Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-06

his room and asked Mr.. Colby where
the folks were and Mr.. Colby said
they were at the pictures. He said
as Mr.. Woodsum, former neighbor
anr friend Of the family was occupy
ing Mrs. Withee and HazePs room.
he did know where Mrs. Withee and
Hazel would sleep nowhere Mrs. WI
thee would want him to sleep so he
laid down on the lounge in the kitchen
to await their return. eThat when
they came Mrs. Withee and he shook
hands and Mrs. Withee asked him
how he got there. He said the light
was on all the while they weresin the
room, and that Miss Withee went up
stairs first and then Mrs. Withee in
about five minutes later, that after
Mrs. Withee got up stairs he turned
out the light and went up stairs to
bed and soon went to sleep and the
first he knew was some one rapping
on the door and he dressed and went
down stairs, and opened the door and
there found Sheriff Healy, deputy
sheriff True Ellis and Attorney w.
Folsom Merrill, and he and Mrs. Wi
thee were arrested and taken to
Skowhegan.
Charles Colby, father Of Mrs. Wi
thee, testified in denial of the al
legged act. Mrs. Sarah Withee, told Of
her physical condition at the time the
act was alleged to have taken place
and denied the act. Her daughter
Miss Hazel Withee was called and
questioned concerning the time that
they returned from the pictures! Mrs.
Sarah Clark and Mrs. Lydia Longley
both testified to Mrs. Withee's physi-
cal condition on July 10th. Mr.
Woodsum of Rockland formerly Of
Norridgewock, who was at the Wi
thee home. that night also testified
for the defendant. He said that he
knew Mr. Withee's reputation for
telling the truth was bad.
James w. Tracy, A. W. Stanley, Al
bert Blaisdell and Frank Lancaster
all of Norridgewock testified to long
acquaintance with Percy Withee, said
that they knew his reputation as to
telling the truth and that 1t was bad.
Charles Van Sicklin of Skowhegan
was called to testify as to Ralph
Westons reputation as to truth and
he said he never knew Mr.. Weston 10
lie to injure anyone, but that his
stories didn't always hang together.
County Attorney questioned Mr.. Sick
lin in regard to Mr.. Weston's truth
fulness and he repeated what he had
said in direct testimony. County
Attorney Weeks called Harry Tibbles.
Sysester Moore, neighbors of Mr..
Weston and Mr.. A. *. Rowell of town
to testify in regard to Mr.. Weston's
truthfulness. All three said his repu-
tation was good, but In cross eXamin-
alton admitted they were giving only
their own opinion. This completed
the evidence on both sides. Mr..
Thorne in his argument, stated that
the defense had buried all the testi-
mony of the state because according
to statement of Mrs Clark and Mrs.
Withee and Miss Hazel Withee that
they did not get home until IL
o'clock and Withee and Weston said
the alleged act was committed be-
fore IL o'clock and urged the jurors
to consider earnestly the reputation
OF the two men who claimed to have
witnessed the act. Mr.. Thorne men
toned that Mr. Tibbles was first
called by the defense and that he
told him at noon that he was going to
say that his reputation was good.
Following Mr.. Thorne's argument
for the defense. County Attorney
Weeks argued for the State and
Judge Pattangall charged the jury,
which retired at 40 and after be-
ing out 30 minutes returned a ver-
diet of not guilty. Mr.. Sheaff was
discharged and upon motion of
County Attorney Weeks the case
Oh