Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-11-30


often prescribed; that it is extremely prob
able that he was overcome by the shock
of a blow SO powerful as to penetrate the
breast bone,' and either fell or staggered
about in state of Inconsistencies; if he
fell he recovered and took up his carpet. At
all events he had just reached his own door,
had just got into the doorway CARRYING his
carpet, when the prisoner sprang upon him
a second time and gave him that ghastlywound
in the neck, severing the principal arteries
and veins, which caused his death in about
five minutes from the time it was inflicted
The carpet was found lying almost in the
doorway with the burlap covering rolled back
so as to show the figure of the carpet, both
covering and carpet stained with blood
That the fatal blow given in Mr..
Lafiins own back door is conclusively
shown 10y three facts. First: The prisoner
was first seen in there struggling with Mr..
Lailin, with the bloody knife appraised in his
right hand Second: Upon that back door of
Mr.. Latin, and upon an oyercoat which was
hung upon the hook next to it, was a copious
ttfusion of blood. such as might be made by
person throwing gill OF blood or more out of
ii small glass, or eiecting it from force pump,
such as was seen at no other place about there.
Third: Along that path from Mrs. Hoswelrs
door to Mr.. Lafn's back door, distance of
~ feet, were but d few drops of blood, such
as might have dropped and undoubtedly did
lrop from this prisoners blood stained gar
ments and hands, as well as blood upon
the barn.
Immediately after he had been arrested and
hand-cuffcd he said, referring to the already
lifeless form of his victim-"Damn him,
have been watching him for some time, and
now I've fixed him. I've got the son-of-a
- where want him" When told to look
upon his helish work he sad-"W hat would
you do if you caught man in bed with
your wife?" This language attracted the
special attention of all those who heard it to
the condition of the bed. Nine or ten of as
reliable witnesses as can be found in Halo
well will come upon the stand and tell you
that that bed was as smooth, rs round, as un-
ruffed as you saw it this morning, save that
the front corner of the sheet had been rolled
back a little, as | have stated. 1t will appear
from the positive testimony of at least three
witnesses that Mr.. Lafiin's clothes when first
seen after the assault upon him. were all in
proper order.
Thus, gentlemen, with all these facts in our
possession, with no others within our knowl-
to contradict or to vary them, we have been
unwillingly constrained to believe that here
in the County of kennebec, in the midst of
the most enlightened, peacable, and law
abiding cities of New England, most worthy
and respectable citizen has been stricken
down and murdered, in manner the cruel
ty and atrocity of which have but few parraf
lels in our criminal calendar.
Such is the liberal and humane character
of our rules of evidence, that person charg
ed with crime is deemed competent witness
and allowed to come upon the stand and testi-
fy in his own behalf if he desire, the credi-
bllity to be given TO his testimony, to be left
entirely with the jury. But it is a principle
in human conduct which has been recognized
for centuries, that person charged with
crime, will not hesitate to save himself from
the consequences of it, by adding to it anoth-
err and lesser offense. Indeed, | have read
somewhere that this principle was specially
recognized in the old Hindco law, by pro-
vision, which made perjury absolutely excus-
able, when committed by any person to save
himself or his near relations from certain Sc
we're penalties of the law, while if committed
in order to charge person with crime, twas
punishable with death. Human nature is the
same to-day as when that law was recognized.
\ guilty man charged with crime, having
an opportunity to explain the charge against
him, knows if he does not do so, his silence
will be held almost equivalent to confession;
he is compelled to come upon the stand and
testify in his own behalf and the experience
in all our courts will show, especially if
the crime be an aggravated one, that he will as
readily go upon the witness stand and swear
not guilty as he will go into the prisoners box
and plead not guilty. With how much more
force does the rule apply when the prisoners
liberty or his life may be involved in the re-
suit.
This prisoner will have an opportunity, and
will undoubtedly avail himself of his legal
right. to go upon the stand and testify in his
own behalf. From the exclamation which he
made on the night of the murder, "What
would you do if you caught man in bed
with your wife, we may infer that his testi-
mony will involve the idea of criminal inter
course between the deceased and prisoners
wife. / have stated to you the facts by which
such a theory will be met and crushed
at every point facts showing in the
first instance, not only that there was no
criminal intercourse between Mr.. Latin and
this prisoners wife, but that Mr.. Latin went
there without a criminal thought or purpose;
and in the second instance, that this prisoner
was not in SITUATION to know anything that
transpired there, except the simple fact that
Mr.. Latin went in that door and came out
again.
Gentlemen. have already dwelt too long
upon those details of this crime tending to show
the innocence of Mr.. Latin. have not done
it, because il is a point which is to determine
the result OF thlS prosecution. nave not uohc
it, because / believe it to be vital point in this
case. | have done it rather out ofjustice to what
we believe to be the truth-out OF justice to that
man who has been sent to his grave untried and
unheard, and whose tongue is forever silent
out of Justice to that widowed and almost heart
broken woman, for whose terrible bereave-
ment the government. with all its power, can
never make reparation. say that the guilt or
innocence of John B. Latin is not the decis-
i've question in this case; for If adnl-
terry were proved on his part, under the law of
this country, it could not avail even to reduce
this crime from murder to manslaughter, in
view of the evidence of express malice which
| have stated to you, the evidence OF lying in
wait. armed with deadly weapons, assaulting
violently upon vital part and the distinct
expression of malice made at the time of the
tragedy.
We may expect to find his counsel con-
structing upon his testimony as foundation
a theory of defense as plausible and as con-
sistent with all the leading facts in the case
as it is possible for human ingenuity or the
best skill of the legal profession to make.
They owe duty to their client far different
from, tho Iuty of tho counsel for the GOVERN