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

in from three to five days to attend Mrs. Hos
well.
Queston-In what condition was she?
Mr.. Libbey-I object.
Witness steps aside by direction of Mr..
Reed
Charley r. Smith, sworn, testfed-Will be
13 years old the 9th of next February; am
the son of Mrs. Hosw, II; knew Mr.. Meader
remember when he was there and stayed over
Sunday; got bottle for him to get some lini-
ment in; it was about or l-2 in the morn
ing; carried a teapot into his room. My
mother at that time was sick abed; MIR. Latin
came to the door but did not come in he did
not stay over or 10 minutes. / was not
away only when went for pitcher of water {;
was gone or 10 minutes; | went into the
stable after it; went and done the errand and
came right back. | was bitten by dog DR..
Bell came on Friday or Saturday, believe :;
he came to see mother when size was sick af
forwards, on Monday or Tuesday. Lived with
my mother and Mr.. IIoswell when they lived
in Piermont, N. Y.
Question. Did you see him throw burning
fluid over her?
Objected to and objection sustained.
My mother had wrapper on the evening
of the murder, before went to bed; saw her
wearing the wrapper that saw here in Court
with the blood on it white buttons were on
it. Mr.. Latin was in our house frequently :;
he was in two or three times day sometimes !;
some days he would not come ut all have
seen my mother talk with lin in the yard ;
once saw mother beckon to Mr.. Latin at Mrs.
Patterson's request, who was in her window
up stairs. Mrs. Patterson afterwards came
down and talked with Mr.. Latin. Remember
of going to Hermon with my mother; saw Mr.
Latin at depot; he came a shor; time after we
got there and talked with my mother.
Q. What did he say!
Objected to by Mr.. Libby.
Witness. Saw Mr.. Latin during the day
Of the murder when he came from dinner; he
did not talk with my mother then saw him
talk with her when we first got home.
Cross examination:
Mother never talked to me about what |
should testify to; once in while she would
talk to me about not to swear to a lie: she has
two or three times. Mr.. Latin came to our
house when mother and got home saw him
again dt the door when ke came back from
supper; was at the door not more than five
minutes did not see him again that night ;
sewing machine was moved down between s
and l-2, and mother did not undress before
| went to bed; | went to bed about - ;
Mrs. Patterson was in the house when went
to bed. | slept in a back room; once in great
while would sleep with her; cant say how Of.
ten slept with her about all the time before she
went to Carmel, until little while before we
went away; then l slept alone; she let me
sleep in little room under the stairs, because
| kicked her so. | was asleep did not know
what occurred thar night. The day we went
to HermOn we went to depot about o'clock.
Do not know from what direction Mr.. Latin
came to depot; he was there until we went
away.
Re Direct-He not talking with my
mother all the time. The last time we went
to Hermon was about week before the MUIR
der; slept with her while there.
DR.. James B. Bell. recalled When
called to see Mrs. Hoswell she was sick on
the bed was then in afternoon, think.
Cross Ex.-llave no means OF fixing the
date. She was dressed.
Re-Direct-She had been my patient for
more than a year; had been subject to these
| attacks and partial confinement to the bed.
George 0. Morrill,. having been sworn, ties
tifed-Reside in Iiallowell; occupy the shop
in front of Mrs. IIoswell's rooms; called Mr..
Fowles on night OF murder to 20 into Mrs.
Hoswell's room; went i'll with him: the door
was locked; ne spoke and told her it was Mr..
Fowles; she unbolted the door; no one else
was in the room. This was before Hoswell
had been carried out of barber shop.
Dr. J. Q. A. Halves, recalled assisted
in dressing Mr.. Hoswel's wounds; her hands
were very bloody; blood on hands was not
entirely dry at time of dressing; noticed that
the floor was more or less boody good
deal of water was used to wash the wounds.
Elijah c. Heath, sworn, testified-Reside
in Hallowell by profession a clergyman
was shown knite] think have seen that
knife before; saw it the morning after the
murder; it has no appearance of being re-
sharpencd; | see in it but little difference,
only it is not so highly FURNISHED now as then.
Cross Ex.-The knife was very little bloody
when | saw it; city marshal Fowles showed
it to me.
Benjamin Fowles, recalled, shown knife I
Have had custody of that knife-have never
sharpened it.
Henry Sewall, recalled, Shown knife i
Have seen that knife; Mr.. Fowles showed it
to me the 10Th of September. Witness ex-
plains peculiarities vi knife and why he can
identity it. Am employed at the Jail.
At this point % witnesses, citizens of Hal
lowell, SeIe sworn.
Eliphalet Rowell, having been sworn, testi-
| fied-Reside in Hallowell; have lived there
over 80 years; knew John B. Latin; have
known him 10 or 20 years.
Question do you know his character?
Mr.. Libbey-I object.
Mr.. Reed--Do you know what his moral
character was?
The Court have given the proposition
considerable thought, thinking that possibly
it might come up in this case, l have looked
hurriedly into the authorities, but can find no
warrant for it, If you have any authorities
should like to see them.
| Mr.. Reed have no direct authority upon
this point but the reasons which induced me
to present this question; the reason why it
seems to me that the testimony of these gen
tlemen which have been sworn is admissible,
is this All testimony, as | understand it, is
misunderstanding upon its tendency to
prove or disprove particular fact. Now, il
we show that Mr.. Latin was n man of ire
proachable character, it seems to me that il
plainly tends to show that he was not in the
act of adultery, or about to commit ii with
Mrs. Hoswel. If Hoswell had succeeded in
his purpose, and had inflicted deadly wounds
upon Mrs. Hoswell, and Mr.. Latin had es-
capped and was on trial here to-day for the
crime of adultery, it is undoubtedly the fact
that evidence of his moral character would be
admissible, to show the improbability of his
committing such crime. 1t seems to ME
that this stated fact of adultery and the fac,
that Mr. Latin has heretofore borne an ire