New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-02

THE KILLING OF MARSHAL ARMS IN T0PEKA.-
The fact of the killing of United States Deputy Mar
shall Arms by John Ritcbey at Topeka, on the Doth
inst, has already been made known. Some additional
facts come to MS by The State Record, paper pub
lshed at the place named.
John Ritchey was a prominent and fearless member
of the Free-State party daring the months Of 1852
1856, 1857 and this account he had been an object
of hatred to the Slave party. He was arrested in 1856
on charge of ma robbery, said to be ridcuously i'm
probable by those who knew him. Alter suffering
much the hands Of his csptors and aers he effected
bis escape On the 10Th inst. Arms, the Deputy Mar
tba tried TO rearres. him on the same charge aud was
ehot by Mr.. Rt,hey.
The latter gave himself up, was at once tried and
acquitted From the address of bic counsel we qnote
enough to show the line Of argument:
"Mr. Dow opened the on the part of the de-
tense, by expressing his qualification At the honorable
course pursued by Mr Brockway, the attorney of the
people. in this exsmip alton He announced his inteu.
ton TO do little more than read the Law, upon which
the defense would rely for an &C luitta lie conceded
to the Territory, what they had not proved that
States and had in his pocket two wrts for the arrest
of John Ritchey. He said testimony had been ad-
duced for the defense, but they were willing TO take
such case-not as the Territory had ms de but such
as they wished to make and desired TO mske-and
upon their own showing, John Ritchey must be dis
charged.
"Arms fell in the house of Rtchey, with drawn
pistol in his hand, loaded with powder and ball. Did
he fall as an officer in the discharge OF his duty
citizen entering Ritchey's house feloniously2 The
Territory has shown that Arms asserted that he had no
writ or process for Rtchey. in the presence Of Rice
and therefore was wsaout the protection of she law
an officer.
"But even as an officer in the discharge of his duty
be should not have entered Rchey's house withoIl
Ri,cLey had first refused him admission. Leonard
Arms entered unsw July and was shot down. when
Rtcbey had more than retreated to the wall He read
the law of homicide from the statutes of Kansas, and
showed that Leonard Arms was shot while com.
nitog an assault with deadly weapon pom the per-
son of John Rchey and under laws the latter was
justified, and must be discharged"
The decision Of the Judge was as follows:
"I have had the matter under candid consideration
since the commencement OF the trial. and believe
that realize the importance of the position that oc-
cupy, and that have endeavored fairly to scru'inzs
the evidence with that candor and iuparality which
the subject under consideration 30 Justly demands and
after fully weighing the evidence with all the ability
which my poor feeble nature possesses, have come to
the honest conclusion in view Of my responsibility to
my God, my country, and myself, that John Ritchey
has committed homicide but enc ustable in the sight
of God and man. This being my honest convi stion,
the Court deems it to be it's duty acqu the prisoner
at the bar charged with the murder of Leonard Arms
and discharge him from the custody of the law