Daily Kennebec journal., 1906-04-19

At 80 o'clock Mr.. Heath stated thai
the deiehce was all in. save for offer.
Ing the exhibits for record.
a recess of Is minutes was taken al
this point
AZ O'Clock Mr.. Heath announced
that he was all through and the gov
erhmcnt began rebuttal. Miss Marion
carey was recalled to the stand
County Attorney Leigh said that he
proposed to show through this witness
tht state of mind of Charles Northy
prior to his death.
Mr.. Heath objected on the grounds
that such evidence would not rebut ev.
idence given in testimony BY witnesses
for the defence.
tn" court suggested that the jury bt
retired. Mr.. Heath argued his conten-
ton and tn" county attorney answered
E"inre the court made q ruling upon
the point III argument. Miss Carey gave
the substance of her conversation with
Northy. the last one of which was held
on Sunday evening. oct s. Witness
said that on that occasion she asked
young Northy not to go to the Coop
er home any more and he said that he
would not, except on the following
Tuesday, when he would go if witness
did not object.
Mr.. Heath offered strong objections
against the admission of this testimony
on the grounds that it rebutted none
Of the evidence given in direct tcsti-
mony. The court ruled that a part OF
the testimony of Miss Carey might be
admitted.
Before tn" Jury was returned. the
rest Of tn" exhibits for the defence
Wcrn recorded
| The jury was returned and Miss Ca
| rcy testified that on the Sunday before
Northy died she had a conversation
with him at her home after the church
service and she told Northy that he
must chose between herself and Mrs
Alic" Cooper. and that she did not
want MIN 10 go to the Cooper mouse
any longer.
Witness said that NOrthy told heI
th2t he would not go any longer, bu;
that he would so on Tuesday as he mad
said he would. but he would not gt
any more. Witness said that Northy
appeared to he AS cheerful as usual.
witness was excused.
The next witness called in rebutta
was NJ i. Partridge, who said that he
had known Charles Northy. Jr., since
he was an infant. Witness saw young
Nortny on the day that he was shot
| al that he appeared to be Jolly and
| was feeling as well as usual. ht
thought.
While this witness was on the stand
| two letters written ate last fall by
Charles Northy to Marion Carey were
read. These letters appeared to be
| cheerful in tone and one of them men
toned Il call made by the writer upon
Mrs. CoOpcr.
Mr.. Partridge said that he last saw
Charlie Northy at about $3.50 O'Clock
| on the afternoon of oct. 10 last, the
| DAY Of the shooting.
The witness was excused at 4 O'Clock
| there being no CroSS-eXaminatio tioi,.
| The third witness called in rebutta
was Frank 3. Partridge. Mr.. Heath oh,
| icctcd on the grounds that he had not
been notified that the witness had beer
| summoned, but later this objection was
Withdrawn as the county attorney as
sured Mr.. Heath that the testimony OF
| the witness would only cover the same
ground gone over by the proceeding
| witness. The witness was on the stanf
but three minutes and Mr.. Heath did
not cross examine.
| The fourth witness called iii rebut-
| tai was George Hanley of Whitefleld, q
| near neighbor Of the Northy family
| Witness said that he knew young
| Charles Northy for seven years. Wit
| ness last saw the young man on tht
| Thursday before his death. Witness
| said that Northy appeared to be as
| cheerful as usual. The witness was no
| cross examined by the defence.
| Charles Achorn of CoOper's Mills
| previously examined. was recalled il
| rebuttal aud testified that young
| Nnrthy was as cheerful as usual dur
| ing the last few weeks of his life. NJ
| Cross-eXami!Iatio ton.
| James II. Doyle. previously exam
| ined, was recalled in rebuttal and cor
| roborated the testimony Of the pre-
| ceding witnesses. No Cross-examina-
| ton.
| Charles p. Northy. the father of Mrs