, 1859-01-11
TRIAL OF MICHAEL FINN,
ALLEGED MrRDER OF NATHANIEL v1lL.


C1acu1r CouR4 Or COOK Cousr1, Hox. GzoxaE |
AAn1kRK PzRsnEa. VIZ. L. CHURCH, CIEax--
In this Court YVES concluded yesterday the trial !
of Michael Finn, charged With the murder OF |
Nathaniel Vial in the town Of Cicero, about five I
miles southwest Of this city, On the ed day OF |
June last. The leading circumstances Of sbe
case will be recalled by many Of our readers
from the original account OF the came. and BY
many more from the full reports Of the trial just
ended.
The hearing Of the Testimony was concluded
on Saturday night, and st the opening Of the
Court yesterday morning the opening argument
in behalf OF the people WAS made by Daniel Nc
Ilroy, Esq, who has been associated with Dist
Attorney Ha1en in the trial of the case. The
Ex.Dis,1ics Attorney showed yesterday the saue
eloquence and force Of reasoning which dissin-
euished him in bin connection with that Office.
He spoke about Two hours
The argument for the defence wls opened, md
indeed made, by c. T. Jones, Esq, and the effort
will s:acd ma1sed in the annals OF oct har %
creditable not only to the counsel himself, hut re-
aecting credit On the profession 10 which be be-
longs. The Court room Tas crowded throughout
the day. The seats and ai=cs we're filed oetsi1e
the bar with spectators, who for three hours we're
held in rapt attention as Mr.. Jones proceeded in
his argument.
The line Of the defence has already Eeen amply
Indicated to most Of our rcadess, III the testi:s n
No attempt was made By finn's c'un:tl 10
weaken OF disproYe tile testimony against their
client u far as it went to show that d:a1h hld
been the result OF his mad and brutal violence,
but slm,ly to establish from the testimony OF the
prosecution itself That murder was not his object
in the assault, that the wound inflicted ~ps not
necessarily mortal one, and that in majority of
similar instances death woull not be tle result.
An attempt WAS made also to throw imputations
ofipndicious and improper treatment Of the case
upon the medical Attendance Of the unfortunate
victim Of Finn'a violence.
In Justice TO those medical attendants ard for
the sske of tie feelings Of the relasi-es Ct the
deceased, it is entirely proper to SAT that the
entire attempt Was failure, that the exanina-
| sioa throughout triumphnntly vindirated tho
treatment Of the wounds Of Mr. Eisl as entirely
ratlooal and judicious, in support Of which
stands ncontrosertibly the evidence Of The first
medical talent of our city, called to testify upon
either and both sides Of the late trial.
Mr. Jones argued in most elaborate and
skilIful manner, the absence OF nil express or
| implied murderous intention on the part Of his
| client.
The noon adjournment Of the Court inter-
rupted Mr. Jones' argument. which Was re-
humed at . 7. H., With even larger attendance
than in the morning. The leading point at
tempted to be made By the counsel Was that the
offence was without palIiation or defiance Is uan-
slaughter, hut could no. be held to be murder
within the meaning s!atutes-
Mr. Jones was followed briefly BY Andrew
Hargie, Esq, his associate COUNSEL who de-
clined making IN argument. merely endorsing
and enforcing that Of his associate.
The case for the prosecution WAS closed in 81
argument Of grea: power aud skill By Carlos
Haven, Esq, District Attorney.
The case was given to the jury at half past lire
| at the close Of elaborate and carefully drawn in
structious from the Court in behalf Of the people
| and the defence, nhen the Court WAS a5journet
to 81. Ii. in order to give On opportunity fol
the discharge Of the jary, should they be able Il
close their labors in verdict by tha. time.
At 8 o'clock there was consequently nu
merous gathering at the Cour: Room Of spec
tators and officers Of tue Court to hear th
verdict Of the jury, if such should be cir
en-. The jury, it Was announced to the Court
had not been able to agree. when n. adjourn
ent was had to 4. II. to-day.
Thu jury will, in tho courss OF their duty
should they be able to agree, dad the prisone
guilty of murder, for which crime there is bu
one dread penalty, OF find the crime cue Of mar
slaughter, they further fixing the term Of in
prisonment, which cannot exceed eight yeara.
| The case Of Finn, wlntever be tie verdict
leads us to say that it is among the not infrt
| quent iuatances of crime in our State which, q
too plainly to be dlsregarded, points out the DE-
feet in our statutes ss at present existing, Thlc
do not, as in other States, establish III intel
! mediate grade Of crime between murder An
| manslsugbte1. There is not, IS there should h'
the recognition Of second degree in murde1
! to which should be affixed penalsJ irtermed
ate TO to the highest and most dread known
+ human law, and that wheb classes the acciden
al homicide in the game grade With the burglt
r and the thief
i The obvious affect of such omission is to p1pt
: needless!y onerous aud painful addition to tt
e responsibilities Of the juror. whose lesning
r the side Of justice on one hand, or mercy on Il
e other, is the fertile source of disagreement
e | that defeat and retard the action OF our trib
:. nails and the influence they should exert in le
!. sening crime.
e ARREST or 4 POSTMASTER AND his 6ox II
a RoBB1xa 1ux AAu--ChsEles Leib, Esq, II
d Special Agent Of the Post Office Departner
. snd Deputy Marshal Dougherty, on Saturd
e afternoon arrested D1vid Martin, Postmast