Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-12-03
Mr.. T.ibhcy. / offer it for both purposes.

Il
ton of his mental status at the time, II you
say you offer it for that purpose.
! Mr.. Libbey. | offer it Tor both purposes.
| do not know any other way to show the de.
| vclopment of the passion of jealousy than by
| the conduct or conversation of the parties.
The Court. If you offer it as understand
| you to say you do, to show that he was insane
at that time, that his talk was such TO indicate
| an unsound mind | admit it.
| Mr.. Libbey--I do not offer it for the purpose
OF showing that he was insane, but as l have
! had occasion to say before, | know Of no wa!
| of testing the condition Of a mans mind for
any given point OF time, than by showing his
condition before--his character, his deport-
ment, his conduct, his conversation before
the time when he was alleged to be insane,
and then show it as it was at that time, anc
| compare one with the other and then be able
to determine whether the mind is in its
natural condition, If it is healthy or un-
healthy.
The Court- Il suppose there is no doubt in
the mind Of any one that has made the mat
ter a subj ct OF investigation, that insanity /
often the result Of mental disturbance, eXcit-
ed by grief sometimes, that jealousy would
be a disturbing element that might result IL
insanity; any other mental anguish might re-
suit in insanity; but the question to be deter
mined is whether it has had that effect.
does not follow in every case. that because
a man is jealous, that he is insane. any more
than it follows that because he had an INSANE
ancestor. If you find him afterwards insane,
and you are enquiring the cause or an expla-
nation, 1t may then be said probably it was
jealousy. mental suffering, or from the loss OF
property; suffering from the loss, perhaps, OF
dear relation; but the mere fact Itself, that
man is jealous, is 10 evidence standing
alone, that lie is insane.
MIR. Libbey.-I understand in proving in.
sanity that we may prove every fact which
goes to show the condition OF the mind OF the
party before the alleged period of insanity.
and then we may show every fact as an indie
pendent fact that goes to show his conduct.
know of no other way of proving insanity.
| understand it to be well established by the
authorities that where mOnomania Is alleged 1t
is legitimate to prove il, to show that the party
has been bro0ding over the one idea, and beea
+ absorbed by the one idea for longer or shorter
period Of time, and understand ii TO be es-
tablished that when insanity Of that kind Is
alleged-attempted to be proyed-it is compe-
tent to prove when that state of things COM
menctd-when the party imbibed the idea, -
when he commenced br0odng over II, and the
progress of it step by step. If We cannot
commence, if we cannot show one day that
man was brooding over the subject OF Jealousy
and that it had begun to absorb his whole
thoughts and mind, I'VE cannot at another point
of time: and we should not be able TO show
that he was jealous or the extent OF his
jealousy; because ii We show at one
period that he was very much absorbed, so
that he was apparently controlled by it, still
that does not test his sanity or insanity,
unless you compare it with the condition
of his mind before. Ii appears TO me
that your Honor assumes that we must first
establish the fact of insanity, and then we
NAV show tue other facts. My idea is that
we can only show insanity by showing the
facts. Showing when the malady commenced,
and trace il along in its progress step by step
The Court. / am entirely satisfied that
ven cannot prove AN independent tact by the
declaration OF your client; if you want to
show his mental status or condition yoIHare
allowed to do ii by showing how lie talked
You may Just as well show how he talked on
one subject as on another; but that a man
cannot make evidence for himself by his own
declaration, do not entertain a doubt. If
YOU offer it for the purpose Of proving insan-
ity, it is admissible. 49, ~
Mr. Libbey. offer it for both purposes.
The Court. If you offer it for both pnr-
poses it is impossible for Inc to exclude.
The Court then stated that if admitted it
would be his duty to embody restrictions in
the charge to the jury.
Question to witness by Mr. Libbey. Did
you have any conversation with him upon the
subject of Jealousy.
Answer. / never had any.
Witness Prisoner was very gentleman'y
never knew him to be quarrelsome; | used to
deal with him.
Cross Ex. Knew him in Iermon about
months. Shown document.l That is my
signature. That is the signature of my wife.
Reed L do not desire to offer the
contents of the paper as evidence at present
Nathaniel ID. Eaton, having been sworn
testified Reside in Hermon; knew Hos
well ut lIermon in Spring and Summer OF
1868; knew his character while he was there
knew nothing of his violence against others
knew Of nothing of the kind aside from diff
Guilty with his wife he traded with mel am
a trader; | had an open account with him.
Cross Examination.-H paved his bills
promptly heard of his having difficulty with
his wife: heard of his tearing up his wife's
clothes.
Nathaniel Morrill,, having been sworn, tes-
tifed.-Knew Mr.. Hoswell in ilermon; | live
in IIermon Lived q aout 40 rods from Hos
well; | was pretty wen acquainted with him.
Never heard of any violence by HIM that was
not connected with his wife.
Cross Ex.-Remember when he tore her
clothes: 1 was mere dlteI tiie quarry raw
trunk or chest that looked rs if it had been
chopped into with an axe Mrs. Roswell was
there; Hoswell was there; some OF my neigh
bors were in the road near the house, saw
clothes that had been torn considerably
womans clothes; Mrs. Hoswell, out doors,
held up quite number of dresses ami things
to show me how they had been torn. Witness
Was shown a paper and recognized his sig
nature attached to it.
Direct Resumed. -Hoswell lived about :
miles from Hermon Corner; to go across
would be not more than n mile and half.
James Colby, having been sworn testified
Reside in Skowhegan; am carriage maker !;
am acquainted with Hoswell; first knew him
in 1869, in Saco; then lived in Saco; he
was residing there at that time; we were en-
ployed by the same person; worked tor the
same person and boarded at the same house ;
did not work in the same room; his character
was good: never knew Of his doing any
violence. .rss ftt..G Gs.r
Cross Ex.-IIad heard of his having troubie
with his wife reports of acts Of violence
were of acts committed elsewhere than in
Saco; he was in Saco from February to Au-
lu.Ns