The Portland daily press., 1870-12-02
Domestic N ews.
MAINE.
Trial of e, III. HOsWell at Augusta
for the Murder of j. H. Latin.
FOURTH DAYS PROCEEDINGS -THURspAY.



AUGUSTA, Dec. 1, 1870 The court room was
thrown open at ten minutes past 8, and in five
minutes, as on previous days, every available
inch of space outside the bar was occupied by
the large crowd waiting, the greater proper
ton of whom were ladies. The large number
of teams hitched in front of the court house
from ten and fifteen miles away, evince the
public interest felt in the case. The court and
jury came in at 9 IL, and the prisoner was
placed in seat outside the bar by the side of
his counsel. Mrs. Hoswell was present, and
Mrs. Latin occupied a seat within the bar.
Mr.. Libby, of the prisoners counsel, began
his opening address on the part of the defence
at twenty-five minutes to 10, speaking with
great calmuess and deliberatop. He began by
saying that this was the first time he had ever
appeared before jury in the defence of a per-
son charged with an offence which forfeitS his
life. He should not present any defence that
does not appear well founded in law and in
fact. Publications have been made in the
press of partzan character, tesding to preiu-
dice the prisoners case; Halowell officers
have been strongly prejudiced; witnesses have
been overawec, and attempts have been made
to overawe counsel. The church of which the
deceased was a member have sought to send
out prejudical influence against the respond
ent. A former pastor wrote to deceased's wife
that he knew that he (Laflin) was not guilty of
adultery, because he formerly knew him and
knew he was not capable of committing such
crime. This letter was published. He was
happy to say the feeling in the community
is much more favorable to the prisoner than a
few weeks ago.
The prisoner was charged with murder in
the first degree. The counsel defined murder
iu the first degree as killing with express
malice aforethought.'' We accept the issue
made by the counsel for the governm ent that
it is murder in the first degree, if murder at
all. We ask you to consider the case upon the
theory OF the government, and do not ask you
to consider whether the prisoner is guilty of
murder in the second degree or manslaughter.
We admit that the prisoner caused the death
of Latin by cutting his throat. The burden
then is upon us to show that it was iustifabe.
The defendant was born September, 1923;
his father was German and mother Spanish;
the latter died when he was years old, and
his father in 1856. He married his first wife in
Pawtucket, r. l., in 1S49 or go and she died,
leaving no children. He moved to Lawrence;
for several years was on the regular and special
police force; made the acquaintance OF his wife
there and married her ia the fall of 1861 her
name was Smith, the divorced wife of John E.
Smith; she is "a years old. He moved to Pied
mont, N. Y, in 1862, and lived there one year,
and at Hudson city five years, New York city
six months. H+rmOn, Me-, seven mouths, Lew
iston, Saco and Amesbury, Mass, a few months
each. He moved to this city in the fall of 1869.
He is painter by trade, and has been employ
ed at it for years. We shall show that he has
borne good character, that he is gentle and
peaceabIe, but of an inordnate and extremity
Jealous disposition.
What is the justification? We intend to
Salty you that John B Latin was guilty OF
the crime of adultery with the prisoners wife
We shall show that Latin had been warned
not to continue his adulterous intercourse with
Mrs. Hoswell that on che night of the homi.
10 ftn ftny &c. AL
terry or just getting ready to commit the act;
that be went TO Hallowell on the night of Sep
TENDER 10Th, and while his wife was fastening
the windows he crept into the house with his
boots and coat off and secreted himself under
the bed; soon Latin come; got on the bed with
his wife and kissed her; don't know as thev
adultery, but had made all the
preparations. The justicationis greater if he
rushed upon them before the commission than
if he had waited. think be did not wait for
the consummation of the act. Human nature,
his manhood, required that he should rush
upon this destroyer of his domestic happiness
and strike him down, which he did.
The counsel here referred to the only SINH
lar case in this State-that Of Mrs. Baker, of
Portland; and proceeded to speak of the sane
tity of marriage, and read the doom pronounce
ed upon sdulterers as recorded in Levticus,
Proverbs, Job, I. Corinthians and in Hebrews
Common law in England formerly made the
killing of an adulterer manslaughter; then
adultery was not regarded as a crime, but
stealing was; yet such was the feeling CEN
turtles ago that there could be no ''greater
provocation" tn an finding husband or wife
in this act. 1t is a well recogn zed rule of law
that man is justified in shooting the burglar
who comes to steal his watch. Is he not theu
justified in shooting down the seducer who de-
liberately plans the entrance of his house to
ruin his wife? The counsel for the State says
he must throw before the villain a cony of the
Revised Statutes and tell him there Is the law
q nd he must quietly desist from bis purposes.
The husband cannot testify in a case of adul-
terry which his wife is a party to; he must,
then, go and call in witness to see the adul-
ferrous act and himself walk quietly away So
the attorney for the Government says. No
man would do it. The Sckles-Key case was
referred to. Sickles didn't take them in adul-
terry, but had time for reflection, yet he shot
Key and was acquitted, and is considered of
good moral standing enough to represent this
country at prominent foreign court. Stan
ton, Secretary of War, defended him and
prayed the Lord to direct the bullet to kill the
adulteref. The Cole Hiscock and Mcfarland
cases were also introduced in support of the
theory.
He would show that Hoswell had labored
under e extreme jealousy for three or four years,
and had burned his wiie's clothing once. The
conductor of the car on which he vas accus-
toned to go to and from his work had noticed
a strangeness in his demeanor.
Mr. Libbey's argument was about two-hours
in length.
During Libby's address Hoswell sat with his
handkerchief to his eyes and frequently shed
tears. Libby made very able opening and
since he made the announcement that Hoswell
was under the bed the feeling in the room
seemed to be turning strongly in favor of the
prisoner.
Twelve witnesses were examined for the de.
fence; principally upon the point of Lafin's
frequent visits day and night while II swell
was away. One witness saw her give Latin
some gum by placing their mouths together,
and afterwards scuffle playfully. Another saw
her beckon to him with her hand and he went
with her to her bedroom. Another saw her
get out of bed in her night-clothes after Latin
had come out OF her bedroom. Another tesi-
fed that her bed was tumbled on the night of
the murder before the crowd came in; that they
were on the doorstep cOpversing in low tone
about an hour previous to the tragedy.
Hoswel will be the last witness called by
the defence.