Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-04-14
SUPERIOR COURT.
The April. 1899 Term, Hon. 0. G. Hall
Presiding

GEO. w. lIEsELToN, County Attorney.
w :. CHoATE, Clerk.
A. Il. MCFApDEN. Sheriff.
i. A. SMALL, Stenographer.
Augusta. April Il.
The case of State vs.. Witham was
resumed. this morning, and the govern
ment concluded its ease at II o'clock.
The government introduced certain
letters written by the prisoner. since
she has been in Jail. to one James Bal
die who had been living at the Witham
house for about three weeks at the
time Of the alleged assault. In one of
the letters she says: Il told Rollins
"a deputy sheriff. | hit him, and did,
ana ] intended 10 hit him: but | didn't
hit him with any knife or AK. or any
thing of the kind"
Baldic is a witness for the govern
ment and testified that he was in the
shed ana started To go into the kitchen
and met Leighton coming out with
the blood flowing from a wound; that
when he got into the kitchen the pris-
oner had something in her hand, but
he could not say what it was; he
thought stove litter: that she was
the only person then in the room
l-t!@ t...|4 .+'-lIitt IIietb i' 'i'I'4 80 t'''
Witham house after receiving his
wound and leaving.
Deputy Sheriff Rollins testified that
at the time of the arrest of the defen-
dent the next day after the cutting,
he asked her what trouble she had been
having with Alec. Leighton. and she
said: Damn him, ] was cleaning out
the house and ne was the last one To
go out" He asked her whether she
struck him with a knife or an ak and
she said: Il didn't strike him with the
AK but hit him all right"
The defence was opened at II o'clock.
ana the first witness was John n. Har
tung of Augusta. who testified that he
called at the Witham house on the af
ternoon Of the 10Th of March to sell
meat ana saw there several soldiers.
and also Leighton. who had
wound on his head from which
the blood was flowing. and that Cora
Witham was trying to staunch the flow
with clothes: that he was there some
i minutes and that Leighton left
about the same time ~ did.
Geo. +. Coachman. an inmate of the
Soldiers Home, testified that ne was a
frequenter of the Witham house. and
took dinner there on the 20th of March:
that he was present when the wound
was received by Leighton between
and . o'clock in the afternoon. Mrs.
Witham had kitchen knife, and was
apparently cutting some meat or some
thing a the table. After she got
through she fouriShed the knife
around. and soldier there whom she
called Billy" but whom he did not
know. told her that was not the way to
use n knife in Self-defence. and he
would show her about it. Billy took
the knife and says: II will show You
the way You want to use the knife if
you want to use il in self-defence.' He
commenced to flourish the knife. and
Leighton. who was standing there, in
toxicated. gave a little lurch. ana the
man with the knife not seeing him in
time. tapped him on the head with the
knife. AS soon as MIS-. Witham saw
what had been done she got towels and
tried To stop the blood. Leighton was
out and in the house a dozen times af-
TER that. Witness had made Efforts to
find the man who was called Billy
but had failed.
The prisoner ala not 60 upon the
stand. The testimony was closed at I
o'clock.
The county attorney said there was
considerable testimony showing more
or less intoXication. ana as this would
have bearing upon the intent with
which the blow was struck. he would
moi pros the charge Of an intent 4"
murder, leaving ii only an intent TO
kill. This eliminates from the indict-
ment the charge Of malice afore-
thought.
Mr. Sheldon concluded his argument
for the defence at 5.20 and court adj
journed until morning.