The Portland daily press., 1870-12-07
NEW s
BY TELEGRAPH TO THE
PORTLAND DAILY PRESS.
MAINE.
Trial of e. HI. HOSwell at Augusta
for the Murder of j. q. Latin.

Especial Dispatch by the International Incl
THE ARGUMENT FOR THE GOVERNMENT AND
THE JUDGES CHARGE.
AUGUSTA, Dec. 6.-The Attorney General
finished his closing argument ia the Hoswell
case this forenoon at eleven o'clock, occupying
two hours time in all. The Attorney General
made strong exhaustive argument for the
conviction of the prisoner of wilful murder.
He argued the entire innocence of Mr.. Latin
the deceased. of any improper intercourse with
the prisoners wife, and contended that the kill
ing by Hoswell was the natural result of his own
wicked, depraved nature, which has often be-
fore shown itself in acts of violence towards
her. He did not believe Hoswells YER
sion of the proceeding sof the fatal night and
with great pertinacity adhered to the original
theory of the government in relation to the oc-
currences of that evening. He was listened to
with the closest attention by court, jury bar
and spectators.
Judge Walton then delivered his charge 10
the jury, mainly relating to questions of law
as usual He took occasion, however, to COM
ment with much severity upon the plea of in
sanity set up for the prisoner by bis counsel
and sharply criticised the modern idea of in
Simultaneous or TRANSITIONAL insanity laid down
by the medical profession, so conveniently laid
down by New York juries to excuse their con-
sciences in rendering verdicts ofacQuittal where
this plea has been set up in hOmicidal cases to
shield the influential and popular criminals
from punishment He characterized the YER
diets in the Sickles and Mcfarland cases as
beacons to warn juries to avoid repeating the m
90 fhaux ,,l
by stupid, or wicked juries He instructed the
jury that they must find one of four verdicts:
First, guilty of murder in the first degree;
second, guilty OF murder in the second degree:
third, guilty Granddaughter; fourth, not gull
ty by reason Of insanity. He intimated to them
that they conld not find either of the extremes
to be true, as it did not appear to be murder
with express malice aforethought, planned and
committed by the prisoner with a sedate mind
and he did not see any evidence Ct any in
sanity, any disease Of the mind in the prisoner
to excuse him for committing the act. That
they would probably find him guilty Of murder
in the second degree or guilty of granddaughter;
that they could not acqut him on his own
story, and there could be no justification for
citizen of the State to take the execution of the
law into his own hands even if wife or daugh-
ter has been ruined and the party slain be the
cause of it. If Hoswell was in towering pas
sion. with his resentment at its highest pitch
and was governed by an uncomfortable i'm
pulse even when he killed Latin, yet this is no
justification. No opinion was intimated sby
the presiding Judge whether the jury should
return verdict of guilty Of murder in the Sec
ond degree or manslaughter. His Honor
thought that between these two decisions was
fair field for debate and he instructed the ju.
ry if the evidence convinced them that tie
circumstances were such as to give Hoswell a
reason to believe and he did believe that Latin
uniting adultery with his wife, whether it was
true or not, and he killed him in sudden fit Of
passion without previous meditation they must
return verdict of mansaughter; only the law
was laid down with the judges usual force and
clearness. The charge occupied one hour
and half in its delivery. The jury were per-
mitted to take their dinner at the hotel and re-
tired to their room to agree upon their YER
dict at half past two. Up to this time g. 3O) no
verdict has been rendered.
ITO the Associated Press.l
vEREICT OF MANsLAUcnTER.
In the Roswell Latin murder trial the jury
after having been out about nine hours re-
turned verdict Of guilty of manslau ghter the
penalty being not more than ten years impris-
Onment or a fine of $1,000. The sentence will
probably be given tomorrow unless the prison.
er's counsel file exceptions.