Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-12-05

the evidence coming from an expert goes, it
leaves us in very peculiar position. We
have but one institution of the kind in the
State, with but one physician at The head of
1.-THE Superintendent and he is summon
ed by the Government. We cannot compel
the attendance of an expert from without the
I State, so that, practically, SO far as we now
have knowledge. if we wish the evidence of
this character, are confined to the evil
dence of one, be cause have no
process to procure the attendance of
Il witness outside of the State. The
rule, virtually, far as my knowledge
/ of the profession extends, makes the Superln-
tendent of the Hospital here the only expert
in the State There may be others. AS we
now stand, l ask the Court for postpone
ment until we can consult, and see If we can
procure evidence. We are entirely surprised
by this ruling. 1t is the first time within my
knowledge of practice, that such ruling has
been made in this State. | know some years
ago | defended a young man indicted for
stealing money at Bangor-tried in the U. 5.
Court-and physicians, standing precisely as
these witnesses stand, were summoned as ex-
perts in that Court. In tins Court, where |
have been counsel in a number of cases on
one side, it has been So thereto l hope your
honor will give us some opportunity to try
and procure the evidence of experts within
I the rule now established.
The Court. What is it you desire! Make
your suggestion more specifically.
Mr.. Libbey. desire now suspension, un-
til we can consult, until we can see if there is
any one within reach that we can procure.
The Court You may have a recess of 10
or Is minutes.
! A recess of IL mintes was here taken.
! Mr.. Reed. May it please your Honor -
After consideration have concluded to take
upon my self tue responsibility OF foregoing the
summoning of witnesses which have brought
here from another part of the city, and from
distant State-Dr. Harlow, the Superintend-
ent of the Insane Hospital in this State, and
DR.. George Choate, for many years Superin-
tendent of the Taunton Insane lIospital-are
! both present to testify in this case. My broth
er on the other side says that they supposed
that the testimony of the physicians which
they had summoned here, would be admissi-
BILE. | had not supposed so, and from care
/ full examination of the authorities had pre-
sumed that no one would be admitted except
those who were especially trained, and could
/ give opinion that would be fit for jury to
rely upon. Such being the aspect of the case
and they finding themselves without any wit
nesscs upon this point, and as | deem my du
| ty simply 10 have the case fairly presented to
| the Jury without advantage on the part of
Government, and with the utmost fairness in
my power, | have concluded to let the facts
go to the Jury as they stand, believing that
any intelligent man can come to n correct
judgment upon this subject. | shall there
/ fore not call those witnesses that | have
named, although they are here, prepared to
testify upon the subject.
Mr.. Lbbey. May it please your Honor:
After the statement made by the Attorney
| General for the Government think it proper
for us to state how understood this ques-
ton in regard to experts. So far as DR.. Hill
and DR.. BriCkett concerned as witnesses
in this case, they were summoned by the Gov
ernment, and we suppose summoned ex-
perts. Certainly DIR. Hill we supposed to be
an expert, because we had no intimation
that he was to testify to any fact or had any
know ledge of this case. | only state the posi-
ton that We were in. We had four that we
intended to call-Dr. Brickett, DR.. Ill., DR..
Mckeen of Topsham for short time Super
intendent of the Insane Hospital, and DR..
Martin of Augusta. Those were the experts,
and supposed they were admissible.
The Court. Perhaps it will not be improper
for me to state that the best authorities say
that any man of ordinary good common sense
can describe a case of insanity just as well as
the best experts in the world l am glad you
have mad the arrangements you have.
Mr.. Libbey-May it please your Honor, We
stop here.
The Court will say to the counsel by sug
gestion that will only require them to close
the evidence to- day. l had hoped at an ear
lier stage of the trial that we should be able
to close ii this week; but il is now Saturday,
and the counsel have expressed a desire they
should not be compelled TO enter upon the
arguments to-day, even il the evidence was
closed. | have taken the matter into consid-
Grafton, and on the whole think that the re-
IN slo 81 nd 1ittla iS
reasonable and shall hot require counsel to
enter upon the arguments until Monday.
! Mr. Libbey-There is another n ason, and
that is we have procet ded in this case without
taking any minutes of the evidence, to any
extent, on account of having official report
ers and | think counsel on both sides should
have an official report of the evidence before
being required to commence the arguments. :
The Court-Iou are right.
RENTING TESTIMONY.
The Government called Miss Anna l..
Lakeman, whs, having been sworn, testified
Reside in Halowel: knew Mr.. Latin, never
saw Mrs. Hoswel 10 know her personally;
have seen her at church; know that |
saw her at the depot on the 18th of September;
know it was that day went to the del pot lit
tie past one o'clock. | did not see Mr.. Lat
i lin. Went into the room where Mrs. Hos
well and her boy were; did not see him there,
but saw Lin afterwards; he conversed with
me few moments-the most of the time l
was there. l went off in the dummy; saw
the woman and boy on the dummy; can't
state what Mr.. Latin had under his arm-it
was roll of something; don't know what it
was.
Cross Ex.-I went to the depot after one
o'clock that afternoon; can't say precise
number of minutes stayed there; knew the
time the train was due; it was past one when