and
decrepid old men, would have followed him. He
would have been drummed out OF camp as base In
former and a coward.
We have had quite enough experience in the evils
of the pistol and bowie-knie desposm Of the South
we have seen men in all the pride of manhood,
stabbed before our eyes, and the offenders released
with a mere formaity of examination-we have seen
weapons of destruction carried, exposed about the
persons, even in the presence of the ladies in the
West, and we do believe that the Northern idea of
the supremacy and suffciency Of the law is extend
ing itself over the line We rejoice IN this sonyic-
of Elliott the most reprehenslble part of his conduct
in our view, is his running away from the ground.
1t had, perhaps, gone better with him had he stood
and fought 1t out like a man.
We have no partiality for Elliott. AS young
man, doing nothing, engaged in no useful pursuit,
we had thought from our casual acquaintance with
him, that ne presumed too little upon his own me
rts, and entirely too much upon the high position
and we-deserved influence of his brother-in-law,
John c. Rives. Bailey is spirited little fellow,
and sets type when he ca get job at case. Ken
dali was amiable, good-intentloned, and withal,
quite promising young man. We liked him very
much He gave evidence, in his Industrious habits,
In his general good conduct, Of becoming a good
and useful citizen. And we liked him for II. But
when we see any thing about us savorlng or smell
ing of persecution we shall stand out for the perse-
cuted party as we have stood In this case. We care
not whether he is for or against US care not for
our personal opinion of the man; we 60 for fair
play, and the defence Of the weaker party.
A gentleman from Kentucky, distinguished not
less for his veracty than his intelligence, gives us
the following facts respecting the history of the no
torious Ben Hardin, and the late movements in Lex
ngton, in the suppression Of Cassius M Clay's
abolition paper In the Of each of these heroes
it may be said
"IIe who fights and runs away,
May live to fight some other day"
Ben Hardn's wife had relative in distant part
of kentucky, who wished that his daughter should
be taught the millinery business. MIR. Hardin ad-
yised him to send her to him in Frankfort and he
would place her suitable to her fathers wishes. She
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