Year: 1870

| evidence DrlngS tnls HILL at tle DdT WitnlD
the line of these decisions and the principles
which have read to you.


The fact in the case that this respondent
slew John B. Latin, caused his death, we do
not deny; it is admitted. And when the fact
is admitted we admit the farther fact that it is
incumbent upon him in defense to show a
justification, that the burden is upon him; we
accept it without qualification or extension.
| will first state the governments theory, for
there are two theories upon which this case
is presented to you,-the governments theory
of the defence as to the circumstances and
facts in the case.


Now the governments theory is this, in sub
stance that the deceased, Mr.. Latin, went to
the house of this respondent, in the occupa-
| ton of his wife, at n little past o'clock on
the evening of the 10Th of September, that he
went there for an innocent purpose, that ht
then stepped inside the door to show this
woman carpet and to apologize for not hav-
ing come before and removed the sewing ma
chine, and after few brief moments in ex-
animation of that carpet he stepped outside,
and this respondent, lying in wait for him,
with malice in his heart, sprang upon him,
and struck him in the breast, and from him
sprang into the house and attacked his wife
that he afterwards left her and pursued Latin
around to his own shop door and there in
| flicted the blow in the neck which caused his
death.


The theory of the defense is that Mr.. LAT
lin went there, not for an innocent purpose,
but to commit the crime of adultery; that this
respondent was inside the house, under the
| ed that Latin was in adulterous relations
with that wife; that if he was not in the ac-
tual act of adultery he was in such a relation
as brought to the mind of the husband the
proof positive of the guilt, and that in the
frenzy and under the impulse of that instinct
which the Creator has implanted in the heart
of every man, he struck down the adulterer
at his own bedside, that he gave that fatal
blow then and there.


MIR. Pillsbury, after stating the theory of
the government and the theory of the defense,
proceeded to discuss at length the evidence
bearing upon these two theories. After refer
ing to other testimony he said ::


Gentlemen, it was said in the opening that
the carpet was found in the back entry upon
the floor, with the corner of the covering of
burlap turned back and from it they
would have you infer that it had just been On
exhibition, that they had just been examining
it. SO far as l am able to judge, that is the
| chief point relied upon to convince you that
that carpet had been IN that room, as they
represent. Now l want to call your attention
to the carpet itself.


| Here the counsel exhibits the carpet to the
jury, calls their attention to its appearance,
| and comments on the testimony OF witnesses
in regard to it, and continues


Gentlemen, that carpet was no more in
that room at the time when Latin was there,
and this tragedy took place, than you were.
1t is fiction, the whole of it; there is not a
particle of evidence that it was, nor particle
of evidence from which legitimate inference
can be drawn 70 show that it was.


Well, gentlemen, it occurs to me to refer
to that wrapper. In the first place / ask you
to consider the likelihood of that wrappers
impeding a man in death struggle, as they
represent. The boy told you about the wrap
per being torn, an old wrapper, piece of
print. The idea of mans holding a woman
in death struggle by that, and not a tear
| about il. just as it was before the woman
went into her bedroom that night and having
been through a death struggle, should hold
| her by it, and she should escape by throwing
| it off from her shoulders, and not a teai or
rent about it, Exhibiting the wrapper to
the jury. 1t must have been a fierce strug-
gle, was it not


GThe counsel further discussed the evidence
in regard to the wrapper and then passed to
the evidence of Mr. Fowles before the Coron-
er's Inquest.


Now g. ntlemen, believe | have copy Of
City Marshal Fowl. s. evidence before the Cor





Reed-I want YOU to bring it in. will bring
it when return. You will remember that
there was an inquest held, and Mr.. Fowes
says under his own signature, under oath,
that Iloswell said nothing that night at Hal
lowell. but that on the way to Augusta he
made an expression so-and-so. Now, gentle
men, the inquest was held the very next morn
ing, when everything in his mind would be
fresh. He gives his testimony verbally, and
the Coroner writes it down. 1t is read over
to him, as Mr.. Fowles admits, and then he
signs his name to it; and now he declares
that he went into Mrs. HOswelrs room and
made certain minute observations, because
Hoswel mad said so-and-so.


| THE counsel here comments upon the un-
likelihood of the witness making these partic-
ular examinations, and among others, of the
wrapper, when he had just left the deceased
man, and had reason to believe that the wo-
man was near her end.


Mr.. p. called the attention of the jury to
the various evidences of adultery, and was
discussing that matter at the adjournment OF
the forenoon session


AT y 80, NJ, Court adjourned


AFTERNOON SESSION.


At2l;2P. NJ. Mr.. T. resumed his argu-
ment and commenced as follows:


AT the hour of adjournment | was arguing
| to you upon the evidence gong 10 SHOW auul-
ferrous relations between these parties. had
nearly gone over the whole evidence touching
that subject coming from witnesses other than
the respondent himself.


Now, gentlemen, you have the relations OF
these parties premises and we have brought
before you every witness, perhaps with one
exception, who had any opportunity to over
see the action of these parties. The meetings
swere in the rear of these apartments; the bed
room cut off sight from the opposite side of
Perley's lane, and Ordways shop is the exten,
of view in the other way. We have brought
before you the boys who visited that stable,
and had the opportunity to see what was
here going on. We have brought all
the eyes that overlooked that scene to you,
and without exception it is all of one tend,
the frequency of the visits, coming out of the
bedroom at 10 o'clock on rainy night,
the door being closed behind him, going into
that bedroom in the morning at halt-past six,
instantly alter the hoy had gone, shutting the
door behind him. she in bed as shown after
wards; in the house upon two occasions
found by Miss Douglass the house fastened
up and they in there together, and the still more
| nraUpopt f.p proypd by this boy that after