The Portland daily press., 1879-05-23
until get strong again Be good little girl and

This closed the testimony for the govern
ment.
OPENING FOR THE DEFENSE.
Mr. Blethen then opened the case on the
part of the defense. After commenting upon
the importance of the case, the responsibilities
resting upon the counsel, the jury and all con-
cerned in the trial, the intelligence of the tri-
bunal, and the courtesy the prosecuting officer
had shown in the conduct of the case, he pro-
ceeded to state the law of the case as claimed
on the part of the defense which did not differ
materially from that as claimed by the prose-
cution.
He said the defense would show that the
witness Margaret Smith was unworthy of be-
lief; that they will so contradict Annie Small
upon several important points in her testimony
as to lead the jury to inquire whether it is
safe to rely upon any material part of her
testimony.
DR.. Whitman, he said, was born in Illinois;
when two years of age he came to New CLIQUE
ester. He received his medical education at
the Maine Medical School and Dartmouth Col
lege. He went into practice in WATERFORD
and from there to Cape Elizabeth, where he
has been in practice for two years. He has
been town physician two years and member
of the school board. Up to the time of this af-
fair no breath of suspicion against his char
acter as a moral and chaste man has ever been
made, but you see him today at the age of "a
arraigned upon charge of murder. His IA
Their is a resident of New Gloucester and his
wife is native of Scarboro. They have been
married about four years and have little girl
three years of age.
So far we have not consulted the Doctor as
to whether the letters which have been intro
duced are his or not. If there were any such
letters written by him there can be no excuse
for them. A married man who will under any
circumstances go astray from the duty and af-
lection of his family is reprehensible in the
extreme. What he may say about the letters
uhnn no takes une stand do not know. If
there was any criminal intercourse between
him and Annie Small it is the crime of adultery,
but not murder If there was an abortion
produced he can be tried for that offence, but
not upon this Indictment.
The doctor will testify that this girl was at
Mrs. Smiths i'll; that he was called and found
her in labor; that thirty or forty minutes after
his arrival the child was born, but born dead:
there was no movement of muscle to indi-
cate life; it was five months, or perhaps a
six months fetus as the government claims;
Mrs. Smith came in after the child was born;
the child was in full sight and not under the
bed; there was no remark like co. DOCTOR
that was wicked" The doctor wrapped the
fptus up in cloth, put some papers around it,
put it in his overcoat pocket and took it away.
In a few days after DR.. Witham was taken
sick and unable to further attend ON the case,
and DIR. True was called The next notice DR..
Whitman had of the matter was a demand upon
him from Mrs Grant for money. The first
demand was 800, then, after consultation with
other parties it was increased to $500; still lat
er demand for $500 was made, and then
falling off to 5000.
Now, what became of the fotus? We shall
show you By the production IN court of the
tetos itself, that the testimony of Margaret
Smith that there was wound upon the neck
under the ear is wholly false, and ask you to
say that her testimony is unworthy of credit.
The fetus is now in the hands of DR.. Green,
and its identity will be established beyond a
doubt.
Mr.. Blethen's opening occupied nearly an
hour. The defence then called twenty wit
nesses who were sworn.
DEFENDANTS REPUTATION.
Thomas B. Haskell, Aaron w. Aver, Albert
thompson, Joshua Brackett, John A. Milliken,
Wesley Sawyer, Stephen Schammon, Albert
E. Thurrel Daniel Plummer, Albert Stephen
son, Dr. Nathaniel Shannon, Fred P. Dyer,
David Plummer, End, Rev. E. A. Harlow.
John d.: Sawyer and John Watson, all of
Knightyille, Cape Elizabeth and vicinity
testified that prior to this affair the general
reputation of DIR. Whitman for morality and
chastity was good.
TESTIMONY OF JOHN F. LANGMAID.
The next witness called was John F. Lang
maid, policeman, who testified that after the
session of the Grand Jury Mrs. Margaret
Smith gave him an account of this affair and
said among other things that after DIR.
Whitman brought Annie Small to her she dis
covered there was trouble with her and Dr..
Whitman took her away; that af erwards she,
Mrs Smith, out OF pity for the girl took her
back and that the doctor promised to pay her
1915.
TESTIMONY OF ELLIOT F. CLARK.
Elliot f. Clark was next called and testified
that Margaret Smith used to occupy house
of his on Grove street. He was asked what
the occass On was of her leaving which was OBJ
iected to and excluded. The counsel for
defense Tered to prove that it was on account
VI ohO Oooiy COuuuCU VI MIS-. O11llun.
The cor4l refused to admit it.
testimony OF LYDIA A. WEBSTER.
The ext witness was Mrs. Lydia A. Web
ster, 10 testified that she resided in Knight
vile near Mrs. Littlefelds where Annie
Small worked. Saw Fred Blake go there
mum II Of evenings; saw James Turner go
there. One time in September just at dusk,
when Mrs. Littlefeld was away saw man 90
there, ring the bell, and Annie came to the
door. The man said he had letter for her
and asked if the folks were all gone. She said
yes They went out to the gate and stood fif-
teen minutes, and then went down the street
towards the ship yard. 1 followed them
short distance; saw them go into the ship yard
1 watched until they came back-about half
an hour; he left her at the gate. stepped out
and got good view of the man. He was tall
and had smooth face, no whiskers or NOUS
tache; it was not DR.. Witham.
On eross-examination by Mrs. Haskell she
said: watched because 1 heard DR.. Witham
was going there to see Annie, and as he was
attending my child didn't want him if that
was SO. l didn't believe the story at the time
and don't now. He always used me like a
gentleman. 1 don't believe he ever wrote
these letters that have been put in here and
you can't make me believe it.
At this point the court adjourned until half