Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-10-13


and called for him continually. She
had since died. and her last request was
that she should not be buried nor
should any services be held over her,
until her son came. Mr.. Barker read
a letter from Judge Peabody, who SEN
fenced Withee saving that had Il mo-
ton for a new trial been made on the
ground of the mothers illness and con-
dition. he would have gladly continued
the case. But the prisoners counsel
had neglected to do this.
Mrs. Dinsmore. the sister of the pris-
oner. was called to the stand. She
stated that her brothers health had
been poor all his life, and that for the
past five years he had scarcely been
able to work at all. He. had gone into
this business, because it seemed to be
the only one his strength would permit,
but did not intend to follow it perma-
nently. He had lived with her for Is
years, and had been associated with
her husband in business. He had once
gone West for his health and intended
to go again, soon. He was never Il
drinking man. The mother had been
bed-ridden fer four years, and William
had been her main support, calling to
see her, every day. When asked to tell
the Governor and Council about her
mothers actions after William was
taken away, she said that the mother
called constantly for him. and she had
to promise every day that he would
come Oh the morrow. One day, she
thought he had come. and put up her
hand, which the other brother took:
but then she saw it was not he. She
died a week ago, with IA last request
that no funeral be held and that she be
kept from burial until he came.
Mrs. rinSmore stated that it was al
her request that DR.. Hanson was called
to see her brother, as she thought it
she knew that he intended to so away
at once i'll hope or recovering his health.
When asked if she knew what business
her brother was engaged in, while liv
ing with her she said she did and had
often tried to dissuade him from pursu-
ing it. but it seemed the only thing he
could do. Her brother Had never been
prosecuted before. to her knowledge.
Mr.. Barker then made his closing
plea. He stated that there had been a
prior Indictment against Withee for
ruf"Nseli~~, but tiat II donurro" had
been filed, after the so-calicd Bangor
Jan. It ;Ie February .H::.l Ct court.
Nithee had kept on selling until July
l. under the impression commonly held
that the campaign was not to begin I'M
ill after that date. The result was that
he. with five others, We're caught.
While 1914 went scot free.
pf
asked which was preferable. to let these
six who appeared to be all sick. go, or
take the others in. Mr.. Barker replied
that he was in favor of putting them all
in. but that the Penobscot authorities
appeared to think it best to take only
the sick ones. He thought his client
deserved some consideration, and he
came asking. not for justice. but for
clemency. Justice had already been
melted out. He averred that his client
was not Il persistent law breaker. He
was a man of a respectable family and
of good personal repute. The test-
mony of DR.. Hanson had given the facts
about his health and it was well known
that he had been about to quit the bus
mess. Mr.. Barker was not there to ar
que the law. but it did seem hard that
six men should be punished, out Of 200
like offenders. some of whom were still
selling. after their indictment, and
others still selling who had never been
indicted at all. 1t looked to him as if
the county attorney had figured that
six men could work out the total SEN
tence for the 200 and it would be the
best way out of it. Mr.. Barker thought
there was ground for clemenCy and was
assured that the offence would never
be repeated. For the rest. he was will
ing to leave all to the judgment of the
Governor and Council The case was
laid on the table for the executive ses-
sion. i.
The case Of Charles Fl. Reid, rum
seller, of Bangor. was the last one to
be taken up, the Moore case being left
on the table. Charles H. Reid, Jr., APP
peared in the double capacity of at
torney for his client ard son, plead
ing for his father. The elder Reid had
been indicted at the February term of
maintaining liquor nuisance on Cen
trail street. and in common with a
number of others. had filed demurrer,
with the intention of adopting the
Bangor plan" He had continued to
sell liquor until July 1st; but on June
30. had made a bill of sale of his pro-
perty. On August G, a writ of search
and seizure was served on him, and