The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-02-05
Judge B0nney to Deliver His Charge to
the Jury this Morning.

~Ao %AAoA WOO ACcuMcu JoSVcIudy uUIuluHs
The crowd in the forenoon was not SO great as
usual, but in the afternoon every inch was
packed and the stairs leading to the court
room was thronged by people who could not
see but could catch an occasional sentence OF
the Attorney Generals argument.
The rebutting testimony Of the government
was resumed.
POLICEMAN JOHN r. LANGMAID
was recalled by the government and testified
that he met Libby on the afternoon Of Septem-
Der 4th about four o'clock near Mechanics
Hall; spoke to him and shook hands with him;
asked him il he had many boarders aud Libby
said they were all gone, left that day; that
he came 10 to get some checks cashed and set
tie some bills; noticed nothing peculiar about
his appearance in any way; he seemed to be
more in hurry than usual.
BENJAMIN TRUE,
sheriff Of Cumberland county, testified that
about six O'Clock on the 9th of September
after the shooting he served writ upon Lib
by at the jail. Libby was sitting on the edge.of
the bed when went into the room and said,
Mr.. Libby, how are You getting along2" He
says, 81 am trying to get a little rest" spoke
to the attendant and Libby laid back on the
bed saying his head felt badly. l placed the
summons in his hand and he asked what it
was. told him some one had sued him and
MI George Shaw, the grocer, and told him it
was probably grocery bill. He said, "Yes,
that is what 1t is, a grocery BILL"
SUSAN A. LIBBY
OF Scarboro, testified that last summer she was
employed by Thomas j. Libby, at his home
and worked up to the first days of September.
1t was three weeks before left that Libby
cut his hand while carving at the table. Ire
member the time that Lydia Snow left there;
it was between six and half past seven in the
morning before breakfast. After she left, Mr..
Libby barnessed his horse into the top buggy
and left the place. The top was turned back.
/ should say that he left within two hours af-
ter she left
On cross examination she said that she did
not remember about his coming back that
morning, but she saw him come back in the af-
ternoon.
1t was announced by the counsel that the
testimony was all in and at twenty-five min
ates past ten. Hon. S. G. Andrews then began
his closing argument for the defense.
MR.. ANDREWS ARGUMENT.
After an eloquent introduction he referred to
the occurrences OF the morning Of the 9TH of
September, about which there is no dispute.
The night clerk passing by the room occupied
by Libby and Miss Snow during the night
heard conversation and laughter. When the
clerk went to the room in the morning the man
lay on the bed. The woman manifested no
fear whatever; she stood calmly with the door
open with the chance to 60 cut ii she pleased.
She locked the door herself when the clerk
want cut. When the officers found Libby ~
ing on the floor after the shooting he was ask
ed what he had done, and replied that he was
almost dead. His only idea was that some
thing had happened TO him. he had no thought
OF ths shooting of Lydia Snow or OF killing
himself. When man meets with an accident
and becomes insensible, on recovery his
thoughts go back to the time when he became
unconscious L!bby's mind did not go back to
ire shooting, bat he had no recollection OF it.
There was no earthly motive for Libby to COM
nit this crime. Libby had had intimate rela-
tions with Miss Snow for q long time. He had
been on the pleasantest terms with her. There
is no evidence that they ever disagreed. Ii be
had been rational man he would not have
left his family. gone away with a strange wo-
man, murdered her and brought all the shame
of it on his family. He inherited thirst for
liquor. He had struggled against il, and for a
few days preceding the shooting he had drank
no liquor of any amount.
The prisoner has opened his character to the
jury freely. The result has been that the frat
citizsns of Msine have testified to his good re-
pute. This is not an ordinary criminal but a
man as pure as any in the country, with .
single exception. 1t is not possible that such a
man would commit crime like this without
shadow of motive. The whole history of the
case shows that there could have been no pre-
meditation. The preponderance of the testi-
mony is that the prisoner was not drunk in the
least on the afternoon and night before the
shooting. All the men he met in the after
noon say that be was perfectly sober. There
can be no doubt thrown on this testimony. DR..
Smith and Charles B. Nash took particular
pains to examine Libby's breath after the MUIR
der and found no traces of liquor.
Was the prisoner responsible at the time of
the shooting? The very fact OF the shooting
negatives this question. The long drinking
and the leaving off produced disnrdered sys-
tem and insanity. The acts described by Mrs
Libby before he came to Portland, and the tss-
timony with reference to his proceedings in
this city all 60 to show this conclusiyely. III
the testimony Is true there ID but one conclu.
sion to be drawn from 1t: The prisoner was
insane, did not know what he was doing and
is not guilty.
DR.. Gordon says that the acts of Libby
would indicate insanity, and that the raising
of the pistol and pointing it at the night clerk
would be thesbest possible evidence of this.
a II the other medical men called by the de-
fence sustain this opinion.
The fact that Libby had pistol is explained
by the frequent burglaries that had taken
place. He was going to Portland for merchan-
disc. and he took the pistol for self-defence.
Libby told Mr.. Bradley on the afternoon of
the 4th, that he would trade wagons with him
the next week. This would tend to show that
Libby did not have the deed 10 his mind at
that time. The deed must have been on the
spur OF the moment, in period of delirium.
The testimony that Libby threatened Miss
Snow when she declined to come to Portland
cannot in reason be true. She would never
have refused to go with him. such was his in
huence over her.
The characteristic symptoms OF delirium tre-
mems, as described by the medical experts,
were referred to. 1t was claimed that all
these symptoms were present in Libby.
The doctors seq that all theee prouped
together show delirium tremens. The
shots wsre random, insane shots, not the
result of deliberate aim The theory is that
Miss Snow tried to wrest the pistol from Libby
and imagining her an enemy he fred. II the
night clerk had tried to take the pistol from
Libby. or had remained in the loom for thirty
seconds. he would have been shot, not 1Miss
Snow. Libby could have had no animosity
towards the clerk, and there was no reason why
he should wish to kill him. 1t was the deliri-
nm that made an enemy Of the clerk.
Hs referred to the devotion Of the wife and
children Of the accused. He reminded the
jary that in their hands rested the responsible.
~ OF pronouncing in calm, deliberate judg-
menf, on the fate OF the prisoner, and said IL
there was reasonable doubt about the sanity
OF the accused, it should result in verdict for
his acqlittal.
Mr. Andrews's argument occupied about two
hours and half, after which the court ad :
journed until afternoon.
Afternoon Proceedings.
Attorney General Baker began his agument
for the government as the coming in OF the
court, at 8 o'clock. Referring to the sacred-
ness OF human life no said the counsel for the
defendant forgot when he was speaking Of the
sscredness of Libby's life that Lydia Snow
whose only sin appears to have been that she
yielded to his seductions laid cold in death
slain by his hand. Tho law, said Mr.. Baker,
does net permit isself to be triflsd with; the
law does not recognize conjecture; the law
does not substitute guesses and theories for
facts. A man who stands before jury of his
countrymen canopied in innocence has no
need to resort to questions of reasonable doubt
or to matters of medical conjecture and theory.
When he is charged with crime innocence
knows how to defend itself. 1t comes before
| jury and says "Behold me, did not do it, or
| If did do it it was because was obliged to do
1t to protect nv own life." Innocence resorts
to no snbterfuges but stands up boldly and
manfully and challenges scrutiny and does not
seek to wrap around itself the mists and
shadows of speculation and miserable theory.
Such is the conduct of innocence. Insanity,