Fosterville Murder Part 3
The Fosterville Murders 
Part 3
Williams Stared at Ceiling

    The evidence given this morning by the father of the murdered girls, occupying three hours and which will be resumed under cross-examination this afternoon, showed that Williams had changed his name from Thornton to Williams to keep his wife from knowing where he was. He had borrowed $5 to go to St. John, unknown to Mrs. Foster, his half-sister, to enlist and during his period of service had assigned $5 of his pay monthly to Cynthia, then four years of age and whom he called his pet.

    A photograph of Cynthia taken by the accused while on leave together with the dog which he had given her, was submitted in evidence by the Crown. He had always been an intimate member of the family where the children called him "Uncle Harry" but to neighbors he was reserved and taciturn.

    Throughout the morning proceedings Williams gazed at the ceiling of the court-room shifting his gaze to the interior of the prisoner's dock from time to time but invariably returned his glance to the ceiling. He showed no interest in the evidence but dropped his gaze when mention was made of the horrible circumstances of the murder and while the father regained his composure as he went on to tell of the discovery of the two bodies.

WARD B. FOSTER

Father of Victims on the Witness Stand All Morning in Circuit Court

    Ward B. Foster, of Fosterville, father of the murdered girls, was the first witness called to the stand when the court opened this morning. He gave the names and ages of the two murdered girls in addition to that of Hilda, who would shortly be sixteen years of age. He had known the prisoner for sixteen years, meeting him when he came to his house as Darius Thornton with his wife, first. He believed the prisoner had been born before the marriage of his mother, Ada Thornton. In 1914 the prisoner returned to his residence as Harry D. Williams.

    The witness then referred to a letter which had been received by the witness' wife from the prisoner. This letter he had read, but it had since disappeared. In it the prisoner gave as a reason for changing his name that he did not wish his wife to know where he was.

    Mr. Foster stated that Necia was by 9 days old when Williams came to his place the second time and he had remained until he enlisted in the Canadian Expeditionary Forces. Following three years of service he was discharged and returned to Fosterville in 1919, residing with the witness until 1922 when he assisted Williams in the construction of his cabin. There Williams resided except when he was away working or at the home of the witness. He only worked two or three months out of the year buying some supplies and provisions and obtaining the rest from the witness' family.

    William came to his home every day and the children went to his camp frequently, about 20 rods distant. Cynthia did most of his cooking for him. In November last Williams was living at his camp alone.On November 24th he saw the prisoner in his own home between 7:30 and 8:30 p.m., following his return from doing some carpentry work. Cynthia had appealed to him (the witness) as to whether or not she and Necia could take part in a school concert in Williams' presence. He told her they could, but they could not practice away from home at nights unless he himself could bring them home. He had said this in Williams' presence to let him know that he was quite capable of looking after his own family.

    Williams had asked Cynthia and the girls to come down the following day and do some cooking for him. Cynthia said she would not at first but as Williams left he begged her "to be a good girl and come down."

    The following evening he was a little later than usual returning home. The girls, Cynthia and Necia, were not at home. He never remembered them having been out later than 7 o'clock before. At 10 o'clock he started out for the camp which he found in darkness and became alarmed.

Evident Signs of Emotion

    Then with traces of evident emotion the witness continued, after regaining control of himself, to describe how he found the bodies of the two girls. He spoke to each in turn and found them stiff in death.

    Williams, who had been gazing steadily at the ceiling during the father's testimony, dropped his eyes momentarily at this juncture.

    Mr. Foster, continuing, said the camp was cold and that there was no trace of supper having been prepared as Williams had promised to have ready for them.

    Asked by the Court as to when Williams had said he would have supper ready, Mr. Foster said he had told him personally on the night of November 24th.

    He did not notice the pool of blood under Necia's head until he had moved the body slightly when he had taken hold of the feet and found her dead. She had been lying partially under the bed. Cynthia, on the bed, had her face covered with a cloth, arms tied similar to Necia. Cynthia's legs, however, had not been fastened. He had just touched her and called her by name. He had not moved the body. He then described the furnishings of the camp, practically all of home manufacture.

    The bed clothes were "ruffled up considerably." This was not in accord with its usual neatly made condition. Williams had a rifle which he had used on occasions. He identified the rifle produced in court as that belong to Williams. He did not notice whether this was missing from the camp at the time or not.

    The father also referred to the dog which Williams had given to Cynthia as a pup. The dog on occasions had interfered with anyone bothering the children. Witness produced a photograph of the dog and Cynthia taken some eight years ago. This was submitted in evidence as Exhibit No. 2, the rifle having been marked Exhibit No. 1.

    He found the dog the morning after the tragedy in his barn. He then continued to describe the dress of the two children. Cynthia had a green plus coat with a fur collar and a plaid dress. Necia had a khaki suit and a green sweater. Neither had hats. Cynthia wore glasses, but he did not see them, her face had been covered by the cloth.

    Mr. Foster had re-visited the camp after everything had been cleaned up and had seen a can partially filled with fine sand there. There had been no special signs of disorder when he visited the camp and he had changed nothing.

CROSS EXAMINATION

Williams on Intimate Terms With Family Had Always Shown 

Taciturn Disposition to Neighbors and Avoided Them

    Cross-examined by Mr. Peters, Mr. Foster said he wife and Williams had been born of the same mother, that Williams was an illegitimate son having been born before his mother was married to Nason, and that this accounted for the use of the name Darius Thornton. Williams had not long been married, as far as the witness knew, when he first met him. He estimated his present age as 41 years.

    In 1914 when Williams came back to Fosterville without his wife, witness addressed him as "Williams", knowing he that he had changed his name. He had been accepted by the name of Harry D. Williams and worked with him getting out pulpwood.

    The accused had always brought presents to Cynthia, whom he said was his pet, as well as to the other members of the family on his return to Fosterville. He was not mean or niggardly in this respect and at Christmas and such times gave presents to all, but particularly to Cynthia who was at that time about four years old.

    Once in a while, witness said, Williams gave him some assistance about the farm. He didn't volunteer his services much in connection with the crops however. Asked if Williams showed signs of laziness, Mr. Foster replied: "Well, I don't know how you'd put it, he didn't work much." He had always been good to the family, however, he added.

    Williams had been considered a member of the family and children called him Uncle Harry. Always quiet, peaceable and mannerly to the family and had never exhibited any trace of anger. He had been "very strict with the neighbors." By his manner he had shown that he did not wish to associate with them and when neighbors visited the home he held aloof and did not participate in conversation. He had always evinced the desire to keep within himself with the exception of the Foster family, both before and after having been overseas. He had always talked freely with members of the family. "He didn't care to associate with any of the neighbors and didn't want any of them around."

    Williams had been working for A.I. Fox when he left suddenly without notice and when next heard from was in St. John when he wrote to say he had enlisted. He had borrowed $5 to go to St. John and told no one of his intention. Witness did not consider this peculiar, as he knew that if Mrs. Foster knew of his intention she would have endeavored to prevent him going. Williams had been regarded as an honorable man for enlisting. He had assigned $5 a month of his army pay to Cynthia, then 4 years old, and the check came to the witness. Williams had said that she might as well have it as for him to drink it up.

    Mr. Peters interjected to say that many men overseas had just reason for taking a drink in view of what they had gone through.

    Williams was discharged from the army in Fredericton. He had shown his discharge papers to his family but he himself did not remember having inspected it. His discharge had been an honorable discharge indicating that he was a man who had done his duty. Witness thought Williams went direct to Fosterville from Fredericton after obtaining his discharge. He had been heartily welcomed by the family, the girls getting on his knee and clustering around him. He was regarded somewhat as a hero. He had brought presents to all the family.

    On other occasions he had brought the girls necessary articles of clothing such as coats, hats and shoes on different occasions. These had been accepted from him as a member of the family. He had given Mrs. Foster a silver wrist watch which Williams said he didn't want. It was one which he had bought while a soldier and had been valued at $25 or $30.

    Williams obtained the land for his cabin under the Labor Act. He was required to clear 10 acres and to erect a house before obtaining the grant. He had not obtained the grant, although he had made application for it. The location of the camp was rather a desirable one.

    No change had been noted to the accused following his return from the war by Mr. Foster. Once in a while he would tell of narrow escapes and one occasion of having seen a gun crew blown up while he had been the only member of the crew to escape. He had not talked much of his experiences except on occasions. He appeared to be the same as usual following his return, taciturn away from his family.

    Mr. Foster said he had not attached any importance to Williams' demeanor in the home as compared with his aloofness from the neighbors. It was not unusual for Mrs. Foster to assist her half-brother in his housekeeping arrangements as the girls had. Cynthia had never gone to his camp alone. Cynthia, on previous occasions, had said she wouldn't go to Williams' camp when asked to do so, and there was nothing unusual in her refusal on on the night of November 24th.

    Witness said he understood that Williams had said the children shouldn't take part in the school concert. He didn't think there was much harm in this but felt he should assert his rights with respect to his family.

    The dog Williams gave Cynthia grew to quite a size. He was a black and white dog and was not pugnacious or quarrelsome. The dog had lived with Williams the greater part of the time since his cabin had been built and was now about 9 years old.

    Questioned relating to William's wife, Mr. Foster aid she was a widow before she married Williams. Asked if she was good looking, Mr. Foster replied: "Well, we can't all see alike. 

    Witness was then asked if he had read statements made by Williams former wife after his arrest. He said he had not. He believed that she now resided at Houlton, Me.

The Government Alienist Examines Williams' Head

    Harry D. Williams, alias Darius Thornton, on trial in the York County Court for the double murder at Fosterville last November, has had his first examination by an alienist.

    Following the adjournment of court after the afternoon session yesterday shortly before 6 p.m., Williams was taken to Sheriff Hawthorn's office in the Court House and there was examined by Dr. J.V. Anglin, Provincial alienist and superintendent of the Provincial Hospital for Nervous Diseases, who was brought here from Fairville by the Attorney General's Department and was present in court throughout yesterday. All that could be learned about the examination ws that Dr. Anglin felt the top of Williams' head and asked him several questions.

    When anything in relation to the plea of insanity on behalf of Williams will be taken up at the trial is the subject for much speculation. Mr. Justice LeBlanc made it plain yesterday that at any stage of the trial there could be a trial by a jury as to whether the accused was sane and fit to stand trial for the crime with which he is charged.

The Daily Gleaner Friday, January 23, 1925

Williams' Admissions to Deputy Sheriff Ruled Out

Alleged Incriminating Statements on Automobile Ride From 

Canterbury Station to Fredericton Not Admitted 

Three Witnesses Evidence Completed 

Women Weep But Williams Is Apparently Unconcerned.

    "Nothing so horrible; he must have done it.'

    Thus did Ward B. Foster, father of the two dead girls, describe the ghastly night which met his eyes when he found the bodies of his two daughters in the shack of Harry D. Williams on the shore of North Lake, when pressed by F.H. Peters, counsel for the accused, their half-uncle, who is charged with their murders, to tell if he had ever heard or read of amore terrible crime and as to why he had concluded that Williams had killed the girls.

    The words were slowly and clearly spoken with evidence of repressed emotion. The father then said that if he were allowed, he would explain why he concluded that Williams was guilty, but Mr. Peters did not press him further and on two other occasions insisted that all he was required to do was answer the questions directed to him.

    An important point was won by the defence when the Court ruled out certain alleged incriminating statements made by the prisoner while in charge of Deputy Sheriff Fraser Saunders enroute to Fredericton from Canterbury by automobile after he had been arrested. After carefully examining the witness as to the condition of the accused at the time of the conversations, the mode of arrest and the nature of the warnings given to him by he officer, Mr. Justice LeBlanc said he would not at that time admit the evidence of the conversations.

Williams Unconcerned; Women Weep

    Throughout the afternoon's long proceedings which were concluded at 6:45 p.m., Williams still maintained his apparently unconcerned attitude, gazing at the ceiling of the court-room, unstirred by the crown of spectators who thronged about the dock. Only when the harrowing details of the conditions to which the two girls were found, with bullet wounds through their heads, their limbs cruelly bound and the elder girl gagged, did he break his calm, and then only was he observed to blink his eyes more rapidly as though the electric lights were bothering him. Twice he shifted his position slightly and he rested his eyes by transferring his gaze from the ceiling to the interior of the dock.

    Greater signs of emotion were to be observed in the attitude of the witnesses from North Lake, many of whom are women, in addition to audible sobs from various sections of the crowded court-room. With lowered gaze the father of the girls heard the horrible details recounted by the witnesses, straightening up from time to time to follow the proceedings with regained composure. Hilda, the eldest girl of the Foster family, who in all probability would have been the third victim had she not remained at home to care for the younger children after planning to accompany her sisters, was evidently wearied during the latter part of the afternoon fell into a drowsy state with her head pillowed on the shoulder of a woman companion. During the morning she had twisted a pink handkerchief about her fingers almost constantly.

    A little ripple of surprise ran over the crowd when it was discovered during the course of the evidence given by Deputy Sheriff Saunders that one of the members of the jury, George Camp, of Fredericton, had driven the car in which the accused was brought to Fredericton. He was named as one of those accompanying the Deputy Sheriff on the trip to Fredericton, and was identified when the Court asked if he was the George Camp on the jury.

    Three witnesses had completed their testimony and Arthur C. Wetmore, of North Lake, ex-Warden of York County, had commenced his direct examination when the Court adjourned last evening at 6:15 p.m., until this morning at 10 o'clock.

Ward B. Foster

Evidence of Father of Dead Girls on Thursday Afternoon

    Soon after the court opened yesterday afternoon Mr. Peters resumed his cross-examination of Ward B. Foster, father of the murdered girls after having once more expressed his regret at having found it necessary to go into the trying details and to harrow the father's feelings by referring in detail to the conditions which he found when he discovered the dead bodies of his daughters. It was a ghastly sight which met his gaze, said Mr. Foster. Asked if he had ever heard or read of anything so terrible, Mr. 

    Foster replied: "Nothing so horrible." He said that immediately he thought the prisoner had done it. If Mr. Peters would allow him he would explain, he said.

    Mr. Peters objected, however, to the voluntary statement.

    Williams had been to witness' home the night before, said Mr. Peters, kind and thoughtful, was it possible for him to imagine him as the fiend who had committed the crime?

    "He must have done it," simply replied the distressed father. "If you will let me give my thoughts I will tell you why."

    Mr. Peters— "Never mind, Mr. Foster. All you have to do is to answer my questions."

Williams at Church Once

    Continuing, Mr. Foster said his family attended church but that he only recalled one time on which Williams had attended church; he had gone to Sunday school three or four weeks prior to the crime. He had, however, gone to concerts and entertainments with the children for their protection and witness said he had no objections to his doing so.

    Thyrle Foster, he son, had chained up the dog in the Foster barn at noon the day of the murder, according to what his son had told him. He, himself, had seen the dog chained in the barn the following day. Williams had never been sulky, morose, or unwilling to assist him about the place.

    Mr. Foster then described, in reply to questions, the general layout of the camp, an the location with respect to surrounding territory. In answer to questions regarding the highways, Mr. Foster said there was a main trunk highway passing the vicinity of the camp leading from the international boundary to Canterbury. He was asked if there was much rum-running over this road. 

    "That's something I know nothing about," was Mr. Foster's reply.

    Mr. Hughes objected to further cross-examination in this direction, as leading nowhere.

    The Court observed there could not be much automobile traffic at that season of the year.

    Mr. Peters said he was through on that point.

    "I'm glad to hear it," remarked the Court.

    This concluded the cross-examination and Mr. Hughes commenced his re-examination.

The Re-Examination

    Williams' aloofness struck the witness as being an aversion to visitors about the place. He was always reading books and papers. A year ago last fall the witness remembered Williams having said he spent most of his earning for alcohol. When he assigned his pay to Cynthia, he said she might as well have it as to have it spent for drink. In the witness' estimation there was a great deal of possibility of it going that way otherwise.

    Asked as to what he meant by saying Williams had been severe with the Farrell boys, Mr. Foster said he had talked to the girls against them, that they were unfit to associate with, and so on. The ages of the boys were twenty, eighteen, and sixteen—near the ages of the girls themselves.

    On re-cross-examination by Mr. Peters, Mr. Foster said he did not examine the teapot or teakettle to see if they were empty until Friday morning. He had not looked at them Tuesday when he found his girls, and inferred from his finding on Friday that they were empty on Tuesday and that no supper had been served on Tuesday.

HILDA FOSTER

Hilda Foster, Sister of Dead Girls the Second Witness 

Called by the Crown — Dog Was Children's Protector

    Hilda Foster, sixteen year old sister of the murdered girls, was the second witness called by the crown. She recollected Williams' visit to their home on the night previous to the tragedy. She heard Williams ask Cynthia to sit on his knee and heard Cynthia's refusal.

    Cynthia and Necia returned from school at 4:20 p.m. She was not aware of Cynthia's intention to go to the camp. Both girls, Cynthia and Necia, had gone to the camp after having spoken with their mother. She described their dress. Cynthia wearing a green plaid coat with fur collar and a plaid skirt. Necia with a knicker suit of khaki and green sweater. By "knicker suit" she said she meant a loose suit with bloomers. The girls failed to return.

    Always when going to the camp the girls and she herself had returned before 7 o'clock. Cynthia used to go to do the cooking about once a week, cooking cake and bread and occasionally pies. Williams would cook biscuits for himself.

    Hilda also corroborated the evidence given by her father with respect to the attitude adopted by the dog as a protector of the children.

Cross-Examined

    On across-examination Hilda said she could remember her Uncle Henry (Sic) when he had gone to the war, when she was five or six years old. She remembered of letters having been received during his absence and of notes to Cynthia.

    She did not remember of her uncle bringing home any presents on his return from overseas. He had given her mother a watch, however, She did not remember of having received any gifts herself. He appeared to be more attentive to Cynthia as she recollected.

    Describing visits to Williams' camp, Hilda said that they often went there and sometimes a cousin, Peggy Wood, fourteen years of age accompanied them. She never heard of any of the boys of the neighborhood being ill-treated there. She always thought a lot of her uncle until the murder, and her sisters as little girls had often sat on his knee, although she, herself, did not remember of having done so. While her uncle had never given her any presents he had given her money. He had given her a dollar on July 12th last, as well as some of the others, for a picnic celebration. He had also taken them to a Halloween concert last fall as on many other occasions, when he had paid their admissions.

    If this had not occurred she would have been one of the first to resent any unkind remarks about her uncle.

    Mr. Peters referred again during the course of his cross-examination to the dog, whom the witness said was named Towser.

    The court remarked that the dog had already been examined even to his teeth.

    Mr. Peters replied that he would not have found it necessary to refer to his teeth if they had not been referred to in evidence.

    Towser had bitten the Fox boy while she was present. He hadn't bitten him on the arm, but the Fox boy hadn't been out for three or four days afterward. She then named a series of instances in which the dog had bitten other persons. The dog was provided with a kennel and chain at the Foster place.

The Re-Examination

    On re-examination Hilda said that it was customary to hold two school concerts each year at the closing of the school terms at Christmas and the Spring. For or five days before the death of her sisters Williams said they were not to take part in the school concert. She did not hear any of the conversation in this respect after her father had returned on the night of November 24th.

FRASER SAUNDERS

The Deputy Sheriff Tells of Taking Williams in Charge—

Exhibits Are Identified

    Deputy Sheriff Fraser Saunders, of Fredericton, was the third witness. He told of being summoned to Fosterville on November 26th where he found the prisoner, Williams, at Magistrate John L. Foster's house surrounded by a number of persons. He took him in charge and handcuffed him. Before putting the prisoner in the automobile he had warned him not to make any talk as anything he said might be used against him. He then asked Claude Peck, Enoch Peck and Edward London to come with him. He was also accompanied by George Camp (one of the jurors), his own boy and A.C. Wetmore. Mr. Camp was the driver of the car that had been hired.

    They then proceeded to Ward Foster's where he left the prisoner in charge of Enoch Peck and Claude Peck while he had gone to visit the scene of the tragedy. Before leaving the prisoner he had not given him any further warning.

    Witness said this was about 4:45 p.m., and he had viewed the bodies then in preparation for burial, a number of women being present. The older girl had a bullet wound entering the right cheek below the eye, and coming out at the back of the head. The smaller girl had a similar wound entering the left side of the head and making its exit diagonally from the back of the head.

    He returned to the car and continued on to Canterbury. Mr. London had questioned the prisoner enroute and he had cautioned him not to say anything which might be used against him at his trial. He did not have any further talk with the prisoner after leaving Canterbury and he believed that after passing Canterbury they had picked up Dr. L.W. Turner, the Coroner, and taken him to Meductic where the doctor resided.

Conversations Not Admitted

    Mr. Peters objected to the text of this conversation being admitted as evidence on the ground that the prisoner had not been properly warned and that anything the prisoner said could not be used against him. The prisoner had not been properly warned; he had been cautioned.

    In reply to the Court, the witness said the prisoner had made his statements after supper, when he said he was feeling better. He looked to be a man worn out and stupid with the cold. He did not appear to be afraid and appeared rational. The prisoner appeared also to have his senses. Witness did not tell the prisoner that he was a deputy sheriff or a law officer.

    The witness was closely questioned in this regard by the Court. Before leaving the prisoner to go to the camp he had told him not to talk to anyone. He did not hear anything offered in the way of inducement to "make a clean breast of the matter and he had not been threatened in the presence of the witness. He had asked him some questions about the murder.

    The Court then ruled that the prisoner's reply could not be admitted now as evidence as it had been given to a question asked by the officer. He would not admit it now.

    Resuming his evidence the Deputy Sheriff stated that he had received a rifle at John Foster's. He received it after the loads had been withdrawn. There were six shells in the rifle. These were identified and offered in evidence as Exhibit 3. Eight other cartridges which had been turned over to him were identified and marked Exhibit 4. A bottle of strychnine and a purse containing a key, were also produced and numbered as Exhibits 5 and 6.

    The various cords and ropes which had been found on the bodies were also produced and identified as those received from Dr. Turner. They were numbered as Exhibits 7, 8, 9, and 10. The sandbag found in Williams' camp was produced, identified and numbered, together with two empty shells, pieces of bullets and the prisoner's watch. All of the articles, with the exception of the sandbag, which had lost some of its sand, were in the same condition as that in which the witness had received them.

The Cross Examination

    On cross-examination the witness said he did not know if either Claude Peck or Enoch Peck were constables. They were with him when he obtained the prisoner. Williams had eaten a good supper at Canterbury where he had ordered his own meal. He appeared tired. The reached Fredericton about 9 o'clock that evening. Williams did not sleep in the car. Although it was quite dark when they passed Meductic he remarked that it "looked like good farming country."

    Asked if he were in a position to say whether the prisoner had slept during a portion of the trip or not, witness said he had lighted quite a number of cigarettes.

    Williams had shown no signs of nervousness in the face of so terrible a crime. He had made no talk and caused no trouble. To all intents and purposes Williams was unconcerned, as far as his own observation permitted it. He had made his own cigarettes.

    The prisoner had been searched at the police station following his arrival and some cigarette papers were the only articles found.

    Mr. Peters suggested that it would be fair to assume, that in view of the fact his personal effects had ... (unintelligible) ... by the officer, as if there had been "a man there to talk to.'

    "He didn't appear to be the brightest man in the world," replied the witness.

    On re-examination by Mr. Hughes the Deputy Sheriff affirmed that he had told the prisoner twice not to talk before setting out for Canterbury and Fredericton.

ARTHUR C. WETMORE

The Ex-Warden of York County 

Describes Condition of Girls' Bodies When Examined

    Ex-Warden Arthur C. Wetmore was called as the fourth witness. He said he had been Warden of York County during the past year and was a general merchant. He did business three-quarters of a mile from Ward Foster's residence and had seen the victims of the tragedy enroute home from school on the afternoon preceding the murders.

    He had gone to Williams' camp between 7 and 8 o'clock the following morning where he had seen the bound bodies, one on the floor and one on the bed. He described in detail the condition of the bodies and the condition of the interior of the camp. He had accompanied Dr. W.L. Turner, of Meductic, who made a medical examination of the bodies in the presence of some seven witnesses. No inquest had been held at that time.

    The witness described the examination and identified the various ropes and cords removed from the bodies by Dr. Turner. The little girl's arms had been bound so tightly that her wrists bore the marks of the cord when she was buried. The hands were black and purple. A portion of the skull had been carried away from the exit of the bullet wound and laid against the floor leading away from the child's head.

    Cynthia had her hands bound behind her as she lay on the bed. Her face was covered by a cloth. A strip from what the witness believed to be a seamless bag had been rolled into a gag and tied as tightly as possible into her mouth. The body was turned over revealing a bullet hole beneath the head, through pillow and mattress into the wall. A bullet had been found beneath some feathers and mattress stuffing in the hole in the wall. This bullet was produced and identified. Witness called it a "metal patch bullet."

    Coun. Wetmore was still on the stand when court adjourned at 4:10 p.m.

Williams' Ex-Wife And Another Woman Called

    Formal application to have Mr. Ada Thornton, of Houlton, Me., and Miss Ethel Howland, of Lewiston, Me., brought here as witnesses on behalf of Harry D. Williams, charged with double murder at Fosterville last November, was made in the York Circuit Court yesterday afternoon by Fred H. Peters, defence counsel, and Mr. Justice LeBlanc instructed the Crown Prosecutor, P.J. Hughes, K.C., to have telegrams sent requesting the two women to come here.

    Mrs. Thornton is Williams' divorced wife, having been married to him when he was known as Darius Thornton. She was for some time a cook at Clark.s Hotel, Houlton, and later is said to have worked at the Snell House in Houlton, where she lives with Williams' son. Miss Howland lives at 114 Sabattus Street, in Lewiston, and she is understood to have written letters to Williams since he has been in jail.

    This is the first move towards building up an insanity plea for Williams.

Williams' Wife Won't Come Here

Mrs. Ada Thornton Says That She Would be 

"Of No Avail"

TWO WITNESSES THIS MORNING

Today's Evidence in The Fosterville Double Murder Trial

    "Positively do not wish to come — be of no avail," reads a telegram which Mrs. Ada Thornton, of Houlton, Me., has sent here declining to come as a witness on behalf of her ex-husband, Harry D. Williams, on trial for the double murders at Fosterville last November.

    Mrs. Thornton had been wanted to testify as to "spells" which she said her former husband had been subject to in an interview she gave soon after his arrest in which she also told of his having "acted queerly." It is not definitely settled what further steps will be taken to have her come here.

    Miss Ella Howland, of Lewiston, Me., who first said she would be here on Saturday and then she didn't want to come here, is being sent a telegram to come here.

EX-WARDEN WETMORE'S EVIDENCE IS COMPLETED

    "If they hadn't been law-abiding citizens at North Lake this thing would never have been brought here," was the curt rejoinder with which Arthur C. Wetmore, former Warden of York County, replied this morning to a query by F.H. Peters, counsel for the accused, at the trial of Harry D. Williams, charged with the Fosterville murder.

    Asked why he had examined the lake following his arrival at the scene of the tragedy, Mr. Wetmore replied: "I went out to see if Mr. Williams had drowned himself."

    Interest in the long drawn-out process of examination of the witness commenced to wane today. The number of spectators was smaller that usual when the court opened and many left prior to the noon recess.

    F.H. Peters, counsel for the defence, has throughout a thorough and complete cross-examination laid emphasis on the contrast between the quiet, peaceful and indulgent nature of the prisoner as compared with the fiendishness of the crime. Williams sat throughout the morning almost as motionless as a statute, the only sign of life being his rapidly blinking eyes focused steadily at the same point on the ceiling.

    Two witnesses were heard this morning, Arthur C. Wetmore resuming the witness stand when court opened. He was followed by Wesley Buckingham, a neighbor of the Foster's. The latter produced two cords which had been found in the cabin, and which had the appearance of having been prepared for a third victim.

Today's Evidence

    Arthur C. Wetmore, of North Lake, storekeeper and former Warden of York County, resumed his evidence under direct examination by Mr. Hughes this morning when court resumed. He described the bloody condition of the elder girl's clothing as revealed during the medical examination make in his presence by Dr. W.L. Turner, of Meductic. The blood on the girl's underclothing had not soaked through from the wounds in her head, he swore.

    On cross-examination by Mr. Peters, Mr. Wetmore said that Williams had made his home at Ward Foster's. There had been a party given in his honor at Ward Foster's when Williams returned from overseas. He had never been intimate with Williams to a greater extent than casual conversation while transacting business. He had never seen the accused enter into general discussions with the neighbors in his store. Williams had always paid his bills, sometimes letting run for short periods. He had never seen Williams working about the Foster place.

    Mr. Wetmore gave information regarding the size and extent of North Lake. It was between a mile and a half and two miles wide across from Williams' camp. There was good fishing in the lake and a number of sporting camps on the American side. He had heard of Williams going fishing. One of the special varieties of fish to be found in the lake were togue, requiring a very stout line for the customary method of fishing through the ice.

    Asked if the cords produced in court might have been used for fishing togue, witness said the material was strong enough. For fishing through the ice, lines of fifteen to twenty feet were usually used.

    Mr. Hughes interjected after the Court had urged Mr. Peters to hurry his cross-examination, to state the Crown would produce a witness to show that Williams had a supply of this cord for fishing purposes.

    About fifteen days before the tragedy Williams had purchased some supplies from the witness, including $2 worth of sugar, two or three tins of tobacco, cigarette papers, two or three tins of canned salmon, coffee and cream of tartar. The bill, amounting to to some $4 or $5 , had been charged. Witness did not see any sign of these articles in the camp. He had next seen the accused after he had been taken to Magistrate Foster's residence.

    Neither of the Pecks were constables as far as he knew. Claude Peck was a game warden. He was also married to Ward Foster's sister. Witness could not say whether the prisoner was under arrest at that time he was being held on instructions from Magistrate Foster awaiting the arrival of Deputy Sheriff Saunders. He had also seen the prisoner at Ward Foster's where he had met George Camp, a member of the jury, as the same man.

    The cross-examination was concluded at 12 o'clock after the defence counsel had exhausted every detail which could be considered during a two hours' questioning of the witness.

    On re-examination by Mr. Hughes, witness said Williams had been a nice man to meet. He had worked on different occasions in the State of Maine picking potatoes.

    To Mr. Peters witness said Williams had cut about two acres around the camp. An attempt had been made at clearing.

    To Mr. Justice LeBlanc the witness said the accused had not appeared unusual following his return from overseas.

Wesley Buckingham

    Wesley Buckingham, of Fosterville, who resides about forty rods from the Fosters, said he knew Williams ever since had had come to Fosterville. He had seen Williams on the day of the murders travelling towards Foster's house with the dog Towser.

He had gone to the camp after the murder, and corroborated the evidence already given with respect to the discovery of the bodies. He identified the sandbag as the one found in the camp and produced two cords similar to those found on the bodies. He had been directed to procure these from the camp by the Crown Prosecutor after they had been referred to as evidence at the preliminary examination.

    On cross-examination Mr. Buckingham expressed the opinion that Williams was a sane man. "He's just the same as he ever was," he added.

    Court Adjourned until 2:15 p.m.

The Daily Gleaner Friday, January 23, 1925

THREE DOCTORS WILL LOOK WILLIAMS OVER

Defence Counsel Also Asks to Have Dean Neales and Chief of Police Supoenaed 

    An application was made this morning by Fred H. Peters, counsel for the accused, to have Dr. Charles MacKay and Dr. W.H. Irvine, of Fredericton, and Dr. D.R. Moore, of Stanley, supoenaed for the purpose of examining Harry D. Williams. He also asked to have Chief of Police Nathaniel Jones and Very Rev. Dean Scovil Neales, of Fredericton, as witnesses for the defence. Mr. Peters also requested that Williams' army medical history sheet be secured from the Militia Department, Ottawa.

    P.J. Hughes, K.C., Crown Prosecutor, reported to Mr. Justice LeBlanc that he had wired Mrs. Ada Thornton, divorced wife of the prisoner, at Houlton, Me., and Miss Ethel Howland, public stenographer, 114 Sabattus St., Lewiston, Me., requesting their attendance as witnesses for the defence, as desired by the Court. Mrs. Thornton had wired in reply: "Positively do not wish to come—Be of no avail." Miss Howland, in reply, stated that she was leaving Lewiston, Me., at midnight Friday.

    The Court finally expressed the desire that these witnesses be subpoenaed, and a telegram prepared, requesting the medical history sheet from the proper authorities. Mr. Peters in support of his application pointed out that he had asked for a delay of the trial in order to consider the prisoner's sanity which had been refused. He believed he was now in a position to have the accused examined by medical men if they could be procured. He was not asking for a delay of the present trial at the present but wished to be prepared with respect to the sanity issue which might be brought up.

    At 12 o'clock a second telegram, received from Miss Howland, was read to the court as follows:

    "Pretty hard to leave. Won't come unless I've got to."

    "Tell her to come," Mr. Justice LeBlanc said.

Efforts to Speed Up Williams Trial

    Efforts will be made to speed up the proceedings in connection with the trial of Harry D. Williams, charged with the Fosterville murders, by holding a sitting of the Court tonight and by sitting all day tomorrow. When the court adjourns tomorrow for the weekend it will stand adjourned until 10 o'clock Monday morning.

    Last night the members of the jury, who must remain constantly together shut away from social intercourse with anyone except themselves until they have determined the fate of the accused and are discharged by the Court, were taken to the movies to while away the evening. They were conducted to the Gaiety Theatre in a body under the supervision of Sheriff J.B. Hawthorn and two constables, where arrangements had been made for their accommodation.

The Daily Gleaner Saturday, January 24, 1925

Wesley Buckingham

    Wesley Buckingham, the fifth witness, resuming the stand yesterday afternoon under cross-examination was questioned about having seen Williams in company with the Foster girls at a Halloween entertainment. He was grilled severely regarding his ability to remember certain features of Williams' behavior and the condition of his camp as he had seen it following the tragedy. He had procured the cords and fish-hooks on January 11th. The camp had been locked then.

    During his cross-examination he was questioned as to what he had seen on the shelf in the camp when he had gone to get the cords. Witness replied that he did not know. This caused Mr. Peters to state that he was a very remarkable witness and that he had better stick around court for a few days as there would be a number of medical men present. Mr. Hughes said that this remark was entirely uncalled for. The witness had shown a disposition to answer every question put to him.

    On re-examination witness said he had seen the short cords thrown up on the shelf while the camp was being cleaned. He had found the others with fish hooks attached when he pulled down a box with the short cords in it.

Robert Hay

    Robert Hay, of Canterbury, identified the sandbag as that which he had obtained from Williams' shack. Cross-examined by Mr. Peters, witness said he was sent to the camp to bring the sandbag to Deputy Sheriff Fraser Saunders. It had been almost completely filled with sand.

Williams' Confessions to Claude Peck Are Admitted

Peck Says Williams on Way to U.S. Boundary When Captured

ACCUSED PAYS NO ATTENTION

Court Room Packed Spectators at Evening Session

    Confessions made to Claude Peck, a game warden, who took Harry D. Williams into custody the morning after the Fosterville murders, that he had killed the two girls and expected to pay the supreme penalty, were admitted in evidence last evening by Mr. Justice LeBlanc, subject to objection, at a night sitting of the York Circuit Court.

    For the first time it was revealed that Williams was on foot bound in the direction of the international boundary—in a direction leading to Magistrate John Foster's residence, where he said he was going to give himself up to await the arrival of the Sheriff—when he was taken into custody by Claude Peck, Enoch Peck, Millidge Wood, and Emery Farrell. Williams was heading for Forest City when the automobile party overtook him on the road and he asked them not to hurt him, according to the evidence given by Claude Peck after a strong fight had been put up by Fred H. Peters, counsel for the accused, for the exclusion of this evidence relating to Williams admissions.

    "I was just making for Magistrate Foster's. I thought he would take care of me until the Sheriff came," the witness stated Williams said after he was taken into the automobile.

    Later at Magistrate Foster's Williams said that he "had something on his stomach," and was afraid to take anything to eat or to drink tea or coffee offered him because it didn't think it would "work well" with what he had taken. He told the Peck brothers what he had taken but this conversation was not allowed to be admitted. Williams had been sick twice during the detention and said he had taken something during the night. A bottle marked strychnine, and containing some white powder, was found in his possession when searched.

    Williams also told him, Peck said, that he understood the effect of the warning given him that he need not say nothing. "I killed the girls and expect to pay the supreme penalty," he said, "but I didn't do what you think I did." He also said that if they had expert evidence they would find thingsjust as he said and that he would probably plead guilty anyway.

    The court-room was packed with crowds of spectators during last evening's hearing. Williams still maintained his unconcerned attitude and did not exhibit any interest as the evidence of his admissions was given.

    Claude Peck, game warden, Fosterville, a brother-in-law of Ward B. Foster, was one of the party reaching Williams' camp shortly after the discovery of the murders. No one was there when they arrived and he had looked in the window with the aid of a flashlight. No one was there and entered the camp and found the bodies. He believed he was the first to enter the camp following the departure of the father to raise the alarm.

    He thought there were some signs of a struggle, including a misplaced bench which was not in its usual position. It was swung around to the stove while he remembered it as having been kept formerly against the wall. The camp presented an air of untidiness. The stove and the ashes in it were cold. From the camp they started a search for Williams.

    Their search took them to Forest Station on the Maine side of the boundary, where they remained until daylight, returning to Ward Foster's. While there they received word that Williams was crossing the road on top of Green Mountain.

    Witness got into a car with Emery Farrell, Enoch Peck, and Millidge Wood and they caught up with Williams who was traveling away from the direction of Ward Foster's place and towards Forest City, the international boundary. He got out of the car and put his hand on Williams' arm and told him to get into the car. Williams told them not to hurt him.

Objections by Defence Counsel

    Mr. Peters objected to any further statements made by Williams being admitted as evidence. He contended that Williams was under arrest from the time that the witness had placed his hand on the accused and that he had not been properly warned.

    Mr. Justice LeBlanc did not believe he would shut this out. He believed it was admissible, particularly in view of a verdict rendered by a full bench of six judges in the Supreme Court of New Brunswick following a statement made by a man while under the influence of liquor in a police station, under arrest, who had made some incriminating admissions on a charge of highway robbery in response made to a remark made by the officer engaged in making a search of the prisoner and who discovered a roll of money hidden in the prisoner's trouser leg. He had shut out statements made to Deputy Sheriff Fraser Saunders because they had been elicited in response to questions addressed to the prisoner. In the case referred to the liquor had also been supplied by the police officer.

    In reply, Mr. Peters quoted the decision The King vs. Hay, Supreme Court Reports, 1904. He contended that Peck was a game warden and therefore a constable. A number of other authorities were also cited. From the appearance of the accused, he believed that the prisoner would be liable to say almost anything.

    Mr. Hughes, urging admission the confessions, cited the ruling decision of the Privy Council in the Ibrahim case, tried in Hong Kong, in which statements made by the accused to a man in authority had been admitted against the accused.

    The Court interrogated the witness as to the action leading up to the meeting with the prisoner. He had called to Williams: "Stop, we want you." He told him to get into the car after he had caught him by the arm.

    Mr. Hughes quoted the ruling of the Supreme Court of Canada in the case of The King vs. Roscoe, a lumber camp murder in which statements had been made by the accused to an immigration official when served with a warrant for deportation.

    The Court ruled that the evidence would be admitted subject to objections.

The Confessions Related

    Continuing, the witness stated Williams had said: "Don't hurt me — I want to give myself up." Later in the automobile: "I was just making for Magistrate Foster's. I thought he would take care of me until the Sheriff came." All this had been said before any mention had been made of the murders at Williams' camp. The prisoner appeared quite stiff and cold, he said his hands were very cold.

    At Magistrate Foster's Williams had been searched and eight 38-55 rifle cartridges found in his pocket, a bottle marked strychnine, a pocket-book containing a key and a watch. An upper plate of false teeth, found in his jacket, was returned to Williams together with a can of tobacco. He was held until the arrival of Deputy Sheriff Fraser Saunders.

    During the period of detention there Williams was sick twice. He volunteered the explanation. He had refused tea and coffee and gave reasons. No inducements had been given.

    These were requested by Mr. Hughes and objected to by Mr. Peters. Mr. Justice LeBlanc allowed the questions.

    Williams said "he had something on his stomach," and that he was afraid the tea and coffee would not work well with it. He had stated what he had taken during the night.

    This was ruled out by Mr. Justice LeBlanc, Mr. Peters objecting.

Conversations with Enoch Peck

    Williams had also had a conversation with Enoch Peck, as a result of which Enoch went out and brought in William's loaded rifle. There was five cartridges in the magazine and one in the chamber. It would hold seven cartridges, six in the magazine and one in the rifle.

    The conversation with Enoch Peck in this respect was ruled out, it being shown that he had questioned the prisoner.

    Witness had also a further conversation with the prisoner with the prisoner in the automobile in which he was taken to Fredericton. This took place in the presence of Enoch Peck. He had not heard Deputy Sheriff Saunders warn the prisoner.

    Mr. Peters objected to the conversation.

    In reply to the Court, the witness said it was in answer to questions that Williams had taken part in the conversation.

    Mr. Peters claimed that the accused had been warned by Saunders and that the Pecks were acting in the capacity of officers of the law, delegated to do so by the Deputy Sheriff.

    Judge LeBlanc stated that in the exercise of his discretion he felt that he should rule out the conversation. He was not in favor of admitting statements of the accused made in response to questions by officers. If the two men had not been acting as officers it might be different.

    Before asking for a ruling, Mr. Hughes asked Peck if he had warned the accused himself. The witness replied in the affirmative and was asked by the Court for the exact words used.

    Witness said he had asked: "Why did you kill those girls, Harry?" He had warned him that anything he might say would be used against him. The prisoner seemed rational, the witness said, and his response had indicated that he had understood the warning.

    The conversation was then allowed subject to objection.

    Williams, said the witness, replied: "I know it. But I killed the two girls and I expect to pay the supreme penalty—but I didn't do what you think I did." Witness said he thought Williams added, "The chances are I'll plead guilty anyway."

    There was a further conversation after the witness had told Williams he might as well anyway, but this was not asked for by Mr. Hughes. No one had suggested to Williams that he had done anything in addition .......

(remainder of column obscured; however, Peck had just about completed his evidence at this point and shortly thereafter court adjourned until Saturday morning.)

(Here the paper had a photo of the shack, but too poor a quality for reproduction) Williams' camp, as remembered by Basil Boone, then 15 year old son of Leonora Foster who helped prepare the bodies for burial. The location of the furniture is as Basil recalls; the location of the bullets, glasses, and bodies as described in the Coronor's report. The camp sat on the shore of Grand Lake looking across lake towards Blueberry Point. It had been built in 1921 by Williams and Ward Foster and situated a half mile from Foster's.

The Daily Gleaner Saturday, January 24, 1925

Claude Peck on The Stand Today At Murder Trial

Cross Examination by Defence Counsel was Started

COURT TO SIT AGAIN TONIGHT

Williams Life at North Lake and Habits Are Probed

    Cross-examination of Claude Peck, game warden, of Fosterville, who took charge of Harry D. Williams the morning the accused gave himself up at Fosterville following the finding of the dead bodies of Cynthia and Necia Foster, with whose murders he is now charged, had not reached when court adjourned at noon today at the stage of the admissions of guilt which the witness related last night as being made by the accused and which were admitted as evidence. But Fred H. Peters, defence counsel, had not conducted his cross-examination of the witness. It was resumed again this afternoon.

    The greater portion of the cross-examination of Mr. Peck this morning related to the habits and life at Fosterville and the likelihood of his having been affected in some way by his service with the Trench Mortars during his service in France.

    "I have not given up hope yet, Your Honor," said Mr. Peters when Mr. Justice LeBlanc remarked that he had given up hope of limiting the defence to material which might prove of benefit to the jury in response to a remonstrance drawn from the crown prosecutor, P.J. Hughes, K.C., as to the length of time consumed by Mr. Peters and the nature of the questions put to the witness. Judge LeBlanc stated that he would not further interfere with the cross-examination.

Another Night Session

    Judge LeBlanc has announced his decision to holding another night session this evening in an attempt to hurry the case along. The attendance this morning was larger than the customary attendance has been at the morning hearings, but the crowd began to disperse long before adjournment, evidently wearied by the detail of the tedious cross-examination. There was a larger number of young persons present this morning than usual.

    Among the interested spectators in court today were Dr. Charles MacKay and Chief of Police Nathaniel Jones, both of whom are being called as witnesses for the defence.

Witness Was in 26th Battalion

    When court opened Claude Peck resumed the witness stand for cross-examination by Mr. Peters. He was questioned regarding his acquaintance with the accused, the habits of Williams and the manner in which he had cleared the land about his camp. Witness said he did not know what branch of the service Williams had served in overseas.

    Asked regarding Williams' rank and if he had ever been a private, Mr. Peck replied: "He must have been; he could be nothing less."

    Witness, himself, had served approximately three years overseas with the 26th New Brunswick Battalion. He had always considered Williams as a pleasant man to meet, rather humorous and witty. He was not a man, however, he would care to have as an associate. He was not a congenial companion for hunting or fishing trips. He was an "inoffensive, quiet chap."

    The witness was then cross-examined regarding the dangers and horrible sights to which Williams would have been exposed during his service in France as a member of a trench mortar battery such as has resulted in shell shock to many former soldiers.

    Witness agreed with Mr. Peters that it would be natural to expect to find lines which might be used for fishing in a camp such as Williams' on the lake. In fact he would be surprised not to find some fishing lines. People would use various types of lines ranging from fine linen to heavier kinds.

    There was no road from Williams' camp to the main highway, but there was a pathway. He would have to travel two and a half miles from the nearest point where he could strike the highway by going through the woods before reaching the international boundary where there was a building in process of erection by the side of the road. 

    Williams was between Ward Foster's and going towards Forest City about a mile from his camp when taken into custody. This would have taken him to Magistrate Foster's.

    Recess was taken until 2:15 p.m.

    "Sherman said 'War is hell,' and I don't think anyone will gainsay him," remarked Mr. Justice LeBlanc, as he interrupted a lengthy cross-examination of Claude Peck, the game warden who had taken Williams into custody following the Fosterville tragedy, by Mr. Peters. "I think it is a matter of common knowledge that the scene of the battle fields were terrible, awe-inspiring and awful for miles around," added Judge LeBlanc. "Mr. Hughes is willing to admit and has admitted all this and I think the jury will agree." 

    There is no need to go over all this, His Honor pointed out. If it would benefit the prisoner one iota, he was willing to sit until Doomsday, but it was merely wasting time.

    Mr. Peck, who resumed the stand (Monday, January 26, 1925) under cross-examination by Mr. Peters, was being subjected to an exhaustive examination regarding the use and effect of various forms of explosive shells and bombs from his experience as a member of the 26th New Brunswick Battalion when the Court interrupted. Mr. Williams then concluded this cross-examination with respect to the number of loads in Williams' rifle and the discovery of the two empty shells on the floor of the camp near the bodies.

    On re-examination by Mr. Hughes, the witness said he did not see anything unusual about Williams different from the other men except that he did not care for hunting and would not desire him as a companion on a hunting trip. Williams had appeared quite rational when taken into custody. He had "made talk" to others and the witness had regarded him as quite rational.

    Witness did not recollect ever having seen cord similar to that produced in court. The misplaced bench in Williams' camp was not in a position which would indicate that it had been used at the table. It was four or five feet from the table. Mr. Peck said he could only voice an opinion as to what calibre and from what kind of rifle or shell the bullets produced in court had been fired.

JURY AND WILLIAMS WATCHED ECLIPSE

Opening of Court Was Delayed Until 11 o'clock 

Because of Phenomenon

    Members of the jury in whose hands lies the fate of Harry D. Williams, on trial for the Fosterville murder, observed the eclipse of the sun this morning while taking their daily constitutional prior to the opening of Court at 11 o'clock, to which hour Mr. Justice LeBlanc had adjourned the Court last evening in view of the occurrence of the eclipse.

    Members of the staff of one of the city's hardware stores provided Sheriff John B. Hawthorn with sheets of smoked glass which they had been using to view the phenomenon and which were then given the members of the jury in turn at Phoenix Square for the purpose of a brief observation. Although there were a a large number of citizens viewing the eclipse from the same vantage point the members of the jury were forced to remain separate and apart.

    Harry D. Williams, the prisoner, also had an opportunity of viewing the eclipse while he was being taken from the York County Jail to the Court House. He exhibited some interest in the occurrence although neither Deputy Sheriff Fraser Saunders nor Provincial Constable A. Ford Yerxa, in charge of the prisoner, were able to afford him the convenience of smoked glass with which to gaze at the sun.

Crown's Medical Witnesses Differ as to 
Whether Elder Victim Had Been Outraged

Dr. W.L. Turner, of Meductic, Who Made First Medical Examination,
Swears Positively That Cynthia Had Been Raped, 

While Dr. B.H. Dougan, of Harvey Station, the Coroner, 
Swears His Conclusion Was That She Had Not Been Raped —
No Sign of Bruises

    Evidence of the medical examiner and of the coroner, both of whom were called by the Crown today during the trial of Harry D. Williams on the charge of double murder at Fosterville on November 25th last, differed as to whether Cynthia Foster, aged 14 years, the older of the two victims of the tragedy on the lake shore along the international boundary between the province of New Brunswick and the State of Maine, had been raped or not while she lay upon the bed where her body was found with her arms tied behind her back, her clothes turned up to her waist and with two large gaping bullet wounds in her head.

    Dr. W.L. Turner, of Meductic, who had made the first medical examination of the two girls' bodies, said in his direct examination that he had been led to believe from what he had seen that Cynthia had been raped and later, upon cross-examination by Fred H. Peters, defence counsel, he became more positive and said his examination of her vital organs convinced him that the older girl had been raped. The next witness was Dr. B.H. Dougan, of Harvey Station, who conducted the inquest. While not prepared to swear definitely, he said he had concluded from his examination and what he had learned afterwards that Cynthia had not been raped. In reply to Mr. Justice LeBlanc's question he stated positively there were no signs of marks or violence upon the girl's legs. Dr. Turner had admitted on cross-examination that the girl's underwear was intact.

DR. W.L. TURNER
Tells of First Medical Examination of the Dead Girls' 

Bodies in Williams Cabin

    Dr. W.L. Turner, of Meductic, said he was a coroner for York County but had never held an inquest, having officiated only in cases where he had been called in cases of accidental death. He told how he had been called to Fosterville the morning after the tragedy where he had first been required to render medical aid to Mrs. Ward B. Foster, mother of the dead girls. He then described the examination which he had made of the bodies in the presence of witnesses and identified the various exhibits.

    The discolorations of the hands and finger nails of the younger girl, would, in his opinion, have been brought about by the binding of the wrists before death, thus restricting circulation. The condition could be brought about in twenty minutes or half an hour. His examination of the older girl led him to the conclusion that she had been criminally assaulted recently. He believed that rigor mortis would be so far advanced in three hours as to produce the rigid conditions of the hips which had been discovered by the father who had caught the smaller girl by the feet and found her stiff. She was lying on her side with hips and knees slightly bent.

    On cross-examination Dr. Turner said he had no doubt but that Necia had been in the position she was found when she had been shot. There were no powder marks on the wound. As her head was a little under the bed, whoever shot her would have to be back some distance from the bed otherwise the bullet would have first struck the bed. There were magazines lying close to the child's head. Death would have been instantaneous. If the girl had been shot a few moments after being rendered unconscious from a blow over the head from a sandbag, Dr. Turner did not believe there would be any mark left to show that she had been sandbagged. He had made a careful examination but he had failed to discover any other wound or mark.

    Concluding his cross-examination at 5:20 p.m., following a thorough examination of the witness regarding his examination of Cynthia leading to the conclusion that she had been criminally assaulted, and the possibility of the blood having had its source from a more or less natural cause. Mr. Peters asked Dr. Turner to express an opinion as to the prisoner's mentality. Mr. Hughes objected that no foundation had been laid for this question and it was withdrawn by Mr. Peters.

    On re-examination by Mr. Hughes, Dr. Turner stated that he had left no finger prints or marks on her legs. Any such which might have been found were not the result of his examination of the body.

    To the Court, the witness stated that Cynthia was in in his opinion an undersized girl for her age. She was not fleshy.

DR. B.H. DOUGAN

Coroner Does Not Think That Cynthia Had Been Outraged

    Dr. B.H. Dougan, of Harvey Station, said he had viewed the bodies as coroner in the church at Fosterville prior to the funerals. He described the wounds to the heads of the two girls and gave the details of his examination as to the result of the rumor that the older girl had been criminally assaulted. He had found conditions which might have resulted from several causes.

    Recess was then taken until 7:30 p.m., the jury expressing a willingness to sit during an evening session.

    When Dr. Dougan resumed the stand last evening he was asked by Mr. Hughes how long it took for rigor mortis to set in. He was not prepared to say how long from actual experience, but from his teaching as a medical man said that four or five hours were usually regarded as constituting the period in which rigor mortis advanced to a state of rigidity.

    Cross-examined by Mr. Peters, Dr. Dougan replied that with a bullet pierced brain instant paralysis could be expected of the body. He was not prepared to say that rigor mortis would be apparent within a shorter period in cases of a violent death. In cases of death from wasting diseases rigor mortis followed more quickly according to medical science. He drew his conclusions from his teaching and cases in general.

    Dr. Dougan stated he was not prepared to swear that the elder girl had or had not been raped. He concluded from his examinations and what he had learned afterwards that she had not been raped.

    To the Court, Dr. Dougan stated that there was no sign of marks on the girl's legs. On re-examination, he stated he was not prepared to say what happened.

Dead Girls' Father Upset, But Williams is Unmoved

    Wesley Buckingham, a neighbor of the the Foster family, produced two cords while was on the witness stand yesterday afternoon which he had found in Williams' camp on the shore of the North Lake on January 11th which he Crown sought to make it appear had been prepared to bind a third girl in the same way that Cynthia and Necia had been bound.

    Hilda Foster, their 15 year old sister, who had been expected to accompany the two dead girls on what proved their fatal visit to Williams' camp, was in court at this time. She sat most of the afternoon with her head buried in her hands or resting on the shoulder of a relative nearby.

    Ward B. Foster, the girls' father, showed signs of having difficulty to restrain himself in court when Dr. Turner gave his evidence that Cynthia had been outraged with her hands bound behind her back and her mouth gagged before she was shot through the head. He talked vigorously with a woman from North Lake who sat along-side of him and repeatedly pointed towards Williams, who sat in the prisoner's dock staring up at the ceiling, apparently unconcerned and evidently paying little attention to what was going on about him.

To Take the Evidence of Mrs. Thornton at Home

    Further instructions have been forwarded to Miss Ethel Howland, 114 Sabbatus street, Lewiston, Me., by Crown Prosecutor, P.J. Hughes, K.C., to come here as a witness for the defence of Harry D. Williams, charged with the murder of his two half-nieces at Fosterville. Miss Howland was instructed that it would be satisfactory if she left Lewiston on Monday for Fredericton.

    It was stated today that the evidence of Mrs. Ada Thornton, of Houlton, Me., Williams' former wife, who has refused to come here to testify on his behalf, could be taken under commission in Houlton, and it is expected that an application will shortly be made to have this done in view of her refusal to come here.

    Meanwhile a reply has been received from the Department of Militia and Defence, Ottawa, in connection with the war records of Williams' service. The reply did not state whether or not the medical history sheet, which has been particularly asked for, was being forwarded or not. In view of certain information given in the telegram received today the message was not read in open court but was submitted to Justice LeBlanc for his inspection.

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Last updated: February, 2001