The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-12-03
DAILY PRESS,
Saturday Morning, December 8 l87Os
The HOswelI Trinl
pcRI.'LAANI


AT the trial of Hoswell at Augusta, for th
murder Of Latin, on Thursday, Mr.. Libbey
in opening the case for the defense, justified
the murder, and quoted the cases of Sickles
Cole, Mrs Harris and Mcfarland all of whom
were acquitted, and then alluded TO divorce
case that came before the Supreme Judicia
Court OF the State, as follows:
About two years ago in divorce case thai
attracted considerable attention at the time
when one OF the Oldest and ablest of the
Judges OF This CouIt was presiding here, anC
husband came in here with charge o.
adultery against his wife, and testified thai
ne found her locked up in room in Boston
with gentleman there, and he waited al
the door some three or four hours, till the
gentleman should come out, so that he might
see who he was, and testified to all the par
ticulars. But when the learned Judge came
10 decide the case, he could not refrain from
remarking upon the evidence. He said the
charge Of adultery in his opinion was not
proved, though the husband. had testified to
it positively, and to all the circumstances
still he had said that he remained there at the
door three or four hours while his wife was
locked up with that man in that room, and
said he-I cannot conceive it in human ma
ture for any man, who has manhood lett,
should wait at the door when he knows his
wife is within with another man. Manhood
human nature would require him TO break
down the door and strike down the william
and I cannot believe the testimony of mar
who presents himself In such position, and
you would not believe it. 1t is not human
nature till manhood is gone, till that unerrine
instinct which God has implanted in the
breast of all lis entirely obiterated. You can.
not believe that husband would do any
such thing. That instinct, that impulse is
as sure and unerring as that of mother who
sees wild beast rushing for her child; she
will rush to the rescue without stopping to
reason; it is matter of instinct. And so it
is with man in the defense of this great
right.
As to the evidence to be offered by the
prisoner, Mr.. Libbey said:
Now, gentlemen, shall cali your attention
briefly to the evidence which we shall adduce
bearing upon this subject. We shall show
you that the defendant was naturally very
jealous, Jealousy inordinately developed; that
for some years be had been jealous of his
wife. As long ago as wheu he lived in Her
mon, he was so jealous that sometimes when
his wife would start to go mile or more, af-
ter she was gone he had imbibed the idea that
she was going to meet man somewhere,
and would go after her and bring her back
and at times that Jealousy has exhibited itself
to most inordinate degree, so that his do
mestic affairs have been very unpleasant.
For some two or three years past, he would
suppose that he had cause for jealousy, then
there would be violent outbreak, great
deal of trouble with his wife. He would ac-
cuse her; she would deny and explain, and
succeed to great extent, and sometimes full
ly, in satisfying him of her own innocence,
then they would go ON smoothly again for
some time, until he would imagine that she
was guilty of some misconduct, then " you'd
break out those paroxysms ofjealousy.
At one time, as was said by the counsel in
opening, he was in such frenzy arising from
jealousy, that he tore up all his wife's cloth
ing which he had bought himself, and which
he was bound to replace, and burnt it up. He
was entirely uncomfortable from his Jealousy.
There had been partial separation. We
shall show you that in every other respect he
was quiet and orderly. Where he boarded
after the partial separation, he was as orderly
as any other man. His only trouble and the
only subject which he seemed to brood over,
was his domestic affairs. He sat up after the
other boarders were asleep; then he would
talk with the people where he boarded of his
troubles, and weep. He would get up and
walk his room in the night; he could not
sleep.
We shall show that he imagined first that
his wife first was in one place, in an veniDg,
and would get parties to go with him to that
place. Whether he had any reason to sup
pose that she was there, we do not know !;
then to another place, in another evening, but
would fail to find any evidence of his suspic-
ion. On one occasion, he watched at the
L a Qdy n
large portion OF the day, imagining that she
was going to pass there with man, and he
would remain tnefe 10 see.' lie employed the
keeper OF the pridse 10 watch, ana ne carried
her photograph 10 tne livery staple keepers.
and expressed deslfe tnat tney should
Watch. ~ .. r, q.
mat MS appearance when travelling upon
the cars, was extraordinary so much so, as to
attract the attention OF the conductors; that
he would stand as II IN trance, as II he was
wholly engrossed by some subject other than
anything that was rarspiring, -Fhe, conduc-
TOR would nave 10 speak 10 MIN several times
before ne could get ms attention. we shall
show you iully all the facts IN regard to his
condition before the night OF the 18th.
NOW, gentlemen,tne government IS present.
ing tnis case upon tne tneory' yand l shall
simply CAL your attention to It, don't mean
IIe counsel VINO sums up, 10 40 tnatJ that
Mnen WI, ne "enI ~ nauoweh, ne went there de-
lperasey, ar.neu witn ms leVolVeri tnat ne
lnten1eu an tl1',t ns uio that IL was deIper-
ateiy uone; anu 9y ots'gn.
we shah eneeaVor 10 SNOW you that was
hot tne case, iIoni MS own evidence, from
otner tnlngs Whlcn we snah prove, ana from
eee evioence alreaay N the case on the part
VI sne soveihnen'' LII. !. ., ou oannoI na1e laneu
70 peiGelse t1a1 y .ne soseInnent s tneory Is
1ius, 'ne eonuu.' VI .nis eeienuane upon tnat
nhio ar Mas aS t%aov "a i tI,at h moSt ienalh nai
1n,,or ,,ata,,o5 ,ts;da Srst ,'rnS mns W 70 I;.
"t d,ai, ooot f,o,';,,m "S' h. tueu IN on ni1
sEa, 01lod eo"s' n@' i,s ,t y" " seso Snu
si,a, pnn.I in tIo,e "I 'nu ~ oUJ.s' s;S' d1'n
Snem op' piao .ho .nm " 'Io sluo VI 'ne
S% & VIII Az h;aSe tmy MIau rb be s.Iu ~ De
h;u, otd;n aG @ at ,ha nnrme f tha omry l,ase
,,,,or,t,, ~, 4isrt. foot J;stont ,,toro o,,iJ
tm1n,y y. 10y ,oeS u1P.%' WIZ WIZ -, nc mouid
~ ~ hoo,s Jnnr ~ l.; FIJI W., m u ~, ;,,
ous a. tho OH"A .hot ,a,, ~ , III; Nv a. yUu VIII
see " tlie pan 'ua. you wMi nave peiole YOU,
~ Iu" INV y. Laii1n, passinS ~. =, nls oach
shrt ;t1' Ini I;nht noat ,' hs .4 n,9
hant seefGs G Will Sn t. ss't % on n Ia ,,na Hu
=, 49, - ,,an as w 49, - ,,.;.1s IL stnoi'
;na fae+ tSe enronnd mu y, V"n thot W. +;noa ai
know how drv If was. So tbe witnesses
could not tell you the appearance of the
ground; how it was trampled by the feet of
some one, they would have you understand,
to commit homicide and then, after having
accomplished his purpose standing there with
his victim, with his hand on his shoulder, nev-
er attempting to flee, not moving foot, MAX
ing no more resistance than child. And
this the counsel tells you is the act
of man in full possession of his
reason and who will herewith express malice
aforethought committed the murder. And the
reason he tells you he did not use the revol-
vel, the murderOuS weapon which he had pre-