The Portland daily press., 1874-02-02
Superior Court.

JANUARY CRIMINAL TERM, 1874. sYMoNDs. j., PRE-
SIDING.
SATURDAY-State W.. Catherine Waller alias Car
RE NJ. Waite
The court came in at 9 O'Clock Alter some de-
lay the counsel for the defence made his appearance
and called John p Smith.
Mr.. Smith is the same witness who was called by
the government yeste day to examine Mrs. Waite's
hair. Mr. Smith testified that he had made par
ticular examination of the respondents hair this
morning and in his opinion it is not dyed it is of the
color close to the roots at the ends; might
have ueen of the same color Carrie Walters when
defen liant a child, but ot within ten Years.
On cross examination by the County Alto ney,
witness said he invited to look at respondents
hair by Mr.. Waite; knew of no preparation that
would color the hair perfectly without discoera-
ton to the scalp; should call the prisoners hair
medium brown; it looks shade darker on account
Of being oiled; most people woGld call tho hair a
dark brown, and at a distance, it might be called
black.
Mr.. verrill here announced that he had no further
testimony to put in, except letter for which he had
sent
The County Attorney offered rebutting testimony
concerning the color of the prisoners hair. Carrie
Waller was put upon the stand, after having her
hair Oiled and the Witness Smith, was asked to
part hef VIII w diUV ., ouJcCtioh uciuS
made on the ground that defence had been set up
account of the color of the respondents hair the
testimony was excluded.
Mrs. Holden was recalled, and asked whether the
respondents hair was of the color formerly
but the testimony ruled out, as the witness had
already testified to the prisoners identity.
This closed the testimony, except that the letter
mentioned by Verrill had not yet been produced 1t
was agreed that the letter. if found should be admit
ted at any time.
Mr. verrilI then began his argument for the de-
fence He claimed that the government had failed to
produce the legal proof of the marriage Of John Wall
er and Catherine Mckenzie in 1862 and had failed to
establish beyond reasonable doubt the indemnity of
Carrie NJ Waite the respondent, with the woman
said to be John Walters wife.
In criminal prosecution where the marriage is
the very substance of the offence, it must be shown
that the parties were legally competent to marry,
that they were married by person legally authOriz-
ed to perform the rite, and if the marriage al
legged to have taken place in a foreign country, then
the laws under which the contract was executed
must be proved by documentary evidence properly
authenticated or by the oral testimony of persons
officially or professionally familiar with the laws OF
the country in question.
Coming next to the question of identity Mr.. Ver-
riIl said, it appears in evidence that there a
Catherine Mckenzie who went through with some
sort of ceremony supposed to be a marriage with
John Waller in 1862 and afterwards lived with him
for some years. She came to Portland in November,
1869, and lived here under the name Of Kate Wal
lace untir November, 1870, when she disappeared
In November of March, 1871, Carrie NJ Kent appear
ed n Portland anil lived here until she was married
to Edward F. Waite last spring. 1t is the preposter-
GUS theory of tue government that Kate Wallace
formed the plan Of ming back to Portland, where
she was well KNOWN without any disguise or change
of clothing even, and assuming different character
after an interval of only three four mouths. And
it is assumed that this respondent is not only capa-
BILE OF writing rec different and well distinguished
hands, but Of acting perfectly three different charac-
tiers in community where she was perfectly known
and Carrie M. Kent, without ouce making slip or a
mistake II she could do that, she would be the
The true stor. of Garry Kent appears to be that
she was born in England, near London; she was a
sister Their mother died at their birth or soon Of
ter Their father shortly followed her to the tomb.
Carrie and Robby were lut by thei father-at their
aunt Ruth Blake When Carrie was fifteen Robby
died and she came to Truro in Nova Scotia with her
uncle and lived there some years ana then came am %
fenlant affected to tears). 1t Will be seen That
all the letters but one were written from Irn m
That one states that Kate Wallace came IRON riS
tou. Slme people say she was born on the higf
seas This is not st ange when you consluer sh
came over the high seqs All witnesses agree as L
her statements abont herself Chat is, Carrie X MT
statementS AMI there is no conclusive evidence
Carrie Kent ever gave any other statement about
herself than that last narrated, therefore govern
ment fails to establish identity between Mrs
Waite and Kate Wallace. Remember the presump-
ton OF innocence is E her favor.
THE COUNTY ATTORNEYS ARGUMENT.
After a recess Of ten minutes Mr. Iibhv comn,enc.
ed his closing argument for the government
This Indictment, said he, charges the resnondant
with wfuly and maliciJ usly committing The cr;,ne
o polygami by marrying e lward f. Waile- sh.
HAVING then lawful husband alive TO whom sne was
married in 1862 The government in supp Irt of hi
charge. has offered you the evidence OF her forme,
husband-of her chidren-of her relatives and q
many citizens Of this city and vicinity by which he
career has been traced from the time when she frs
made the acquaintance of John Waller, up tc til
moment when this trial commenced.
The county attorney passing over Tor the time tn
question of proof OF marriage proceeded to conside
the question Of identity.
There is the testimony of the man who married th
girl when she was still young-wha had lived wit
her IN the most intimate relations that can exist O
cart that Of man and wife-up to November, 1s6
who saw his wifi in lily last, AMI who sees he fl
the second time since ia this court room when tn
trial commenced.
There Is the evidence of the two chidren-the ev
dence OF her brother-in law who knew this respor
dent when she was young and attended schoo-wf
was present at her marriage and saw her almost da