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

ana prOOdDle consequences OF IL.
The word atorethought, too, by its ETY.
mology, indicates reconciliation, delib-
crate purpose, preconceived design, but in
this technical phrase of the law, if it adds
any force to the expression at all, it simply
helps to express the obvious idea, that the
intent in pursuance of which the wrongful act
was done, must precede the act itself, that
the crime must be thought of before it is com
mitted. 1t is manifest that an intent may be
Just as wicked just as malignant, just as ma
licious, where it has existed but single mo-
mcut, IN certain cases, as where it has exist
ed for weeks or months; such is the rapldity
with which the mind forms purpose and the
hand executes it, that in law single moment
is sufficient for the operation of the malignant
purpose Hence this expression, express
malice aforethonght. which has come down to
US from an English Statute of the 10th
century, does not necessarily imply delibera-
ton in the popular sense; but simply in
dicates purpose and design in distinction from
accident and mischance.
There are some provocations which the law
ont of indulgence to the fralty of human ma
ture has always recognized sufficient to
mitigate even so great a crime as the killing
of human being, and reduce it from murder
to manslaughter; but it is an Indulgence
shown to that first transport of passion. that
pHrONNsn D1 rage. NillCI. III INV, Is supposed
to dethrone reason, render a man deaf to the
voice of reason, in the language OF the books !;
but however great the provocation may be, in
given case, though it be the greatest, the
strongest known to the law yet if the act of
killing be attended with circumstances and
acts indicating malice, such as | have stated,
the act will still be murder, for malice eN-
cludes passion If a person, out of an old
grudge, seeks quarrel for the purpose Of
availing himself of the passion excited by that
quarrel, he cannot thus reduce his crime from
murder to manslaughter Among the provo
cations which the law has always recognized
as sufficient to reduce the crime from murder
to manslaughtcr,. is where husband finds one
unexpectedly in the very act of adultery with
his wife but if he lie in wait, expecting such
provocation, having deliberately made up his
mind to kill particular person or any person
who may give such provocation, and thereupon
does kill the guilty party, lie will still be gull
ty of murder, because Of the malice and de-
liberation. With how much more reason
should that be held murder in the first degree,
where one lies in wait armed with deadly
weapons and out of brutal malignitv and
not human infirmity, takes the life of an in
nocent man. For this we are reluctantly
compelled to say. we expect to satisfy you in
the case OF the State VS.. Edward Ii. Hoswell.
In stating the facts in this case, | shall not
be governed by the rule which guides an
adroit attorney in conducting a civil cause
We are not here to represent the government,
struggling by every art known to the legal
profession to convict Il person whether guilty
or innocent. We are not here to measure
lances with the counsel for the defendant
We are here simply to present the facts to you
as they exist, as known 20 us; naught extern
uate, nor set down aught in malice that SIM
pie justice may be done, as well to the pris-
oner as to the government. We shall not,
therefore, withhold from you any material
facts relating to this prosecution. Sometime
since, the prisoners counsel were furnished
with afull list of the witnesses who will appear
here. | now propose to give them the advan-
tage of knowing all the facts that we knew
relating to this charge, whether they are to be
introduced by us under the head of opening
or rebutting testimony.
John b. Latin, the deceased, had resided
in Hallowell more than 20 years, and at his
death was "A years of age. lie was person
offeebe constitution, and had made his regular
business that of barber during the greater
portion of the time that he had resided there
but being person of great industry and some
mechanical skill, he had employed many spare
hours in repairing furniture and making pic
ture frames. His place of business was upon
Water street, which you have carefully eX-
amined this morning, the front part being
barber-shop and the back part being fitted up
as a little work-room. His residence was at
the corner of Academy and "a streets one
quarter of mile in a south-westerly direction
from his shop. His calling, as the world goes,
was not high, but he enjoyed a respectable So
cial position. He was esteemed for his tidel-
iry in all the relations of life. His family
consisted of wife and three little boys, of
the ages Of IA, IL and respectively. He had
been gradually acquiring little property and
was constantly adding something to the COM
forts of his home. He was person Of almost
chidlike simplicity, and took peculiar pride
in calling the attention of his friends to all the
new purchases he made. He was person of
remarkably regular habits, being at home
few minutes past o'clock every evening ex
cept Saturday, when he was always in his
shop till | o'clock, or thereabout. During
the summer season and early fall he kept no
fire in his shop; he was in the habit of bring
ing warm water from his house in pail as
he necessarily used it in his business. He ac-
quired the habit of going through the back
yard, which you examined this morning, to
his back door. From that little work-room,
where he was in habit OF hanging his coat on
the hooks, it was 40 feet nearer to Perley's
Lane than 10 come out OF the 'front.' door ana
around the saloon which you examined. And
yet, during all the period when he had no fire
in his shop it often became necessary for him
to use one in his business of repairing furni-
ture or making picture frames. He had been
IN the habit of running across the street to
his friends who kept fires that he could use
tor that purpose.
The prisoner and his wife took up their resi-
dence in Hallowell in April last; they had
previously boarded in this city, where the
prisoner himself was at work, and still con-
tinued to work for the Z. & X. r. II. Co.,
after they moved to Hallowel they rented
the two rooms in the building adjoining Mr..
Lafin's barber shop, the two rooms marked up
on this plan-bed- room and Mrs. Hoswells sit
ting room, including a little bedroom where
Mrs. lIoswell's son, Charles Smith, child by
former husband, had slept when there !;
they took their meals at a boarding place in
another part of the city of Hallowell. Mrs.
Hoswell advertised as a cloak and dress
maker and employed her time in that bust
ness. Thus they remained til last July.
The prisoners relations with his wife were
characterised by an extreme jealousy that
displayed itself and had displayed itself at
various times during the nine years of their