The Sun. — 1841-02-13 (London, England)

SCOTLAND.  HIGH COURT OF JUSTICIARY.—FFn. 8.  Henry Kinnear was brought before the Court, charged with the murder of John Blyth, tailor, having, on the 23d of October last, in the street called the Green, in St. Clairtorn, in the parish of Dysart and county of Fife, attacked the said John Blyth, and with his fist or some weapon struck him one or more severe blows on the head, and knocked him to the ground, whereby his skull was fracturei, and he died of the injuries so received on the 28th of October.  It appeared from the evidence that the dece: sed had been for some time " a teetotaller," but had broken through the rules three mcnths prior to his decease. One of the witnesses stated that ho knew this, and that Blyth had been " on the ball" for several days; that he, along with the prisoner and a person named Smith, had met deceased between three and four in the afternoon of the previous day, and went to several publichoases in Kirkcaldy and Pathhead. They purchased two bottles of whisky in Kirkcaldy, which they took to a private house at Pathhead, and drank it. They purchased other two bottles in a house in Pathhead, by which time all were worse of liquor ; and in going from house to house deceased said to one of his companions that he would try a fight if he, liked. The individual pointedly refused. Ile then offered to fight the prisoner, who said he would not, and had got nothing to do with him. Da. ceased put himself in a fighting attitude, and continued squaring at Kinnear for a considerable time, applying a great deal of insulting language towards him; but the prisoner kept his temper so well, that one of the witnesses, said he never saw a man get more provocation, or keep his temper better. When they had got to the east end of Pathhead, Kinnear parted with deceased and another, and went towards his own house, leaving deceased and the other, who wanted to get into Kirk's public-house. A voice like Kinnear's, and in the direction he went, called to Blyth, who ran towards him ; the sound of a blow was immediately heard by a witness, about the time Blyth might have reached Kinnear, and the fail of a body in consequence, and then a person was heard running northward from the body. The witness went up, and found the deceased lying on the road insensible. With the assistance of two chaise.drivers, and Mr. Kirk, the publican, the deceased was got upon his legs, and coming to himself a little, walked home " rather smartly" with one of his companions. His wife heard him come to the door, and a voice say, " Can you make in now, John ?" She got out of bed, but he opened the door himself, and came in • he said, " Kirsty, take off my clothes and put me to heti, for lam murdered." She took off his neckerchief, and tied it round his head, as he complained of pain there, but lie was unable to bear it tied, lie was attended by Dr. \Whams (who is since dead). His wife asked what bad happened, but lie made no answer, and scarcely spoke after. He died on the Sunday morning. -  The prisoner's mother stated that he was engaged in marriage to a young woman, who, on hearing of the charge of murder being brought against him, took ill and died, it was believed, in consequence. The S.ilicitor-General admitted that he bad fai'.ed to make out the charge, and could not call upon the Jury to give a verdict, even of the lesser crime of culpable homicide. The Jury, notwithstanding the statements of the Counsel and the Court, at first gave a verdict of not proven, which the Court refused to receive ; and which they afterwards, apparently with reluctance, altered to not guilty, and the prisoner was dismissed.