The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-01

proved 10 the fu~A and noR a,i.f.ory manner that
both thu lads ponesd great and unu.nal talents asd
eunning-fueh indeed is rarely met with in young
men in ordinary life Of Is.
Here the .tefimony againa the pfifoner cloIed.
witDef,-rhe mother Of the prifoner. Her .saimo.
ny however rather etablifhed that he was above IL
Her dtrefs, and the eouiequens effea il had upon
the boy, produced a mon affecting feene.~ They
both we2t bitterly and fobbed aloud. For few
moments it Interrupted the proceedings of the court
Many OF the bye flanders fhed tears and every eoun-
tsnsnes was marked with pity and compallion.
Mr.. King Of council for the prifoner role and adj
dreiled the jury in fpeeeh IF an hour. He de-
hvered hn,ielf with great force and eloquence, and
defeHded the unfortunate lad with diny utilized abil-
~. lie was peculiarly fucceGful when he adtr fed
she feelings OF the jury. Every appeared deeply
snested Tor the little cuprit, whole tate they were
to PATS their verdie.
Mr. King having concluded the Diaria Attorney
role IN reply-Aiter prcmiGng that it of the
mott painful duties which his official Gtuation had
ever inpoied, that he fel, the fame fen6bty which
the jury had maniieaed, wsllfor the fuierings Of
the mother as the oisforunes OF ,hs boy he pro-
eee5ed to Rate the law upon the fubjea. He read
ieverai Gales where infants under had been punii
cd IN England with death, after which he went thro'
the evidence minuely, aud concluded with obfervng
that III his opinion the law and the fas conclu-
.. eS4,~ LIE Piuoher, Anu tnAt the jury huit nno
him guilty.
His honor Judge Tompkins delivered the charge
lie began with eautioning the Jury againR indulg-
ing any prejudces which the enorniry or danger ii
the crime might excite. To guard themfrlves AGAIN.
eonSieng for the fake of example, the ground.
OF Policy,or becouie might be -entai to the faety
OF the communicable empsatealy told them to b.
baiied by no fuch confederation, and that il the pri-
Toner was not Fl. obe8 Of legal puniihment, or il
they hada doubt the fabje6t it was folemn duty
which they owed to their condolences and to the law
to acquit.
His honor then recapitulsted the evidence and
concluded with declaring the law to be that boy
bove the age OF is prefumed in law capable to COM
NIT felony, and is liable to fufIer the fame punif
ment as he was Of full age. That boy under IA
years preiuned in law incapable to commit felony
but that the prefumption RATED by the law out Of
tehdsrnss TO infants may be rebuttsd by proof II
therefore 1t ihould appear that infant under the
age OF fourteen and les than feven had very
traordinary diicernment and cunning 70 to diin-
gulih clearly between good and evil, and be fully
CONTIGUOUS of what he did, and Especially If he evil
deneed more intelligence than boys ufually do a,
fourteen, he might in law commit felony, and be the
objea Of punifhnent.--That accordingly cafe. had
been cited where III England girl of Is had been
burnt tor killing her miitrcfs-one boy of 10 and ano-
Their Of who had killed their companions had been
fentsneed to death, and he of yeNs actually hang
ed, beeauie had hid hlelf and the other the bo-
dy ne had killed. And one boy Of only years was
tried at Abingdon for firing two barns.--He difeo-
vered great malice, revenge and cummings was con-
demned and hanged accordingly. In modern times
a boy OF only 10 years was unanimously adjudged by
all the judges in England be ct iubea of capital
puniihmeRt.
His homer however concluded by charging the jury
that in all fuch cafes the evidence of that dcernment
and malice, which is to fupply the of age, nya
.FTsrg and eissr byard all doubt and esni,ad;1ii-
jury retired for about half hour and brought
in verdict of Guilty.
Alter this Martin Hill was arraigned for the Lar
eeny, to which he pleaded nor guilty.. But the evil
dsnce 1gan him 70 full and clear, both as TO his
having committed the theft and Of his capacity, tina,
the jury found hin, guilty after having been out Of
court about FIVE minutes.
Cornwsll was fentenesd to the Rate Prfon during
lie, and Hill fer two years and an half.
M. ea5y.