The Portland daily press., 1874-01-29
Superior Court.


town, and for an hour previous to the going in of
the court every to the court room was crowd
ed by men and women anxious to learn the facts
The corridors of City Building and the stairways
leading to the rooms above packed with curious
people. As soon as ever the doors were opened the
crowd rushed in and filed every inch of standing
ROOM Shortly after the defendant, Catherine Waller
alias Carrie M. Kent, alias Carrie NJ Waite. was
Drought into court. She plainly dressed in a
DUO frock, with red and white plaid shawl twist
cd ABOUT her shoulders, and black velvet hat with
dropping feather on her head. She wore eyeglasses
"a custom which she has recently adopted) and ap-
peared very composed though deadly pale. After
casting rapid, sweeping glance about the
court room, she took her seat within the bar The
woman has dark hair and faded blue eyes, and
pleasant face though the expression upon it is that
OF some hunted animal. With her were her husband
Edward f. Waite, and her father -in-aw.
The jury was impannelled with but little delay
o. B. Dixie, foreman; Charles johnson S. R. Milf
ken, Charles Buffers, Silas Scribner, Hiram Leach,
William w. Field, George Dolly, r. E. Hamilton, :.
d. Sylvester, Hiram Totman and Thomas j. Gree
ley. Stephen G. Munsey, who was drawn was ex-
cused on account of partial deafness. Mr.. johnson
had formed an opinion from hearsay, but as he had
not formed any opinion concerning the truth of the
the panel. The jury is composed mainly of middle
aged men. .-.... .-s --s..
Attic suggestion of the County Attorney the pris-
oner was required to sit outside of the bar, in
view of the jury. Her counsel objected, unless the
witnesses for the government were first removed
from the court room alleging that it improper to
place her in conspicuous position where she could
be pointed out to children who would be- required to
testify as to her identity The County Attorney con-
tended that testimony to her identity could not be
given without seeing her and that she might as well
be seen first as last,
The Indictment charges that Catharine Waller.
alias Carrie NJ. Kent, alias Carrie NJ Waite on the
18th of May, 1862, married John Waller at Pictou,
Nova Scotia and the oath of April 1878, while her
husband, Waller, still living, no divorce having
been granted to either party, and no separation of
seven years having occurred, she was married in
Portland to Edward F. Waite feloriously knowingly
and unawfully committing the crime of polygamy.
County Attorney Libby then opened the case for the
government. He expected to prove that the maiden
name of the defendant was Catharine Mckenzie;
that in May 1862 when not than fifteen years of
age, she was married at Pictou to John Waller, a
young farmer, in moderate circumstances and of
simple nature that they lived together for seven
years, and during that time two children were born
w siNAAs VIM "ciO ohOh ploScub LII cOurJ-tWO DOyS
eleven and seven years old. IN 1869 Mrs. Waller
came to the States for the purpose ofgong out to
vice and earning money to furnish her house better
against this plan John Waller demonstrated. but
finally yielded; coming to Portland she took rst the
name of Kate Waller, sometimes calling herself
Kste Wallace; after time she went to Boston, but
subsequently returned and then took the name of
Carrie M. Kent, and refused to recognize people who
had known her and addressed her as Kate Waller,
or Wallace but talked of her COUSIN Kate Wallace,
who, she said died in Portland; of her origin and
early history she gave different accounts at different
times. Sometimes she had left her home in Nova
Scotia, because her mother wanted her to marry
Frenchman; sometimes she was an orphan, born in
England and had come to Truro in Nova Scotia, with
her uncle and orphan brother sometimes her faith
er was large manufacturer in Truro and after his
death her uncle had robbed her of her inheritance
during all this time, from 1869 till July, 1873 she
continued to correspond with John Waller, telling
him where she was and what she was doing In
July 1873 less than three months after her marriage
with Waite she ostensiby went visit her uncle in
Truro, passing through Trulo to Pictou, where she
remained four or five days, sleeping with Waller as
his wife, and SEEM known and recognized by her for
mer acquaintance there; after her return,
reached John Waller that she had married again and
subsequent enquiry led to this trial.
The first witness called by the government, was
John Waller, who is man As years of age, large in
stature, black hair and full set of bushy black
whiskers.
He testified that he was married to that wom-
an.ponting to the responcenD in 1862, at Caribou.
Nova Scotia. Her name was then Catherine Nc
Kenzie, There were nine children. She was not
the youngest As far as could learn, she was 16
years and months old. We were married at my
fathers house by Rev. Mr.. Hurdman, Presbyte-
rian minister at that place.. am farmer. We
then went to live in my home. My first child was
born February 16th 1868. TIE boy was born lit
18th of November, 1862 She took it into her head
that she would come to the States and earn some
money. objected to it. She said she should be
gone year year and half at the fartherest a
had then bought some land and farming utensils,
and was short of money, and we hadn't all the fur
nishing that we required. Although objected she
finally went She came to Portland, and she wrote
to me from time to time. The nextI saw of her was
the 4th Of july 1873, about shutdown she came home
She stad until the 9th of july when carried her to
Pictou, and she came back. While there, we beth
slept together as man and wife. l had an old lady
there keeping house for me, and the other members
of the family were the two children. My sister,
Mrs. Holden, who lives in Boston, visiting me
at the time. My wife told me she was trimming a
sewing machine here-at work for a Mr.. Lord, an
upholsterer. Sne said she wanted me to come to
Portland to live.
The County Attorney then asked the witness to 90
close to the respondent and be that he made
mistake as to the identity Mr.. Waller walked up
to her and after looking her full in the face, said
10Th of May, and none other.'' Mrs. Waite never
changed color but shrugged her shoulders and
smiled
The witness then proceeded-I received letters
from her during the time she was here. When she
first came here wrote to her by the name of Cath
crime Wallace. She told me before she came away
that she did lot want people to know she was mar
ried because they would not be so ready to give her
employment.
[rhe witness was here shown bottle of medicine,
handkerchief and three Photographic My wife
brought that to my home las. summer. She left it
there. The handkerchief she gave to the old WON
who was keeping house for me. 1t has ''Carrie NJ.
Kent on the corner. These photographs are of my
two children and of my wife, which she gave my
sister while down there. had previously sent her
at her request picture of the two children and she
had these photographs copied from them.
1.-THE witness here identified some twenty-five or
thirty letters being in his wifes hand writing and
received by him, which will be offered in evidence
subseque ltly
Cross Eramined.-The first part of the cross-ex-
animation related mainly to the early history of the
witness.
Prior to my marriage 1 had no regular house-keep-
er and after was married had very poor one.
She got me to borrow tthe money for her to come
away with. didn't want her to. come but some
times man is under the control of twoman. She
afterwards sent it back to NE. Our first child was
born about nine months after our marriage and the
boy was born year and some months after the girl.
Before my wife went gway she was apparently very
fond of her children. L always supposed my wife
was virtuous woman but found out to the con-
trary after she came back last summer. My wife
has no peculiar marks on her limbs or body that
know Of that conld identify her by but that woman
(pointing to respondent) there is my wife and she
knows it, When she came back last summer re-
ceived her as my wife and glad to see her
When she came in was at tea, rose to receive her
but j got no greeting but her hand. She then pas
sed to the little boy and made lamentations and then
to the little girl; then she came rward to me.
did not altogether like her aGtions She could not
look me in the face for she knew what she had done
She treated me pretty cool. did not consider 1t
wife and husband meeting. She did not treat the
with her two trunks, one larger than the other
While here in Portland size had sent home money
now and then sometimes two dollars and sometimes
as high as five. sent her the pictures of the chill
dren about two years after she came away. first
got my information of my wite's situation from
Thomas Kennedy. l got his name from a Miss
White that was visiting in Caribou and wrote to
him. Shortly after that got my brother-in-law Mr..
Holden to call and see Mr.. Waite.
Witness then testified to his coming here and
what TRANSFERRED which has been already published
Jennie w. Holden, called by State. / am the sis
ter of John Waller. L am the wife of John N. Ho-
den, and reside in Boston. L formerly resided in
Pictou N. S, | saw Catherine Mckenzie. She was
then young girl. | not acquainted with her.
saw her next the 4th of July, last summer, was
at my brother-in laws, Mr., West. in Pictou. She
walked in from che city with my mother. was in
trodneed to her because was much acquainted
with her. She rode out with us to her home. ! saw
her installed my brother, John Wallis. wife. She
was introduced to me as his wife, / saw her every
day while she was there. l saw her sewing on a
dress that she bought for the little girl When She
went into the honse she greeted him coldy She