Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-12-02

her photograph to the livery stable keepers,
and expressed a desire that they should
watch
That his appearance, when travelling upon
the cars, was extraordinary; SO much so, as
to attract the attention of the conductors;
that he would stand as if in trance, as if he
was wholly engrossed by some subject other
than anything that was TRANSFERRING. The con-
ductor would have to speak to him several
times before he could get his attention. We
shall show you fully all the facts in regard to
his condition before the night of the 10Th.
Now, gentlemen, the government is pre-
senting this case upon the theory, (and shall
simply call your attention to it, don't mean
to argue the evidence; it will be the duty OF
the counsel who sums up, to do that j that
when he went to lIallowell, he went there de-
libcrately, armed with his revolver; that he
intended all that he did; that it was deliber-
ately done. and by design.
| We shall endeavor to show You that was
not the case, from his own evidence, from
| other things which we shall prove, and from
the evidence already in the case on the part
| of the government. You can not have failed
to perceive that if the government theory is
true, the conduct of this deft upon that night,
was most extraordinary, most remarkable
Their Theory is, that he went to Hallowell,
watched outside first pulled off his coat, a
|
pulled off his coat and boots, rolling them up,
placing them by the side of the house, within
| two or three feet of the doorway, where they
would be sure to be found after the homicide.
| Then they have him standing at the corner OF
| the barn, some twenty or thirty feet distant.
where he would liable to be seen by Latin
when he passed out of the back door, in full
view, AS you will see by the plan, that you will
| have before you, in full view of Latin, pas
sing out of his back door. They have him
| there standing in his shirt sleeves with a light
vest on, his coat and boots at his own door,
that he travelled there in that place and beat
down in with his stocking feet the ground at
that time, all know how dry it was, SO the
| the witnesses could not tell you the appear
ance of the ground; how it was trampled by
the feet of some one, they would have you
understand, to commit a homicide and then,
after having accomplished his purpose stand
| right there with his victim, with his hand on
his shoulder, never attempting to flee, not
| moving foot, making no more resistance
than child. And this the counsel tells you
is the act of man in full possession of bis
reason and will, there with express malice
aforethought committed the murder and the
reason liz tells you he did not use the revol-
yer, the murderous weapon which he had
prepared for the commission of the act was
| that he was afraid that the report would at
| tract att ntion, implying that his design was
| to commit homicide and flee at once and at
| tract the attention of no one, leaving his coat
and boots, by the door fleeing in his stocking
feet and shirt sleeves, when you find him in
stead of doing that, remaining with his VIC
| tim, never attempting to flee, after the scuffle
with his wife, following him into the shop,
and innflicting no other wounds upon him !;
he stands with his hands upon his shoulder
| crowd cd IN n
word except to make one reply, when re-
mark is made to him. making no converse
| ton, no remark on the way to the Jail.
Now. gentleman, we shall ask you to find
from the evidence in the case and from what
| we shall put into the case, that the prisoner
at the bar. at the time he committed the act
was not in his sane mind, that he was under
the influence, the uncomfortable influence of
the passion of jealousy, which had assumed
such power, such control over him that he
had no will to control himself, and for the
time being he had no power to reason as to
what he was about, and if you find him in that
condition. then we maintain that under the
law, he is entitled to acquittal.
| Now, gentleman, feel that have said all
/ wish to say 10 you in opening and explain
| ing this case, explaining this ground upon
which we shall rest the defense, and it will
be TOR my associate to comment to you free
ly, upon the evidence in the case. / feel that
l have discharged my duty, and l have but
one word more to say to you, and that is to
invoke You to discharge your duty, not only
your duty to the State, your duty to society.
| invoke you by your verdict to say to the Sc
Queer, the adulterer if he deliberately enters
his neighbours house and seeks to ruin his wife
and destroy his happiness forever and dis
grace his family, he goes with his life in his
hand the stake, and if he loses it is but JUS
,ice. Yes, gentleman, the seducer, the adult
erer hmseltatter gratifying his unholy passion,
when he sees the hand of the husband raised
to strike him down, would instinctively ex
claim, IN the depths of his own heart, that is
but justice. He would be in the terror of the
shadow of death, and would know that a just
retribution was about to meet him.
And, gentleman when the result Of your
verde. shall spread with the rapdity of light
ming, over the whole country, you will have
but one response from the whole moral sense
of the community as in the case of McFar-
land, that will be that it is but justice.
Gentleman, l ask your consideration of the
evidence that we shall adduce to you.
The opening statement by Mr.. Libbey
closed at ll.3O.
Witnesses for the defence to the number of
thirty, were called by Mr.. Pillsbu.y, and
sworn.
Jerry Blake, having been sworn, testified
Reside in Hallowcll have resided there 10
years; last summer lived at head of Central
street; took meals down town. Boarded last
August with my sister, over the tenement oc-
cupied by Mrs. Hoswell; little acquainted
with Mrs. Hoswell knew MIR. Hoswell
slightly knew Latin intimately began board
ing there in July boarded there till 9Th of
August. Have seen Latin go into Mrs. Hos
wells back door; cannot name specified oc-
casion. Sometimes he might have stopped a
few minutcs-sometimes longer. Saw him
coming out one night about quarter to 10
O'Clock; suppose he then went home; never
saw Mrs. Hoswell in her room at window ;
have spoken to Latin about going there SO
much-neyeT so spoke to him but once; cam
not say whether it was before or after left
think it was after. Spoke to him the night
| saw him come; saw no light inside her
room he did not shut the door-some one
was inside. Think Mrs. Hoswell's boy is be-
tween ~ and ID; was in the habit of being
shaved at Laflin's.
Cross Ex.-Left off living over Mrs. Hos
well about the 9TH of August; back stairs