Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-12-03
F[ yRTEz s,Ag-rRID.aX.

The jury were in their seats; the prisoner
was placed at the bar.
The courtroom was filed with spectators,
as usual.
The widow of the deceased was seated with
in the bar. attended by sympathizins friends
The wife of the prisoner was in her usual
seat, accompanied by her son.
The jury during the morning had taken an
celebrating walk around several of the
squares of the city, attended closely by
officers. Their confinement Of the three pre-
vions days doubtless made the walk doubiy
enjoyable and refreshing.
The c0untenance Of the prisoner wore firm
vet anxious expression. lie watched the pro-
ceedings closely and very seldom allowed his
eyes to pass over the court room.
The defence continued.
Joseph II. Reyes having been sworn, tcsti-
fiel.-Reside in Lawrence, Mass. am a con-
stable and policeman; have resided there Il
years last month; know the prisoner, first
knew him in 1855 in Lawrence; knew hin
two or three years. he was painter when
first knew him, and q member of the regular
police and afterwards speci1l policeman;
his character was good; never heard that he
was anything bat i petceabie, gentlemanly
man; his habits were good never knew OF
his ever exhibiting violence towagti,any one !;
last knew him when he was ON the police III
1860: how long after that | do not know.
Cross Ex.-During the year tie was a regu-
lar policeman | saw him Utteu; knew noting
of his charactor except what fell under my
observation.
John w. Porter. was sworn and testified !:
Reside in Lawrence. my business is that OF
ket ping livery stable know HoSwell, first
knew him in 1851; knew him three or four
years,--not very intimately be s'as a eaf
panter; afterwards ne was on the police; /
was then Cry Marshal; knew his character to
be good: never heard lisp that his character
was violent; do not know exactly when he
left Lawrence
Cross Ex.--Was City Marshal one year,
when he was on regular police; no violence
of his ever came 10 my knowledge; he did lis
business regularly, like the others.
Stephen ID. Richardson, having been sworn
testified. --Resde in Fayette. am clergymen
of the Baptist denomination; resided in Law
renee from 1855 till 1858; knew Mr.. Hoswell;
when first knew lin he was a car pqinter;
saw him occasionally when he was on the
nolice; never knew that his character was
violent; left Lawrence in 1853.
Cross Ell mean by lis character what l
saw; never heard his character discussed.
Direct Resunle,l.-fiis character among his
acquaintance was good.
Cyrus Barker. having been sworn, testified
Reside in Lewiston; ain agent Of Bates Mills
know HoswelI; first knew him in 1861 or G5
in Lawrence; his bus iaess then was that of IL
painter; knew him in Lewiston in the fall OF
lsCs; he was there in my empioy-for about
a month; was not personally acquainted With
hinl-knew him us a workingman: saw him
every day; his department WAS good; never
heard ANYTHING about his character in either
place; it WAS good so far as | know.
No cross Examination.
Eben j. Atwood. having been sworn, testi-
fied--Reside in Lewiston haze had charge
Of painting OF Bates Corporation for six
years; know Hoswell, first knew him in De-
cember 1863; he then came TO work for the
CORPORATION; he Orked for me two months ::
his department while knew him was good );
he appeared to me very much Of gentleman /;
never heard of any violence by him was reg
ular in his habits so far as | know.
No cross examination.
Augustus b Getchell, having been sworn,
testified RESIDE in Hermon; know Mr.
Hoswell first knew him in spring of 1868 in
Hermon then lived there; he moved there
then, he went to farm; our houses were about
lG rods apsrt--on opposite sides of the street;
knew his character. s&s .
uuestion.-W What was his character there as
to jealousy of his wife.
The Court.--It seems to me that question is
without precedent .t,.r
Mr.. Libbt y.-IIave not looked at precedent;
we maintain and | think we shall show that
jealousy, when Unfortunately developed, and SO
as to put reason beyond control by tho will, is
insanity itself; that it is always IN active
cause in producing monomania of a certain
character and we claim to show the conduct
of the prisoner in that respect while in Her
mon.
The Court Where an issue of sanity or
insanity lis raised, no doubt you are entitled
to prove his acts and his talk, because how a
man talks and how lac acts are the only evil
dcnce by which we can Judge OF his mental
state or condition the are the manifestations
Mr. Reed.--We do not object to the facts
they want prove here,
Mr. Libbey.-I Will ask the question in a
different form Did you know OF him and
his wife having trouble themG -
Answer,-les, sir.
Mr. I.ihbey.-Whether he was Jealous OF
her? t.FE
Mr.. Reed.-[To Witness. J Stop moment.
! The Court.-lf ynu want TO show that he
was insane You must prove that hy talked ir-
rational.
Mr.. Lbbey-I propose to do it hy bis con-
duet.
Mr. Reed--By the opinion Of this witness.
| The Cout--Nnt admissible.
! Mr. Libbey-Did you know at any time
when his wife woHld start to 90 tothe corner,
OF Hoswell going to cat her off before she
got bere:
The Court-For what purpose do you otfar
that fact
| Mr. Libbey--l offer that as one of the facts
TO show jealousy of his wife at that time.
The Court--Not admissible for Sueha pu.-
pose, in my Judgment.
Mr.. Libbey-I offer it upon the question OF
! insanity. ~
| The Court--Adnissib on that issue it is
not admissible to prove a fact of Jealousy.
Mr.. Libbey--I do not understand how We
can prove development of the fact of jealousy
if we can NOT prove ii by the declaration
of the man or OF bis acts; il
there is any other mode of proving il l
should be very happy TO have it pointed out.
The Court. Before you can put in his dec
larations or his acts, you must satisfy me
that they are pertinent 10 the issue otherwise
they would be excluded on the ground OF i'm
materially. How much W, int would be at
taehed to them after they are put in is for the
jury to say.
! Mr. Libbev TO witness. Did Won have auy