Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-11-29
jury:


Yesterday was the day assigned by the
Court the 4th. inst, for the trial of Ed
ward III. Hoswell, indicted at this term for the
wilful murder of John b. Latin, at Hallowell,
on the 10Th day of September.
The prisonef was arragned on the 26th day
of October, when he was taken into Court,
and the Judge at his request assigned Messrs,
Pilsbury and Libbey for his counsel. The
indictment being read to him he pleaded .'nof
guilty" On motion of his counsel, the Court
ordered that he be furnished with copy OF
the Indictment and with processes to summon
his Witnesses IL list of the witnesses ex-
amined by the grand jury and list of the
traverse jurors in attendance.
The Court came in at o'clock p. NJ, yes
terday, but about half an hour was Occur led
by divorce ease. This case disposed of, Mr.
Reed, the Attorney General, arose and said:
May ii please yoHr Honor: The time hav-
ing arrived which was appointed for the trial
OF Edward H. Hoswell, | move the court that
the prisoner be brought in and placed at the
bar for trial.
The prisoner was brought in by the sheriff
and placed in the prisoners dock He was
dressed in broadcloth pantaloons and coat
and black satin vest he also showed an in
maculate shirt-bosom with handsome gold
studs. When first brought in he was much
affected, and held a white handkerchief over
his eyes, if weeping; but after a shor,
time he seemed to have completely recovered
his composure, and watched the proceedings
with intense interest.
Fifty eight persons had been summoned
from which to impanel a jury, but to the
Clerks call three failed to answer to then
names. After a few short delays, the Judge
directed the impaneling OF a jury in the
| manner prescribed by law, whereupon the
Clerk William NJ. Stratton, turning toward
the prisoner, said: fr6
edward II. Hoswell you are now to be
tried upon the indictment which has been read
to you, and these good men whose names
shall call are to pass upon your guilt or limo
cence. Ifyou reject any of them you must do
it as they are called and before they are sworn.
You have the right to challenge twelve, per-
emtorily, without assigning any reason, and
as many more as You shall show cause why
they should not sit upon the case"
The P,tsoner-(rising from his seat in tn,
prisoners box weud like to sit where ]
can speak to my counsel.
The COu3t-Mr. Sheriff, you may let the
prisoner have chair by the side of his coun-
sci. The prisoner thereupon was shown to
a seat by the side of Mr.. Llbbey.
The Clerk proceeded to impanel jury,
by drawing cards from box, each card bear
ing the name of person summoned. In ex-
ercising the right of challenging allowed him
by law, the prisoner, through his counsel, Mr..
Libbey, peremptorily challenged Messrs. Mel
via Tebbetts. Fred S. Clay, Edmund Bragg,
Thomas J. pinkham, Walter Bowers, Isaiah
Halves, Stephen G. Watson, Harrison Chad
wick, Moses Briggs, J. G. Hutchinson and
Jones Butterfeld. . .
Mr.. Charles r. Gilman was challenged by
prisoners counsel ''ior a cause"
The Attorney General peremptorily chal-
lenged Isaiah Holmes.
The names of Joseph II. Allen, Allen ID.
Niles, Henry j. Morrill,, Cyrus Wheeler, S.
l.. Boardman, Freeman II. Crowell, Daniel
Libby. Jr., and Daniel Vosmus, were drawn
| from the box by the clerk, but their answers
| to the interrogatories of the Count and Of the
| prisoners counsel caused them to be pro-
| nounced disqualified o serve as jurymen in
| the case.
! The jury, as it was impaneled, are as fol-
| lows:
Gorham A. Chandler, Winthrop.
Harrison Hanson, Readfeld. B ~
Oliver S. Edwards, Monmouth.
Abisha b. Fletcher, China. 1s.
Isaiah Robbins, Nassalboro'.
| Enoch X. Leach, Monmouth.
Wilson NJ. Hattins Lilchfeld.
John NJ. Plummer, Augusta.
Hannibal J. Drake, Benton.
| Nathan Kmbal, Winthrop.
Harrison Hammond, China. ass
John Barrows, Augusta.
| The Court appointed John Barrows, Of Au-
| gusta, Foreman of the Jury.
| The Judge said, previous to the drawing of
the jury, that it is the purpose Of the law to
secure 10 every one charged with crime, a
trial by an impartial jury; that if any OF those
| who had been returned as jurors had formed
or expressed any opinion with regard to the
guilt or innocence of the prisoner; or if they
| were related to the prisoner or to the deceas-
ed, Mr.. Latin, within the degree of second
cousin or if thaH had conscientious scruples
in regard to finding a prisoner guilty when
the penalty is death; they would be disqual
fed to sit in the trial of this case. But the
law does not consider juror disqualified,
simply because he may have read in tue news
| papers of the day an account Of the affair,
nor because he may have received an indef-
mite, unixed impression with regard to the
guilt or innocence of the prisoner on trial.
| impressions thus derived from articles pub
! lished in the newspapers, have been held not
to disqualify juror. If he feels still that his
| judgment is so free from prejudice that he
| can give the prisoner an impai ial trial, then
such vague impressions do not di. quality him
to sit 1t must be such a liked, definite opin-
ion, that il would require evidence to over
| come IL. II VIII aisp ucptnu very Hlucn upon
the Jurors own sense OF the condition of his
mind, and he must answer for himself,
and determine whether he feels any such
bias or prejudice as will prevent his try
ing the present case with impartialiy.
He said that jurors are simply to determine
the truth OF disputed facts-thry have nothing
TO do with the law or its consequences hut
still if there were jurors present who felt that
they had conscien ious scruples in finding a
verdict OF gritty where the punishment is
death. he said they should make the fact
known, because the law disqualifes them from
sitting in the case.
The panel being complete, the Indictment
against the prisoner WAS read to the jury by
the Clerk, and is as follows:
STATE OF MAINE.
KENNEBEc, sat- the Supreme Judicial
Court begun and holden at augusta, pithin
and fort The County of ksnnebee, on the third
Tuesday Of Octo6er IA the gear Of our lord
one thousand eight hundred and serenity.
The Jurors OF said State, upon their oath
present, that Edward Ii, uoswell of Augusta,
in said County OF Kennebec, on the nineteenth
dav af Spptan,har m tho v.ur of our ord onn