The Portland daily press., 1879-05-24
THE WITHAM CASE.
TESTIMONY FOR DEFENSE CLOSED.
Proceedings Of the Fourth Day.

Whitman trial, if such thing was possible.
When DR.. Whitman was on the stand he was
cool and collected and followed the instructions
OF his counsel in every respect
DIR. Charles Fl. Whitman was called not for
general examination but to complete the chain
OF evidence in regard to the foetus. He testi-
lied that he attended Annie Small, and that he
carried away the fntus and finally deposited
it in the vault of his house and that he had
never put another there.
William Witham defendants father. testi
fed to finding the fetus wrapped in cloth and
paper, and carrying it to David Plummers,
about three miles out on the Saco road He
searched for it at the direction of Mr.. Blethen.
The fotus was placed in alcohol. He did not
tell anyone except Mr.. Plummer about finding
1t, but didn't have any particular motive in
keeping it secret
David Plummer testified to delivering the
fptus to DR.. Green.
DIR. W. w. Green was the next witness The
fgtus was brou ght to him by Mr. Plummer in
the presence of Mr.. Strout and Mr.. Blethen.
The witness was asked to produce the foe tus,
but MIR. Haskell objected on the ground that it
was not sufficiently identified as the fetus of
Annie Small. The Court ruled that there had
been sufhc1ent evidence for the question to go
to the jury.
DIR. Greene produced the fetus which had
decomposed very little; no cut was found UNI
der the ear at all. The witness found cut
under the chin about half an inch in len 9Th
and half an inch from the ear After the
fetus had been in alcohol he could not tell
whether the cut had been made before OF after
death. In his opinion it was fntus of the
gestatory age of six months. In the presence
OF DIR. Ring he made a careful examinati on
and found no wound in the neck that could
have produced death. The wounds on the
body might have been made after death in
the manner described by Mr.. Witham and Mr.
Plummer, as made by them in removing the
cloth. He was cross-examined by Mr.. Haskell
and further examined as a medical expert
He said that life begins at the moment of con-
ception. In the case of an adult about the last
sign of life is gasping for breath. Between the
time of conception and the permanent cessa-
ton OF circulation and respiration there is no
time when you would be justified in saying that
the individual is not alive. Life may be, and
often is, actually present when consciousness is
abolished or in allegiance. 1t is true that fire.
quently after one can detect no pulse or beat
ing of the heart and no movements whatever
OF respiration, a person may be restored to Wig
orous and long continued life-as in cases of
supposed drowning Children are often born
displaying no apparent pulse or heartbeat, and
no respiratory movement, who afterwards, as
the result of effort display activity of respira-
alton and circulation and grow up.
After a recess of five minutes the evidence
for the defence was resumed.
Dr. Charles Ring corroborated the testimony
of DR.. Greene.
DIR. Shannon corroborated all that previous
medical witnesses had said.
Mr.. Dyer was recalled. He was at Justice
Perry's office the day of DR.. Williams arrest,
and heard conversation between Mrs. Grant
and Dr. Witham; they asked witness whether
ne thought house in Knightville was worth
ed no.
On cross examination he said DIR. Witham
told him to say to Annie Small that if this
prosecution went any further she would be in
the same boat with him.
On redirect examination he said he told DR..
Whitman the prosecution was for adultery and
abortion.
Mrs. Ellen II. Hill was called She said that
Annie Small told her that Mrs. Smith need not
say that she did not know that she was to be
sick when she went to her house; that the ar
rangement was all made for an abortion when
she and Dr. Whitman called at her house.
Mrs. Annie Goodsell was called and asked
questions for the purpose of showing that other
abortions had been committed at Margaret
Smith house, the testimony was offered to
contradict Mrs. Smith; The court ruled that
those were collateral matters drawn out by the
defendants counsel on cross examination and
therefore this testimony was inadmissable.
This ruling disposed of quite a large number
OF witnesses who had been summoned upon
this point. When told by the attorney for the
defendant that they would not be needed some
OF them heaved a sigh of relief and their
faces looked as if they had received hand
some legacy.
AT this point court adjourned until half-past
two o'clock.
Upon reassembling Wesley Sawyer,a teacher
at the Cape, was recalled. He said that last
Saturday he went to Margaret Smiths house
and had conversation with her about procur-
ing an abortion. During the conversation Mrs
Smith remarked that she had case and got
trapped.
On cross-examination he said he suggested
this idea to Mr.. Blethen and was sent there by
him.
The next witness called was the defendant.
DIR. Charles III. Whitman stated: I was born
IN illinois; have lived the greater part of my
life in New Gloucester, where my father now
lives received my education at the schools
there. My medical education I received at the
Maine Medical School and at Dartmouth Col
lege. / am "a years old. On the morning of
the 10th of last April 1 was called upon to
attend Annie Small at the house of Margaret
Smith. A man, whose name l do not know
called me. found Annie Small in labor She
was delivered of a f9tus in about Is or 20
minutes after got there. 1t was born dead
1t was pale color. examined the umbiical
cord and placed my ear over the heart to see if
there was any pulsation. 1 looked closely to
see If there was any movement of the chest
or any movement whatever of the foetus.
then instituted artificial respiration by
alternately expanding and contracting the
chest also by blowing in the mouth. kept
that up should say twenty-five minutes. I
did not sever the cord. placed the foetus
and afterbirth where it was in plain sight
Margaret Smith came in in about fifteen
minutes and asked her for a cloth which
she got. 1 rolled up the fetus and afterbirth
III the cloth and put some papers around it. 1
had no cutting instrument in my hand. NV
pocket case was not taken out of my satchel
There was no scar of any kind on the fetus to
indicate any violence on its person. In my
opinion the fetus was between five and six
months of age. After 1 rolled it up in news
papers put it in my overcoat pocket and took
it home and disposed of it as [ have before
testified. Soon after 1 was taken sick, and L
was sick week. While there Mrs Smith did
not make the remark 80! doctor, that's
wicked''
The bag produced here by Mr.. Plumm er is
the bag placed the f9tus in. l identify it by
the letters ''W. W. on it, my fathers initials
had no knowledge that the fetus was to be
searched for until it was found 1 didn't
know but it was in the hands of the govern
ment.
The counsel for defendant stated this was
all he proposed to ask the doctor and turned
him over for cross examination.
He was a, askedif he wrote the letter marked
GA" This question was objected to bv Mr.
Strout. He said the letters have been in
troduced to show improper intimacy
between the defendant and Annie Small. If
it tends to establish that fact then it furnishes
evidence to convict him of adultery. crime
chapter 90 of the laws of 1879 provides that
the defendant in criminal prosecution who
testifes in his own behalf shall not be COM
PEELED to testify on cross examination to facts
that would convict, or furnish evidence to con-
Wet him of any other crime than that for
which he is on trial.
The county attorney contended that the
statute does not intend to excuse the respond
dent after he has taken the stand as witness
in his own behalf from testifying to all facts
material and pertinent to the crime with which
he is charged, even if such facts would be an
element in another crime for which he might
be tried. The Court overruled the objection
and admitted the question. The question was
again put to the witness He said that with
all due respect to the court, by the advice of
his counsel he declined to answer the question
The Court said he had no power to compel him
to answer; that all he could do would be to
commit the witness for contempt, and that
would necessarily interrupt and postpone the
the trial; that if the respondent refused to an
swer he did so at his peril.
The respondent was then asked whether he
wrote the letters 'B'' and &C. and he declined
to answer.
He said he is a married man; was married in
July, 1875, to Esther Libby of Scarboro. That
he first Knew Annie Small in July last He
was asked if he had had sexual intercourse
with her and he declined to answer. He also
declined to answer the question whether he
took her to Margaret Smiths house for the
purpose of destroying the child.
In; Inns closed the testimony for the defense.