The Portland daily press., 1879-05-23
THE WITHAM CASE.
A SENSATION IN THE COURT ROOM.
Proceedings Of the Third Day.

The third day of the trial of DR.. Whitman for
murder was marked by cooler weather and
consequent improvement in the temperature
of the crowded court room. A genuine sensa-
ton was created when, after the government
had got in all its evidence, Mr.. Blethen, in the
opening for the defence, said he should pro-
duce in court the alleged murdered infants
body.
| TESTIMONY OF EXPERTS.
The government called for the first witnesses
William E. Gould, cashier of the First Ma
tional bank, William K Neal attorney at law.
A. X. Paul, formerly chief clerk in the U. S.
Pension agency in this city, Levi A. Gray of
the Commercial College, and Augustus L.
Smith, Deputy U. S. Marshal, all experts in
the comparison of handwriting. They were
shown two signatures, and three lines of writ
ing, proved to be the handwriting of DIR.
Witham, also the three letters marked A, B,
and G, which Annie Small testified that she
received through the mail while she was down
east last winter, They all testified that, in
| their opinion, the letters and the specimens
first shown them were written by the same
hand. Letter "B'' is apparently a disguised
hand, but shows the same characteristics as
the others. Mr.. Gould said that letter "A' he
| did not feel so confident about as he did the
the Others but on the whole it was his opinion
| it was the same hand that wrote it. The ex-
perts also testified that the letter marked "D'',
| which we have already published was written
| by the same hand, as also the letter from
| New Gloucester, dated in the woods ten miles
from any house.
| TESTIMONY OF LUCY E. GRANT.
Lucy E. Grant of Machiasport was the next
witness. She said Annie Small came to live
| with her six years ago; that she came back
| from Cape Elizabeth to her house i'll Decem-
Der and stopped week and then went to
| Machias; stayed there until two weeks before
| she came back to Portland in March and those
| two weeks she stopped with witness She
said saw letter from DR.. Witham to Annie.
| 1 was not positive that Annie was in the con-
| dition she was. 1 suspected it but she told me
she was not, and offered evidences that made
| me think she was not. L examined her
| clothrs but she was wearing tho otrne dresses
| she always wore, and they were not let out
| She insisted on coming back to Portland and I
| advised her not to come. told her if she was
III trouble she had better stay at home She
was determined to go and she did. 1 came up
| here in April to find Annie. found her at
Mrs. Skillings'. did not know of the killing
| of the child. / heard she had child. 1 went
over to see DR.. Whitman. He asked me into
| his house and saw him alone 1 asked him
| if he knew Annie Small; he said yes; I asked
him if he ever heard her speak of Mrs. Grant;
he said yes; asked him if he didn think this
was dreadful sad thing; he made no reply;
asked him if he didn't think he had ruined the
| girl; he nodded his head; asked him if he in
tended to run away with the girl; he bowed
| and said ''yes'm'' very low 1 said do you
| love her? He said yes, very low, and nodded.
l asked him what could be done about the
affair and he made no reply He afterwards
| asked me what it could be settled for. and
told him didn't know and would come and
| see him again. / went over again the next
| Fridaysand saw him. | told him Annie
couldn't get her clothes and Mrs Smith was
making trouble about her pay. I asked him
| if he would do something for the girl to pay
| her board for month or two until she got
better He asked me what thought it could
be settled for. He said that Mrs Smith
charged him $3.50, and they owed him $75. 1
told him thought he could settle it for 5000 or
| something like that 1 told him would see
| him again next Tuesday and he had better
meet Annie at some place. He agreed to meet
| her at Mrs. Skillings'. L didn't go there the
| next Tuesday for the meantime 1 heard about
this trouble that she had a living child and it
was killed and 1 thought l couldn't do any
more about it.
On cross-examination by Mr.. Blethen she
said Annie never kept company with any
| young men at home.
TESTIMONY OF MRS. JUDITH SARGENT.
Mrs. Judith Sargent was the next witness.
She stayed at F. o. J. Smiths on Spring street
three weeks last April. She was there when
DIR. Witham attended Annie S. Small, having
gone there to attend an old man by the name
of Sargent. She slept with Annie Small every
night till she was confined. Annie was taking
medicines during that time. Annie was about
the house the day she was confined. The wit
ness saw man call, who they said was DR..
Whitman. She was asked il the prisoner was
the man she saw, and she said she thought so.
She said she noticed that when she let him in
he never seemed able or willing to look her
square in the eyes. At this DIR. Whitman
blushed considerably. "There,'' said the wit
ness, "that red face looks natural too.'' The
witness identified the ergot bottle.
TESTIMONY OF HERBERT R. SARGENT.
Herbert r. Sargent of Portland was next
called. He went with Maroarat Smith tn ca11
on DIR. Witham. This was five to seven days
after he had been told that Annie Small had
been confined. He had seen DR.. Witham
when he called to see Annie Small. The fa-
Their of the witness had been sick at Mrs.
Smiths. AT another time he and Mrs. Smith
called to see DR.. Whitman. DR.. Witham was
found sick. Mrs Smith told the doctor that
| she wanted some money from him for Annie
| Small. Mrs. Smith said she had put out as
| much money on Annie as her husband was
willing she should, and that Annie needed
| nurse. DR.. Whitman said Mrs. Smith, you
know that have got to pay the bills for An
| ME. am sick and can't hold my head up.
have no money, but as soon as 1 can get out,
tomorrow or in day or two, viii bring you
some."
The witness was cross-examined by Mr..
Blethen, but nothing further of interest was
| learned.
ANNIE sMALLL RECALLED.
| Annie Small was recalled and identified an
envelope as the one on the last letter she got.
| Government paper "3'' was Unidentified as a
| paper givento her by Dr. Whitman when the
| witness was at Mrs. Littlefelds. The en-
| velope belonged to government letter &C."
! She did not respond to the appointment made
| by DR.. Witham in government letter 49,"
Mrs. Littlefeld was absent and it was not con-
venient for her to go out While down east,
the witness was perfectly well except her
trouble. She said that she took no drugs up
to the time of going to Mrs. Smiths.
She was cross examined by Mr.. Blethen. At
the time she came from Machiasport she was
not in correspondence with any young man.
She did while at Captain Bryant's get letter
| from young lady, containing her brothers
picture. She did not tell Mrs. Bryant that the
letter was from young gentleman. Mr..
Haskell offered govesnment paper ''3'' in
evidence. This was objected to by MIR. Strout,
but was admitted and read: 1t is without
| signature and reads as follows,
Darling Annie-Please meet me down by the
Shore where we were Saturday night, at a quarter
past eight tonight.
AT this point the court adjourned until after
| noon.
AT the coming in of the court in the after
noon Auretta Bell was called as a witness.
AURETTA BELLS TESTIMONY
She testified to having seen, last November,
Annie Small get into carriage with DR..
Witham on the Ocean House road near the
ice house between and o'clock in the even
ing and drive away; she saw them return about
nall past eight O'Clock and Annie got out OF
the carriage at the same place.
The County Attorney then offered in evil
dence the letters marked GA. "B" and &C."
testified to by the experts as being in the same
handwriting as the specimens of DR.. Williams
writing. The counsel for the defence objected
on the same grounds as they did to the other
letters. The Court admitted them.
The first letter which seems to indicate that
an elopement was meditated is as follows
KNIGHTvILLE, Thursday evening, Feb. 10.
My Dearest Annie-I have not received an answer
to my last letter yet but that makes difference,
and as am keeping house all alone tonight, and
thus have a fine chance, l going to write my
little darling just as good letter as possibly can
How wish my little sweety mere with me to-
night Would not it be just heavenly. Oh darling,
may the time soon come when cruel separation
will be over, and we meet and remain together
never more to be separated would like to go and
see you very, very much, but dare lest it set
sharp eyes on the watch, which might spoil our
further arrangements.
| think along the first of next month, if every
thing which have planned works well, we will fix
things as to enjoy the future you may be ready
to start almost any time after this month. will
give you notice early enough you will have plenty
I nh Tho batf yonld ba for Won tn