Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-05
SUPREME COURT

while under the influence of intoxi-
eating liquor, q case in which he
appealed to Supreme court, retracted
hs plea of not guilty and pied guilty.
He was placed in officers care for
sentence.
The first trial of the Criminal
docket was held Monday morning
and was the case of State VS.. Ar
thur Foster of Fairfield charged
with single sale of two bottles of in
toxicating liquor to Norman Brack,
of Skowhegan at Fairfield on May
rs, 1926. The State was represented
by county attorney Harold E. Weeks
of Fairfield. The respondent was
not represented. The case was tried
before a drawn jury made up of
Carl B. ingalls,, Madison. foreman;
Evelyn Ella Ansoh; Charles F.
Cooley, Harmony; o. A. Abbey.
Skowhegan; Louise Nelson, Canaan:
Harland Wilkins, st. Adams; NJ. ].
Myers Flagstaff; Joseph Matson,
Scion; d. b. Davis. Pittsfield; Les
lie +. Rogers. Norridgewock; Hunter
Thomson, Madison; Fred Pierce,
Jackman.
The case was opened by County
Attorney Weeks who stated that a
party of Skowhegan people motored
to Fairfield and inquired for a place
where they could purchase ntoxicat-
ing LIQUOR and were directed to Ar
thur Foster and that Norman Brack
purchased two bottles of intoXicants
and that money was paid to Arthur
Foster for the same. The States
witnesses were Norman Brack and
father Edward Brack. The respon-
dent his own behalf took the stand
and stated that he didn't sell the
liquor but that he knew Edward
Brack when they were both serving
sentences in the county Jail: that
both were intoxicated when they
asked for the liquor. and that he told
them he knew where they could get
It and was present when they pur-
chased it of his brother, Eddie Fos-
ter, who is now in Connecticut. Mr..
roster admitted that he had served
two sentences, one for illegal trans
portation Of liquor and the other for
Illegal possession but still claimed
mat he did not make this sale Brief
argument was made by County At
torney. Judge Pattangall gave the
jurors instruction in criminal cases
as 1t was the first criminal case for
their consideration. Judge Pattan-
gall stated that the case would be
decided upon evidence of Norman
Brack and was based on one ques-
ti0n. whether not Arthur Foster
either produced the liquor or take
INC. money for the same. if so he was
guilty Of the charge. Jury retired at
1l.35 and returned a verdict of guilty
at 1920.
Richard Hughes of Skowhegan.
who. when arraigned on charge OF,
breaking, entering and larceny at the
store house of Peter Debe in Skow-
hogan, retracted his plea OF not
guilty on the larceny charged and
pleaded guilty. The breaking and
entering charges were mol pressed.
Mylie Henderson of Skowhegan
retracted his plea of not guilty to
charge of illegal manufacture of in
toxicating liquor and pleaded guilty
Monday
Thomas Boulette of Skowhegan,
respondent, who had appealed a case
charging him with single sale, stated
that he would not plead guilty when
arraigned.
The case of state VS.. Chester
Sheaf of Norridgewock. who is
charged with adultery with ms.
Sara Colby Withee of Norridgewock
on the evening of July 10th at the
home of Mrs. Withee and her daugh-
ter and her father. Mr.. Charles Col
by, opened late Monday noon. The
county attorney Harold L. Weeks
represented the State and Mr. Sheaff
is being represented by former
county attorney James II. Thorne
The case is being heard before
drawn jury made up of David c. Hol-
way, Madison. foreman; e. B. Row
ell, Skowhegan; H. A. Fle,rher. Pal
myra; Harland wilkins, st. Adams;
Edison Clark, Fairfield; Eugene
Swain, Skowhegan; Ernest p. Will
son, Dennistown; Fred Pierce, jack
man; O. A. Abbey. SkowheEan: Les
lie Brooks, Pittsfieh; Hunter Thorn
son, Madison.
The case was opened by county
attorney who stated that Mr. ad Mrs
Withee were married about fifteen
years ago and that Mr.. Withee. who
had seen signs of affection between
Mr.. Sheaff and his wife within the
past fw years, was watching them
during last summer ana added that
he in company with Ralph Weston
of this town went twice to the home
of Mrs. Withee in Norridgewock and
in company with Ernest Emerson
and that on the--night of July 10l
Mr.. Withee and Mr.. Weston claim
that they saw Mrs. Withee and Mr.
ShEaH IN act of adultery.
The witnesses for the State were
Mr.. Withee, Ralph Weston and Depu-
ty Sheriff True Ellis. The first wit
ness was Percy Withee He stated
that they were married Sept. 4, 1909,
and that they were each II years of
age when they were married. Mr..
Withee in his testimony and cross
examination told the story much as
OF in hn ~ Of
ing. He said that after seeing them
commit the act he came to SSowhe-
gan and notified Sheriff Healy and the
arrest was made. and both Sheaff and
Mrs. Withcc placed in Jail. Mrs.
Withee was taken out on bail the fol-
lowing day and a hearing not held I'M
til Tuesday. Mr.. Withee on Monday
entered a suit against Mr.. Sheaff in
the sum of $4,000, charging him with
alternating his wife's affections, and a
libel suit against Mrs Withee.
Mr.. Thorne in examination
presented as an exhibit a written
agreement signed by Mr.. Withee with
his wife, which Mr.. Withee admitted
he signed, and testimony was entered
in cross-examination to the effect that
Mr.. Withee had not been true to his
wife before Mr. Sheaff became known
to them, and that Mr.. Withee had not
for some time supported his family.
Attorney Frank l.. Ames of Nor
ridgewock, assisted by his son, Basil
Ames, who represents Mrs. Withee in
a case for trial of State VS.. Mrs.
Withee charging adultery with Mr..
Sheaff, were in the bar and cooperating
with Mr.. Thorne in the present case.
Ralph Weston of Skowhegan was
the second witness. He testified that
he had known Percy Withee for eight
Nears He stated thaE he 1rnnt to the