The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-01-16
THE SWIFT MANsLAUGHTER
CASE.
Trial of Simon A. Loveitt fer the Killing
of Leonard #. SWEET i'm Portland Sept.
70, 1871.

The trial of Simon A. Lovett for the muir
der of Leonard F. SWEET in this city ON the>20th
of September, 1871 was assigned for yesterday
in the Superior Court, Judge Lane presiding.
About 9 IL o'clock on the evening of the day
alleged in the Indictment the police found
SWEET lying in an insensible state on the side
walk in front of the new Custom House. He
was taken to the police station where medi-
cal examination showed a severe fracture of
the skull and several bruises on the face. SWEET,
without recovering consciousness, died early
the next morning; and cOrOners jury render
ed verdict that the deceased came to his
death at the hands of Simon Loveitt Loveitt,
on being arraigned yesterday, waived the read
ing of the Indictment and pleaded not guilty.
Messrs A. A. Strout and VIM. Writ Virgin
appeared for the prisoner and Chas. P Mat
tocks County Attorney, for the government
Seventeen jurors were drawn by ballot, of
whom two were ,peremptorlly challenged by
the defence, two by the government, and one
was set aside by the Court, for cause. The
jury empanneled is as follows:
Francis Purinton Foreman, Deering; Dex-
ter s. Rice, Portland; James Rounds Baldwin;
Adams Merrill, Portland; Richard Leavitt,
Scarboro' James A. Thurrill, Cape Elizabeth;
Ebenezer Proctor Naples; Nath'l Pickett,
Pownal; Henry L. Buck, Harrison; Lewis
Douglass, Gorham; Henry Tenny, Raymond;
Joseph G. Bennett, New Gloucester.
County Attorney entered mol pros on the
fourth and fifth.
Gen. Mattoeks occupied an hour and fifteen
minutes in his presentation of the case to the
jury He first defined the crime of man
Slaughter and pointed out the distinction be-
tween it and murder, and the manner in which
men may be convicted of offences; cited cases in
the.c course of his argument in support OF his
prdbositions If the victim is in i'll health, if
disease that is sure to prove fatal, and his death
Inux r;nl a commit
ting the offence is guilty of manslaughter. In
this case if it is proved that the blow struck
was not sufficient to cause death, but he died
from the effect of the fall the accused is guilty
in substance with the allegations the charge
is sustained Manslaughter is defined as
when death ensues in consequence of a sudden
passion on the part of his slayer and before it
has time to cool. 1t is not necessary to prove
exactly that the killing was done with the wea-
pom alleged; death by any other form
of deadly weapon is equivalent. The
courts have instructed iuries that the ac-
cused is guilty where death follows by the use
of instruments not ordinarily likely to produce
death. If no weapon was used the question is,
was unusual violence used. The bad character
of the deceased is not admissible in the de-
fence. The law pertaining to. excusable self
defence was also presented by the County At
torney. The government proposed to show to
the iury that SWEET and LOyeitt were not enc
drinking shop in this city. SWEET and another
played cards; Loveitt was the stakeholder
SWEET won, and when he called on Loveitt
TO hand over the stakes, he retained
49, sSoon after SWEET and a man met on
Fore street, near the place where the gambling
took place. A quarrel followed. Two little
girls heard the quarrel and the blow and saw
SWEET fall, and went for assistance. The police
soon after came and took SWEET to the police
station, where he died a few hours after
wards The phySipanS who would he called
would testify that the blow was peculiar one,
breaking in the forehead, the orbit of the eye
and the bridge of the nose; but they are not
prepared to state that these bruises and frac-
lures were the result of single blow. 1t was
also proposed to introduce prisoners confession
to Deputy Marshal Decelle on the night of the
murder, that he had words with SWEET and
knocked him down. After continued argu-
ment the court adjourned to afternoon, when
the first witness for the government was called
Sarah E. FOden snlorn-I4iye at Zzo FoTe
treet; lived there in September kpeW L. +.
welt by sight; was sitting on Mrs. Foxen s
DOR step, on the night of the murder, OF Fore
treet: Mrs Foxen lives near the foot OF Pear
street on Fore; was there on the night of Sep
TENDER doth; was there three-quarters OF an
hour before he was struck; saw Leonard L.
SWEET before dark coming out of Blake's; he
came out of the front door and was alone; the
door was close by me; was looking out the
window; he went down Fore street; didn't see
him after that; he was alone all the time; be
was on the corner of Pearl and Fore streets
when struck did not know the man met him
thew were talking before he was struck; the one
who struck him said something loud; did moi
hear SWEET say anything; they were talking a
h llf hour before he was struck; the man who
struck him was tall man; he struck a swing
ing blow; saw SWEET fall on the side of his face
like, when he was struck; the man who STRUCK
him went down Pearl street; he came back two
or three minutes after, and looked at SWEET
Swett's head was partly Oh the sidewalk ant
partly off his feet were on the sidewalk; die
not see the man strike him more than once
heard the blow; it sounded loud as If he hat
something in his hand they did not cllnch; N
did not touch him when he came BACK IL wa
pretty dark; SWEET did not move after pc t e,I
l staid quarter of an hour after SWett tei
Reilly picked him up; saw him after ne wa
picked up; SWEET did not say anything; dld no
seem to have any life; L am IA years OF age
Martha Fogg was with me; did not know tn
man who struck him.
Cross E1dnained.-My name is Sarah Ellel
Foden; the Fogg girl was on the steps when
went out; don't remember whether there wer
many fishermen in port or not; don't remembe
whether it was foggy; | was talking with thu
Eogg girl; head the 9 o'clock bell ring befor
SWEET was knocked down; am poiitive that
heard it; was on the steps about three-quar
ters of an hour; was busy talking with the Fogi
glri; went into the house before SWEET was tax
en- away; did not know the person who strucl
MN looked to see the person when he cam
DacK put could not tell who he was know 81
mon A. IoVeitt; he had taken dinner at on