Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1870-12-09
The Hos,CeH Murder Trial.

prisoner himself. 10 The effect That ne was
under the bed when Latin came in, au
witnessed improper conduct, which en-
ragged him when he sprang out and made
the fatal attack Ills story created
sensation, and operated in his favor mp.
parenly.
The Government put in some rebutting
testimony TO prove that the intimacy be-
tween Latin and Mrs. IIoswoll was only
social and friendly. The testimony OF
the Augusta Phi sicans TO prove lloswcll's
insanity was ruled out, on the ground
that they were not experts, aud there was
no testimony put in to prove that point.
On Monday, Mr.. Pillsbury made the
closing argument for the defense, occupy
ing five and halt hours time. lie con
tended that Hoswcl was justified in kill
inc Latin AS the dciilcr of his marriage
bed, and was governed in that acl by an
uncomfortable impulse implanted in him
by God, TO take the life Of the wanton
DESTROYER of female virtue and domestic
happiness. His argument was somewhat
similar to that of Graham in the Nc
Farland trial. He spoke with his usual
force and carnesineSs and in his we'll
known happy and pleasing style, and IT
is regarded rs the ablest oi his arguments
in criminal cases. Attorney Gen. Reed then
began the closing argument for the gov
eminent and spoke halt an hour before
the adjournment. He announced that he
did not ask for compromise between
verdict of acquittal and one of conviction,
but should contend Tor n square verdict
OF guilty of murder in the first degree.
The Attorney General made q strong
exhaustive argument for the conviction
of The prisoner OF wilful murder lie
argued the entire innocence OF MI. Lailin
the deceased, OF any improper intercourse
with the prisoners wife. and contcndcd
that the killing by IIoswcll WIS the
natural result vi his own wicked, de-
PRAYED nature. which has often before
shown its,lf in acts of violence towards
her. lie did not believe lioswe,rs YER
zion Of the proceedings OF the fatal night,
and with great pelinacity adhered io the
original iheroy OF The government in re-
latiun To tic occurrences OF that evening.
He was listened to with the closest aiten.
ton by court, Jury, bar and spectators.
Judge Walton hen delivered his charge
to the jury. mainly relating to the ques,
ton of law-as usual. He took occasion,
however, 10 comment with much severity
upon the plea Of insanity set up for the
prisoner by his counsel and sharply crit
cised The modern idea of instantaneous or
TRANSITIONAL insanity laid down by the
medical profession, so conveniently laid
down by New York juries to excuse their
coascicnccs in rendering yerdicts OF ac-
quitial where this plea has been set up in
homicidal cases to shield the influential
and popular criminals from punishment.
He characterized the verdicts in the
Sickle les and Mcfarland cases as beacons
to warn juries to avoid repeating them,
as they were wrong, and were rendered
only by stupid, or wicked juries. He in-
structed the jury that they must find one
OF four yerdicts: First, guilty of murder
in the first degree second, guilty OF
murder in the second degree third, guilty
of slaughter; fourth, not guilty by
reason of insanity. He intimated to them
that they could not find either of the ex.
lremes To be true, rs it did not appear to
be murder with express malice .aiore-
thought, planned and committed by the
prisoner with Sc date mind, and he did
not see any evidence OF any insanity, any
disease of the mind in the prisoner TO eH-
cuse him for committing the act. That
they would probably find him guilty OF
murder in the second degree or guilty OF
mansaughlcr; that they could not acquit
him OH his own story, and there could be
no justification Tor "A citizen OF the State TO
take the execution OF the law into his own
hands even if vile or daughter has been
ruined and The party slain be the cause
OF il,
Ii Hoswcll was in towering pas
sion, with his resentment at its highest
pitch and was governed by an uncontrol'
able impulse even when he killed Lallin,
vet this is no Justification. No opinion
was minated by the presiding Judge
whether the Jury should return verdict OF
guilty of murder in the second degree or
manslaughter. His Honor thought that
between these two decisions was fair
field for debate and he instructed the jul
~ if the evidence convinced them that
the circumstances were such rs to give
Uoswell q reason to believe and he dip
believe that Latin had invaded his mai ital
rights and was committing adultery with
his wife, whether it was true or not, and
hc killed him in sudden fit OF passion
without previous meditation, they must
return verdict of manslanghter; only
the law was laid down with the judges
usual force and clearness. The charge
occupied one nour and a half in its de-
livery.
After being out nine hours the jury ie-
turned verdict ofguilty of manslaughter.
the penalty being not more than ten years
Imprisonment, or fine of $1,000.
Hoswell was sentenced by Judge