, 1860-08-20

a~"'--etN.-N-@S ~
cARlrIE. IT,. Aak- 18th, 1851.
The Circuit Court IL still in session here. To-
day, tue young boy, Finley. is on trial for kill.
Ing his uncle. Dr.. Wren. The testimony closed
yesterday afternoon. The proof shows that
Finley il not yet eleven years Of age. The evt-
dence that he Killed bis uncle is altogether cir.
cumstautiu1, aud very ycaniy Indeed. The proof
10, thut on the 5th Of July last, Wren and the
boy were lett alone together, for one or two
hours, IN room in drinking house, aud that
at tue end OF that period they were found there
Wren dying OF wounds aud bruises on the
head. aud the young bay sitting or !Sing on .
bench ind singing. One witness only testified
to seeing any art that even circuussanisliy eug-
gested that Finley Killed his uncle. lie testi-
ted thnt Us he approached the house be saw
Finley striking downward ut something" bit
no evidence that he had anything in his hands,
Or that my object or being received the blows.
There WIS no evidence OF any quarrel between
them, or Of any motive for the deed. On the
contrary, il was proved By the prosecution that
the boy Was playing with his uncle about three
o'clock, and got atruddle of him as be lay
upon the floor, doing it in irollcksome way.
No testimony was offered showing that when
he WIS found By the side Of his uEc e, be- show
ed any confusion, ar sign of tear or conscious
ness ot Xnilt. or desire to escape The defense
introduced several Witnesses to prove that
the boy had not the capacity to dlscr1minat=
between good aud eyil. The prosecution
waved the opening argument, and this morn
ing William Homes, E4., opened for the de-
teuse in speech Of two hours. lie was fol-
lowed BY Mr. Sparks. senior counsel in the case
Judge FArri. n was employed by the defense,
and his services we're greatly relied On. But
sickness prevented his taking part in the Argu-
ment- Ben Bond, Esq., is now making the clos
ing argument for the prosecution. The l.ue of
defense chosen WAS thls-tllat person under
the 1xe OF fourteen years cannot be presumed
TO hare that guilty knowledge aud malicious in.
1ent which are essential tU conviction Ut tile
crime OF murder. aud that in orcer to such con-
v!ctlon, such knowledge and malice must be
clearly proved by thhe prosecution, and tha: in
TIE absence OF such proof Acquitial must follow
The lnconcus,re character of the clrcun,stan-
ttal evidence was demonstrated. The boy. a
l'ght.hared, blne eyed, pale .taced child, Is IN
court, With his f4tlsr aud mother. LIZ Hppears
but slightly conscious that he has an- Interest
III the trial. Tbs general opinion Is that the
jury Will lied verdict Of ac& ui:tal. Whether
1t will be because they doubt The physical abili-
~ Ut The boy TO inlet with stlrk. eighteen
inches long and iva inches s.laare, such deadly
1l"~s US we're gissu to Wien, Or because
they doubt the evidence tnat be killed
his bis uncle, even ii able to do it. or because
tte have no proof OF his Intelligent Capacity to
Discern between good and esil, and of naliv-
nant nutive. it is Of course not possible 70 ssv.
But 1t Is deemed scarcely possible tha, the iufy
should hesiiutc TO aruuit Tor solae one Of Ines
reasons, or a!l of tEeu,