Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-10-13
THE HALO WE'LL MURDER.
To the Editor of the Journa g.

To the Editor of the Journa
In your issue of Monday last, was an article
copied from the Portland Press, in relation to
the recent homicide in this city, which think
should not be suffered to pass unnoticed. In
asmuch as Mr.. HosweH is soon to be tried
for his life before jury to be selected from
citizens of this county, who are supposed to
be habitual readers of newspapers, can but
regard the publication of such articles as the
one in question, as exceedingly UNJUST and
improper However guilty this man may be,
he is certainly entitled to a far trial before
an impartial, unbiased jury.
Experience has shown that in homicidal
cases which shock the public sense and create
excitement, it is difficult to obtain jury of
strictly and purely impartial men, and in
many States the law provides for change OF
venire to some other county than that in which
the alleged offence was committed IN order
to make certain the selection of unbiased
juries. In our State the law seeks to guard
against this danger by excluding all jurors
from the PANEL who cannot first swear upon
their oaths that they are unbiased, and have
neither formed or expressed an opinion in the
case, and when the jury has been constituted
of men thus sworn, so jealous is the law OF
the effect of influences upon them, other than
the evidence lawfully introduced in the trial.
that the jury is placed in charge of a sworn
officer and not permitted to separate by day
or night during the continuance of the trial,
nor to communicate with other persons.
How will it be possible to obtain jury in
this county that will be sincerely and truly
unbiased if our newspapers persist in publish
ing such articles as that from the Press? That
article not only declares this case to be zone
of the most aggravated description, the muir
derer of Latin and the would-be murderer of
his wife appearing to have no occasion for
jealousy" but it assumes to condemn the ver-
diet in the Sickles case and all others that
have followed it in similar cases SINCE calls
the plea of insanity a legal fiction, and virtu-
ally demands the conviction of Ifoswell with
out regard to the evidence that may be ad-
duced upon the trial. ave trust that Maine
will become entitled to the credit of breaking
down this most dangerous and irrational
practice"
Without seeking to inquire who this modern
Colossus may be, who assumes such stock
Of legal lore and SO iiippantly overturns the
verdict of jurors, the opinions of Judges, and
learning of the medical profession, | wish to
ask if you think it is just and proper to lay an
argument and appeal for conviction before
men who are to constitute the jury to try
Hoswell?
Why, if copy of that article were to be
the pannel, it would vitate the whole trial and
subject the person who gave it to him to Sc
we're punishment. Is it not equally violative
of the spirit of the law, of the principle of
Justice upon which it is based, to pass it to
them beforehand? This article from the Press
is not the first one of partial and unjust char
acter that has been spread before this commu-
nifty in regard to this case. There may be
some apology for the appearance of such COM
ments as were made under excitement, soon
after the occurrence of the homicide; but now
as there has been time for reflection, and the
time for the trial of the accused is fast APP
preaching, there can be. it seems to me, no
reasonable excuse for such proceedings; but
if publishers of papers will persist in such a
course, l know of no way to prevent it.
1t seems to me, however, that if this case
must be tried through the columns of the pub.
lie press, the least that publishers can do is to
give hearing to both sides. 1t is bad
enough to force the trial of the accused be-
fore such tribunal, but it would be mons
trous to deny him hearing and condemn him
without an opportunity to make defence.
So far as know but one version of this sad
affair has yet been made public-and that the
version given by one alleged to be party
to an adulterous intercourse that led to this
bloody tragedy. From what i know of the
facts in this case, l am led to believe that
when the evidence is produced IN Court it
will appear that in taking the life OF Mr..
Latin, Hoswell did not act upon groundless
suspicious but upon positire knowtedge; and
in behalf of common justice l ask suspcn-
sion public judgment upon the case until all
the facts are presented in legal and proper
manner.
But the writer in the Press seems to think
it makes no difference whether the deceased
has been guilty of adultery with Hoswell's