The Portland daily press., 1885-01-29
THE LIBBY TRIAL.
A Crowded Court Room and Great
Interest Manifested.
The Prisoner Very Cool and Collected.
Proceedings of the Second Day

july HSES taHen TO tn9 Olly dotel Dy an
officer to view the scene of the tragedy and
it was half past ten o'clock when they re-
turned.
Libby wes brought into the court room short
ly after ten O'Clock. He appeared self-pog-
sessed, and deliberately removed his overcoat
and overshoes. He took a seat outside the rail
OF the bar at the left hand of his counsel. He
Looked round on tho spectators, who stared at
him, and he strokei his moustaohe in self
conscious, nervous manner. His ear and
neck show the dark scar of the bullet wounds.
Several female witnesses, relates of the mur-
dered woman, were in attendance, and later
his wife and daughter arrived. While wait
ing for the opening of the court the spectators
conversed with one another in low tones.
Many members of the bar we're present.
The jury came in ane took their seats at
twenty-five minutes past ten, and Judge Bon
ney entered twenty minutes later.
ATTORNEY sETDERs' ARGUMENT.
At1O4 45 County Attorney Seiders opened
the case for the government. After comment
ing upon the Importance of the case, the
solemnity Of the occasion, the great response
bility resting upon any citizen sitting on the
trial OF human being for his life or his lib
erty, the fact that upon the shoulders of the
jury rests the burden and the responsibility OF
the acquittal or conviction of the prisoner, he
read the statute defining murder in the first
and second degrees, and explained briefly to
them the distinction betwean express and i'm
Piled malice. Malice, said he, in the common
acceptation of the term is hatred and wicked
intention to DO evil, but the legal definition
OF malice inclades all this, and goes further.
Ii a is desirous of poisoning B, and he laws
tbs poison where he thinks B will get it and
thus destroy his life; and accidentally c. per.
haps one of AS best friends, obtains the poison
and dies therefrom, the law implies malice on
the part of A against G.
Coming down to the facts of the case, Mr.
Seiders said that on the night of the 4th of
September this prisoner appeared at the Oitv
Hotel in Portland at about 10 o'clock, or there
abouts, and called for a room for himself and
wife. be didn't register his name, but went
to bis room, and it was not discovered until
some time afterward that he had not register
cd The clerk will testify to you that be pass
ed this room back and forth during the night
from IL O'Clock onward; that during that time
there was light in this room, and conversa-
ton and even laughter we're heard in it, About
O'Clock in the morning he was called by the
bell to this room and Intoxicating liquors OF
The prisoner at this time was remarkably
pleasant; met the clerk pleasantly, and the
clerk, after furnishing him with les water
left, and from that time onward passed back
and forth as his duty called him, still hearing
conversation and laughter in the room.
The next important occurrence which we
reach 10 that about 8 O'Clock in the morning
this same witness was called by the bell to this
room. He went to the room, and lydia s,
snow, the victim ia this case, requested him to
take pistol from the hands of the prisoner,
who was at that time lying on the bed, diagon-
ally scross it with his head back towards the
partition, holding ths pistol in his hand, He
ala not comply with the request, for the pri-
soner intimated to him chat he better get out
OF the room, and he got out of it as quickly as
ne could. LII was such an unusual case that he
hesltated or stopped in the hallway few feet
from the door, and iD a few moments after
wards he heard the report of a pistol and then
another, and then he heard the scream of
woman; he heard third report, and then
snort interval OF time elapsed, and then a
fourth report. When the officers were called
these two parties, the prisoner and his victim,
were both found lying on the floor between the
bed and the partition, the woman with her
feet within perhaps feot or whereabouts Of the
door, her head backing to the room diagonally
towards the bed, while the prisoners hea6 was
near to the door, lying on his side and face,
and the pistol between himself and the bed.
How did these shots take effect?
The hrst shot that was fired believe to have
osen misshot. The second shot NAV have
been the shot which struck Lydia s. Snow di-
rectlg under the jaw, going upward and back
ward somewhat. The third shot NAV have
o3en the shot which struck the head back of
the ear, passing through the brain. The hole
in the wall of the room which the jury saw
this morning, shows that the track of the ball
was diagonal, and that the person who fred it
either rested partly upon his elbow, while on
the bed, or was in sitting position. Now
then, II you notice the height OF that opsnipg
in the wall, yOu will understand when ex-
plain to you that my theory is that Lydia S
snow when she found that the clerk would
not take the pistol from this man, and his de-
termination became such that she feared for
ner life, she started to go out CT the room.
You remember hoy the door was situated with
tbs knob and lock close to the partition, so
that naturally, as she came to that door she
would seize the knob and turn her faca 8 Iittla
to the right, ard perhaps drop it little: that
being the case, the bullet which went into the
nead would naturally come out little higher
on the other side as it did. No blood was
found in the room except where the victim
lay. She fell back, with her feet within a
1901 OF the door, directly on her back, and in a
position in which you would expect to find
her in endeavoripg to escape from the room
when she was shot down.
Mr.. Seiders closed his opening at a quarter
OF twelve, having occupied about one hour.
The government then called twelve witnesses,
Who we're sworr.
EDWARD C. JORDAN.
The first witness called was Edward G. Jor-
dan, who testified that he is civil engineer:
that he was called upon last Saturday by the
government to make measurements of rooms
81 and SO, and their surroundings, in the CITY
Hotel, which he had done, and made plan of
the same. Room So (tbe room In which the
homicide occurred,) is 13 feet and inches
long by feet wide. The bed was six feet and
two inches long, four feet six inches wide and
one foot and hve inches higb. By measuring
the angle of the bullet hole in the PARTITION
wall II line was drawn corresponding with
the slope of the hole in the wall when II
reached the bed, it would be foot and eight
and half inches away from the wall that is
the angle horizontally. On the westerly door
moulding, about seven feet and half above
the floor there was a small indentation one
eighth OF an inch deep with q speck of lead in
II, and line drawn through and in the direc-
tion of the hole ia the wall would strike this
lndentatlon, and extending that line from that
lndeDiation through the hole in the wall into
room 5S, towards the bed it would be four feet
and half above the floor at the outside edge
OF the bed, two feet and two inches and a half
above the mattress.
FREEMAN A. SHOWS TESTIMONY
Freeman A. Snow. called by the State. 1
reside at Pine Point and am brother of the
deceased, Lydia S. Snow. My sister was rs
years old. She was right-handed; she was liv-
ing in my family few days prior to the 4th of
September; she came there The 31st of August
aud remained until the 4th of September, with
the exception of Monday, when she was away,
but came back Monday evening. Prior to the
3lst OF August think she had been to the
mountains short time. The 4th day of Sep-
tember, think, was Thursday She left my
house IN Scarhoro' that day, but was not at
home when she left. I returned from NV
work about half-past five in the afternoon. I
am fisherm an by trade. When | got home
my sister had gone. / never saw her living
again, but | saw her body at Undertaken
Rich's in the city of Portland on the 9th day
OF September. arrived there about IL O'Clock,
ont dlo not see the remains until about /
O'Clock. was at my work about half-past 8
that morning when received line that she
was dead, and came on the next train. I
recognized the body as that of my sister. That
was after the post-mCrtem examination had
been made.
Cross examination by Mr.. Moulton. NV sis
ter made II her home at my place for the last
two years and half, when she was not away
Of work, but she was with me bat a very little
OF the time, not more than four weeks in q
year. Her residence was Scarboro' She had
eslded IN Provincetown, Mass, for ten wears
before she came here. The most of the Last