| Show clyde felt may be sent to the reform school the cas of samuel coiling is about to enter on its legal phase county attorney chritensen has prepared a complaint in the regular form charging clyde felt with murder in the second degree and judge II 11 king has been retained as couchel for alio young prisoner he h to bo arraigned before judge dichl this afternoon an obstacle that nuy delay the filing of the complaint is the didi culty ot find ng anyone aho vho will appear aa complaining witness the revelations as to the character of collins have fillol the community with horror and the who under ordinary circumstance would bo perfectly willing to take oath that a crime biad been committed hesitate to abear that the killing of collins was a great crime aa murder 4 it la pointed out that the killing of alio old man by one of the grown rela nivea of the boy n a punishment for collina hideous crimea would have been so nearly a justifiable homicide that there would have been no possibility of a conviction on any criminal charge some are inclined to take ft le charitable the boya case became it alleged he did not the enormity of colllns and ua not prompted by tho aa js excusable impulse thai would have in an older person judge W II 11 king has been retained by D P felt tho father of the ito to conduct the defense when alie child is arraigned v mr whittemore Whitte remarked last night when asked for hia opinion on the felt case that from the facts aa riven in tho newspapers ho would gay that nothing more than could bo made out against clyde tho elements of murder deliberation and premeditation are wanting he said the boy was induced to perform aho act by one who bad a very strong influence over him in my opinion the jury would be instructed ted to take this influence into con I 1 am absolutely sure that I 1 would give ia a rat deal of weight if I 1 were called upon to decide tho degree of tho bosq guilt the penalty for manslaughter ii from one to ten yew imprisonment 8 technically perhaps young felt could bo held for murder in alie second but in my opinion alie cabe la devoid ol 01 the elements that go to con murder the law i said District Attorney ek ahnor that between the ogea of 7 and 14 years the mental capacity to understand der stand the nature of a calmo mut ada ta be shown to sustain conviction above 14 the law presumes that the hag the capacity to coin ft crime unless bonic evidence is offered to show that alic capacity is lacking J affe 0 w bowers holds aliat 0 boy is liable to bo charged and convicted of murder in any decree the same as a grown person q hig case ho says seems to have been a willful deliberate premeditated ivillia done under B circumstances tho law would imply malice malice is of two kinds express and implied express malice must show deliberate intention of unlawfully taking human life implied malice is where no considerable provocation appears or where the circumstances killing show a malignant and abandoned heart judge Dick sons aass A boy 14 years old charged with murder is the same as a grown person in the eyes of tho law if found guilty 0 f manslaughter he would go to the reform school instead of the penitentiary in view of clyde felts age F do not believe that ho ought to be convicted of murder clyde was arraigned before judge diehl at 2 this afternoon on the charge of murder in the second degree ahe date of his preliminary hearing will be fixed forthwith and it is regarded as probable that his attorney wilt put up a strong defense at the hearing as there seems to be rio thing gained by delay and the boy avery anxious to leave his quarters in th e county jail yesterday he seemed more anxious and uneasy than at any time since his arrest lie to realize more and more the serious nature of what he did in hells hollow ithe gloomy weather outside had a part in putting him in this penitent frame of mind his eyelids were red with weeping and he complained to the attendant at the jail aliat lie did not feel well twice during the day D P felt called upon liis unhappy little son the second time he came he brought a new suit to replace the worn garments in which alie boya was arrested clyde was not so depressed as to be past the appreciation of ins appearance and he showed considerable pleasure in getting into the new clothing he does not relish the attention he attracts from strangers and told his faglier indignantly 0 two persons who stood and looked anat him through the grating 1 I got back here lie eaid illustrating hia so they could not see me the jailers are very considerate of the boys feelings and do not knowingly permit any one to gaze at him for the satisfaction of their idle curiosity they also refused to admit a number of his acquaintances who called to see him without the consent of his father clyde has no reason to complain of his fare every little dainty that the jail affords is placed before him to tempt his appetite which by the way needs little temptation he eats as every healthy boy can cat and relishes everything from roast beef to cake to his faglier last night lie explained some of the further details of the disposition of coiling effects after the killing he still professes ignorance ign prance ot the butcher on the ledge above the cave but explains alio finding of the on the side of the hill As I 1 came up the path tuesday morning I 1 found alio purse in the path about where the ow man had undressed I 1 pic kedit up to see if it was worth k butt when I 1 found it had a liola in it it away without noticing particularly oliero it did go but I 1 think I 1 threw it north then I 1 took off my coat and laid it on a rock while I 1 finished building the wall I 1 had it built pretty near to the top when I 1 thought I 1 heard some ono coining and hid down back of the rock a minute or two I 1 came out and ran down out of the hollow 1 I dont know how one of alic shoes got up on the ledge for I 1 am sure that I 1 set them both together by a little stump in front of the big rock that bars the entrance to the cave I 1 did not think about hiding them honest pa I 1 dont know anything about liow tho knife got there unless the old man brought it up before he might have had it in liis bundle because I 1 did not see the bundle when he opened it C II 11 woodward the old gentleman who gave collins shares of stock between 50 and still has confidence in the honesty of his friend there is little doubt that collins got the money and cither spent it or kept it tho disposition of the money is somewhat of a mystery as collina left several small bills when ho went into the hills to his death it is believed that he may have gambled the money away as he was addicted to that vice and bhea under the influence of his favorite drug would talk of winning and losing money on cards clyde felt says lie does not remember seeing the old man in possession of any considerable urn at any time |
