Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1865-07-27

Capt. Ellington appeared before Esquire Os-
borne on Friday afternoon last to answer to the
charge, made by his adversary, of an assault and
battery with intent 10 murder. but waived an ex-
aniRatien,- 1.-The Justice having decided the case
in advanee,-and was recognized to Court for tri-
al, his bail being fixed at 500, which was given,
and the defendant at liberty Rather small bail,
we should think, upon so grave charge, provi-
ded the Justice thought there WAS any prob ability
OF its being sustained.
The following is the decision Of the Justice
above referred to, copied from the last Democrat,
OF which he Is one of the editors Whether the
Justice cr his associate wrote it we cannot say,
but the improperly OF such an article, under the
circumstances, strikes exceedingly garing:
"Ex-Deputy Provost Marshal Babington was
brought before Justice Osborne on Monday last
Oh a charge of assault and battery with intent TO
murder The assault was made with heavy sung
shot on Geo. W. Carlisle, and would have resulted
fatally had not the coward missed his aim We
for5ear comment this week, as the matter has not
undergone investigation, but we cannot refrain
from expressing contempt for the Infamous
coward who strikes with slune shot, and then
boasts OF his physical strength" ~
Ofcoursc il would have been foolish for Capt
B. to enter into aH investigation before Justice
who had thus prejailged the case AMI announced
his decision ia advHnce Of the examination. This
is tho kind OF civil authority, presume, that
Dem ,c.atic editors aud stump orators iaul 50
highly when denoaHeing military tribunals that
have tried and convicted their political friends
merely for c0nSp;riug 10 involve the Suite in
bloody instruction, murder the President. and 9TH
loyal men How much more dangerous to civ
il liberty wOaid milit ,ry rule be than civil OurtS
presided Ogcr by slch Justices as We have ia Ply
mouth? Ii i utterly untrue that Capt Babington
assaulted Carlisle with suns shot. intended to
strike him with it, as there VS. nothing to prevent
his doing ID he had wanted TO. provided he had
II in his hand at the time, which is probable, but
We are informed by seEtlcmIn who present
and saw 1t all, that Capt b. tossed the shot over
his anita Onists head, with sucl slg force that ii
would not have hirt him had il hit him, and then
struck him with his fist between the eyes. II was
n severe blow, admit. placing him hors de ~,
bat, and no doubt Carlisle thought he had been
struck by srng-shot lightning, but no one
who the occurrence, except the coDDerheals
perhaps thought that Capt. b. intended 10 murder
him, Whatever the result N eht have been. As
to Capt. Bl5incton's cDss5r!ice. ii the editors of
the Democrat think he is easily frightened it is
more thIn they mike good many of their
political friends believe, who have tested his met
tie; but ii the editors wish &c demonstrate the truth
of their assertion. We think We haZird nothing in
saving that Can't. B viii agree % sht them both
at once l.li promise - a. - nothing bit his open
hands. ana il he don't lake them both cry cIvey
IN minute and half we viii agree to treat to the
lager. or give them oil hat Is it any more :,
mark of cawariice 70 carry slunE-sIot for self
defence. than revolver or dtggerl Almost eve
~ prominent Democrat IN town carries a revolver
OF digger AL the time. Are they all cowardsl
No one whp knows Capt b abingdon believes that
he would use Il siuny-shot or anv other weapon
than those uttur. hts given him, on an unlrrned
antagonist, in fiir hsht. What he would do in
ca @ he was assiiled or tlrel.cned by man he
knew he 1rmc J. rnlv b. Inferred by what others
would DO under similar circumstances.