The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-05-21
THE WITHAM CASE.
TRIAL OF DIR. WITHAM FOR MURDER.
Proceedings of the First. Day.

w answer. Nineteen OF Ine remainder were
called by the clerk but seven were challenged
and withdrew Of these Elias S. Crockett and
Joshua w. Sawyer were challenged by the
government. and c. P. Babcock, Adam S
Skillings, Joseph A. Hussey, Bryan E. Mac
donald, and William f. Cook by the defendent
The jury as empannelled is as follows:
n P. Roberts, foreman; James L. Martin
A. Y. Cole, Thomas Scammon, Richard I'll
Parker, Albert Fogg, Andrew j. Cash, George
w. Knight, Asa l.. Drown, James M. Ross
Cephas Wilson, Charles L. Robinson.
County Attorney Haskell then opened the
case for the government occupying three-quar
tiers of an hour. He detailed the substance of
the evidence to be introduced on the part OF
the government. He read the law in relation
to abortion, which provides that if person by
means OF any instrument or drug destroys a
child before birth, unless it is necessary to pre-
serve the mothers life, and the child is born
dead, it is felony under the laws of Maine. Il
the child is born alive, but by reason of the
drugs administered to the mother, OR by reason
of the instruments used upon her person il
dies, it is murder.
The government called thirteen witnesses.
eminent witnesses, with the exception of the
experts, were excluded from the court room
while the testimony was in progress.
TESTIMONY OF ANNIE SMALL.
The first witness called for the government
was Annie Susan Small, who testified substan-
TALLY as follows:
L am Is years old; my home is in Machias.
port; L have no father or mother; / resided
with Talbot family until 1 was IL years old,
and then went to live with Mrs Grant who
ls'a second cousin of mine. 1 first came up
here the oath of last June; went to work fol
Mrs. Samuel Bryant in Knightville, Cape
Elizabeth; had known her husband slightly
in Machiasport. Mrs. Bryant lived up stairs
and Dr. Whitman and his family consisting OF
himself, wife and one child, about two years
old, lived down stairs. Captain Bryant's fami-
ly consisted of himself, wife and three children,
remained at Mrs. Bryant's nine weeks and
then went to work at Mrs. Littlefeld's in
Knightville, short distance from Mrs Bry-
ants. remained there until the 4th or 9TH OF
December, when went back to Machiasport
to Mrs Grants and staid a week or so. then
went to MachiaS and remained with Mrs.
Preble 10 weeks believe; then back to Mrs
Grants in Machiasport and staid two weeks.
| then came back here about the 9th or 2Sth OF
March last.
first got acquainted with DIR. Witham at
Mrs. Bryant's While there 1 used to go to
ride with DR.. Witham; we used to go in the
evening: he used to drive up the road and
wait for me and when we returned L would
get out OF the carriage before we arrived home.
L used to get home about nine O'Clock.
The witness was then asked whether while
at Mrs. Bryant's DR.. Whitman had criminal
intimacy with her. To this the counsel for
the respondent objected, claiming that the re-
spondent is not on trial for adultery and that
If proved it would have no bearing OF tenden-
cy to prove the crime with which he is here
charged.
The County Attorney claimed that if he
could show that the respondent was the father
of the child it would be admissible as showing
a motive for the commission of the crime
charged
The court admitted the question and the
witness replied that he did and that it was re-
peated several times. 1 first thought was in
trouble about six or seven weeks after L went
home, but [ couldn't think it was so. didn't
disclose my trouble to any one before coming
here. Mrs. Grant thought something was the
matter with me and she called DR.. Hunter.
During the time was at Machiasport and
Machlas DR.. Whitman wrote me number of
letters. replied to them and addressed them
to Portland at his request A part of his
letters l burned and others 1 kept. Witness
Identifies three letters as received by her
through the mails, purporting to be from the
respondent L have also another letter in
| was here and passed it to me himself.
Witness produced the letter.
The County Attorney stated that he had
notified the counsel for the respondent to pro-
duce the letters of Annie Small to the respon-
dent. Mr.. Blethen admitted the notice but
said there were no such letters.
The witness continued: / came up here
because L thought / was in trouble and must
come and see him.
AT this point the court adjourned until
afternoon.
AT three o'clock the direct examination of
Annie Susan Small was continued.
When / came back from Machiasport went
to Mrs. Skillings at the foot ofBrackett street.
On Friday l went over to a friends in Knight
vile, Mrs. Williams, and she went for DR..
Witham. He came and / saw him alone in
the parlor. | told him L was in trouble and
he must save me from it if he could without
any danger to me. He said he could and that
he knew of two places he thought he could
get, and he would go next day and see He
came with me on my way back to Mrs. Skill
Ings' as far as the Brackett street bridge.
While standing there talking about this thing
noticed that he had pistol in his hand. 1
asked him what he had it for and he said to
protect himself. 1t sort of frightened me and
| told him that l was afraid he wanted to shoot
me and that if he didn't want me to drop to
put it away. He said before he would be ar
rested or taken he would shoot himself 1
begged of him not to shoot himself and he
said he wouldn't for my sake, and he put the
pistol away and we parted and 1 went to Mrs.
SkillimgS'. The next morning he told me that
he had got this place at Mrs. Smiths; that
she was real nice nurse and she would take
care of me until got out of my trouble; he
said he would come at half-past seven in the
evening for me. He came and went to Mrs.
Margaret Smiths ON Spring street with me.
DR.. Whitman and Mrs Smith went into the
a fpyU npntc md
and said we would go up stairs and look at the
room. She said her accommodations were not
very good Mrs Smith, the doctor and l went
up stairs and looked at the room and then Mrs.
Smith went down stairs and left the doctor and
me alone The doctor said he wouldn't give
me anything that night, but would come the
next day. He didn't come until Monday
morning. l was then helping Mrs Smith
wash. The doctor and / went up stairs alone.
He gave me some pills and told me to take two
at night and one in the morning. He had
some instruments with him and wanted to OPP
crate on me, but felt afraid and wouldn't let
him. He came the next day and operated on
me. Witness describes the instruments used.
He came most every day after that and operat-
ed on me; he did so the day before l was taken
sick. He gave me bottle of liquid [bottle
containing spoonful of dark liquid produced
and identified by the witness and told me to
take half tea-spoonful day. / took the pills
and liquid
The witness then testified to the details of
her sickness and the birth of the child and that
DR.. Witham when he left her after the birth
carried something away in a bundle
After the birth of the child the doctor came
night and morning for two or three days and
then he didn't come any more. was sick and
alone, no one to help me, and Mrs. Smith
called DR.. True. L never had any criminal
intimacy with any other man than Dr. With
am in my life.
This closed the direct examination The
witness was then subjected to searching cross
examination by A. j. Blethen, ESQ.,, as to her
relations with other young men at the Cane.
when and where she had seen them, and also
as to the times and places she had met Dr.
Witham, but no new facts were elected. She
said that she knew Fred Blake; went to an en-
tertainment with him one evening; two even
ings he came to see her at Mrs. Littlefield's
and she asked him in saw him in the sitting
room; he never came to see her after eight OF
nine O'Clock; knew he liked her but she cared
nothing for him.
She further testified that she with Mrs
Grant saw DR.. Whitman in Trial Justice Perry's
office on the day of the doctors arrest and that
Mrs. Grant told the doctor if he would pay two
hundred dollars it would settle the matter; that
the doctor said he would, but he hadn't got five
dollars.