The Daily Cincinnati Republican, And Commercial Register

Trial of a Boy for the Murder of his Cousin.

We short time since noticed a murder, committed in Tompkins county, New York, by a lad named Armstrong, the victim being his own cousin, a girl only nine years of age. The culprit was recently tried for the offence, and the case excited the deepest attraction. Dr Kellogg testified that he was called in April last to see the body of the child -that it was on the Sabbath, there being snow on the ground. The body was in a bed at the house of the father of the deceased. There was a bruise on her neck, inflicted transversely, in length rather short of an inch, which had severed the wind pipe in the centre, about one third. From the examination of the wound, he was decidedly of opinion that the large carotid artery of the neck was divided. The cut had the appearance of being done at a single push, and it must have proved fatal even to a grown person. Another physician testified that the wound could not have been made by one cut. The body was found almost sixty yards from the house in a low sunken swamp; and the appearance of the track on the snow was as if the body had been dragged. The following is the testimony of the deceased:

Witness is the mother of the deceased. Witness saw the prisoner at her house, about three quarters of an hour on Sunday morning. He went out at the door and asked the deceased to come out with him, which she did. After that witness went out and laid down to sleep. On rising, witness spoke to her husband, and told him that Elizabeth had gone away with Joseph. Witness then went out and saw the prisoner talking with her husband. Witness asked the prisoner where deceased was. He answered that he had left her in the meadow, and that she said she was coming to the house. Witness wondered what had become of the child- Prisoner said he had not wished the deceased to go. Witness then went to the house of her father to see if the deceased had not been there, but did not find her there. Witness then came back. Prisoner assured her that he had left the deceased in the meadow. Witness saw the tracks where they had gone into a swamp, and followed them a short distance--Her husband went with her, to whom she called when she came from the house of her father. Her husband told her to go back, as it was wet, and he would follow the tracks. She then went back until her husband came out in the meadow, and she went across and pursued a straight course towards him-The track appeared to come cross a path of briers, and my husband followed them. When I met him he was a little ahead. I came out on a little wood road-Witness' husband then hallooed; we were then in sight of the deceased body, and he said that Elizabeth was dead. Witness stood still and saw the deceased. (The examination of Mrs A. was shortened, she being very much agitated.)

Cross examined.--Between the meadow and the road there was no fence. The prisoner and the deceased had several months before had a childish difficulty. The prisoner had then struck her, it was last summer at the house of witness; but he afterwards played again with her and appeared sorry for it.

Another witness testified as follows:

Stephen T. Brown, sworn.--Witness was not at home---came home from meeting. Mr Armstrong told witness after he came from meeting of the circumstances. Witness then asked prisoner, who was then at his house, whether he had his knife. (Here the knife was produced, an ordinary pocket knife.) Witness asked the prisoner if he had (the witness) knife, which he the same day examined. Witness saw stains on it, but whether they were of rust or blood he could not say-When Mr Armstrong and myself were together at my house, the prisoner came to us from the house; after he had come forward two or three rods he halted. Mr Armstrong called to him, and asked him what he had killed Betsey for. He answered, he had not. The conversation about the knife then occurred. I asked him if he had had my knife to cut birch. He said he had not hurt Betsey with it. Soon after this conversation, witness went with Armstrong to his house. The prisoner accompanied us. Witness examined the knife after he had been to Armstrong's house. He then went to Armstrong's house and found there the body of the deceased. The prisoner did not go in the house, but staid at the rear. Witness then went home, Joseph (the prisoner) accompanying him. Witness went and looked where he said the knife was, found it and examined it; there were stains upon it, but whether blood or not, cannot say. Witness examined his clothes. He then had the same on as he had at Armstrong's. There was some blood on the skirt of his coat, a little blood on his face, on the side as though spattered, a drop or two. The coat appeared as if it had been rubbed on something bloody— Did not see that his coat appeared as if it had been wet from washing.

The testimony on the part of the defence, amounted to this;--that the prisoner was a dull boy at school-ignorant and inattentive, uncultured and uncultivated,-he was not an idiot or a natural fool, but possessed sufficient sense to distinguish right from wrong. His school teacher testified, that after the transaction, his sleep was sound, and he ate his meals heartily. The jury returned a verdict of Manslaughter in the First Degree, and the prisoner was sentenced to fourteen years imprisonment, in the Auburn state prison.

In the course of the trial the father testified:

"Prisoner was often at my house; had been playing with my children, had often done so. He was in some weeks at my house every day, and some weeks not at all. Prisoner and deceased had played together. He seemed fond of being with her Before-living with Mr Brown, he had lived with another neighbor. Prisoner has a father living; mother died when he was small. His father is laboring man, and has two other small children. The prisoner did not live with his father, but with Mr Stephen T. Brown."