Thursday, May 23, 2013

Was it Murder? (Part 2 of 3)


Lehigh Valley R.R. (Jim Schug Trail)--left click image to enlarge.
 
 
Cortland Evening Standard, Monday, May 20, 1901.
 
Coroner’s Inquest.

AS TO THE CAUSE OF THE DEATH OF JOSEPH TOWNSEND.

Struck by Lehigh Valley Passenger Train on Night of May 11—But Indications are That Death Had Occurred Before the Accident —No Blood Flowed from Body When Mangled by Train—One Witness Warned by Coroner That He was Under Suspicion.

   The inquest in the matter of the death of Joseph Townsend, the colored man who was struck by the passenger train a little north of North Harford one week ago Saturday night, was held at North Harford Saturday by Coroner E. M. Santee, and with the exception of taking the evidence of the physicians who performed the autopsy, the inquest is closed. After reviewing the testimony Dr. Santee will render his verdict, which, in all probability will be that Townsend came to his death at the hands of a party or parties unknown.

   The coroner will confer with District Attorney Thos. H. Dowd before giving his decision in the matter, and he may state in the verdict the name of the person upon whom, in the light of the inquest, the strongest suspicions fall. Many witnesses were sworn Saturday at North Harford and the little hamlet in the southwestern corner of Cortland county was agitated by the proceedings that called out a large crowd of curious onlookers. The inquest showed that Townsend had been at Dryden lake fishing the day he met death along the Lehigh Valley tracks; that he had left the lake a little before 8 o'clock, P. M. to walk down the tracks to North Harford, and that he had some money about his person when he started from the lake that could not be found afterward.

   Lewis Perry, who had been fishing at the lake the same day, and who also walked from the lake to North Harford that evening, was the last witness sworn. As he took the stand the coroner notified him that he was the last person found to be in the vicinity of the crime and that he was suspected of knowing how Townsend came to his death, therefore he need not testify unless he chose so to do. Perry said he was willing to testify in the matter.

   After the inquest Dr. Santee informed him that he was under suspicion of knowing more about the matter than he had told and that if it had not been for his wife and child he would have taken him back to Cortland. As it was, he said, a close watch would be kept of him and any attempt on his part to escape would be fruitless.

JAMES BRINKERHOFF.

   James Brinkerhoff of Auburn, N.Y., engineer on train No. 284 that struck the body of Townsend, testified that he first saw the body on the track about 10 rods ahead of the engine. He shut off the steam and applied the emergency brake. The body was lying parallel with the rails and his head was toward the engine. He was lying on his stomach and left side and when the engine approached him he appeared to be trying to rise up on his hands. He only had just a glance at him and could not be positive in regard to his trying to rise up. The train was running from 35 to 40 miles an hour. He examined the engine and did not find a spot of blood or a mark of any kind on it. The train ran about two lengths before stopping. When he went back to where the body lay, he found it about 10 or 12 feet from the west rail. The clothing was badly torn and mostly gone from the lower part of the body. He saw no blood on the clothing and none on the ground or tracks, and he thought the man was dead when he saw him after he was struck. He did not see him move.

THOMAS DORAN.

   Thomas Doran of Auburn, fireman on the same train, said that when about 2 miles north of North Harford the engineer applied the emergency brake and said that he had hit a man. He went back to the spot where the body lay. He was dead when he got to him. He corroborated the engineer’s testimony concerning the position of the body when found. His legs were badly mangled. He did not notice any blood around, either on his clothing or on the ground. He came on with the train and had nothing to do with caring for the body.

GRANT HESS.

   Grant Hess of Sayre, Pa., a brakeman on the train, noticing that the air brakes were applied, went out to see why the train was stopped. He also corroborated the engineer’s evidence in regard to the location of the body when found. The left leg was torn out at the hip. He noticed a small hole in back of the head, in the hair. He heard a sort of sobbing when he first reached the body; this only once. There was no movement. He had a lantern, and was the first to reach the body. He noticed a small amount of blood under the head, but none around where the legs were cut off or on the ground, ties or track.

ARTHUR D. BATES.

   Arthur D. Bates, of Sayre, Pa., the conductor, described the stopping of the train and the finding of the body, as given by the other railroad men. He saw a piece of flesh lying about 15 or 20 feet south of where the body lay. There was a piece of clothing on this. He left two men in charge of the body and notified Superintendent Titus of the occurrence when he arrived at North Harford.

VOLNEY WATKINS.

   Volney Watkins of Harford Mills, a track hand on the railroad, said he was working with the section men about three-fourth miles from Dryden lake on Saturday, May 11. About 5 o'clock he went down the track for a flag. When at the crossing, John Webb said the boys were having a dispute over some fish he had sold and he was trying to keep away from them. He went up to where they were, but there was no trouble while he was there. He did not see Townsend at all, but saw Warrior Lowe, Richard Dorsey and another man he did not know. None of them appeared intoxicated. There was a jug of cider in the wagon and he took a drink of it. It was a gallon jug and nearly half full when he drank from it.

JOEL BENEDICT.

   Joel Benedict of Auburn, the baggageman of the train, substantiated the evidence of the other men. He saw no blood anywhere, and the man was dead when he reached him.

F. J. JAPHET.

   F. J. Japhet of Newark Valley, a mason in the employ of the railroad company, testified that he was returning from Groton to Newark Valley on the passenger train and that he with Michael Dalton was detailed by the conductor to take charge of the body. He with Dalton went up to where the body was struck. For a long distance flesh and bones were found along the track. There was very little blood, a spot on a tie about 1 inch by 2 inches. At about 1:30 A. M. they had orders to remove the body to North Harford. It was placed in the freight depot at that place, and they remained there with it till the coroner arrived.

MICHAEL DALTON.

   Michael Dalton's testimony was nearly identical with that of Mr. Japhet.

CLARISSA CARPENTER.

   Clarissa Carpenter, who lives near Dryden lake, was next sworn. She stated that fishermen were in the habit of putting their teams in the barns at her home, and that three single rigs came there on Saturday, May 11. In one of these were Warrior Lowe and two other colored men who came about 4 P. M. They stayed at the barn awhile and then went to the lake, returning about 7 or 7:30 o'clock in the evening. They left the barn at 8:30. One wagon had in it John and Peter Webb, who left soon after the Lowes left. The third wagon contained Benjamin Welch and another man, who left about the same time as did the Lowes, possibly five minutes later. She heard no disturbance, except that some one asked to ride to Harford.

LEE CARPENTER.

   Lee Carpenter, a farmer near Dryden lake, testified that fishermen were in the habit of hitching their horses in his barn, when they came to the lake. Last Saturday. May 11, he was at home and about 5 o'clock, P. M. Warrior Lowe, Ed Lowe, and Dick Dorsey came; a few minutes later John and Peter Webb came. They all placed their horses in the barn and went to the lake to fish.

IRA MATSON

   Ira Matson, a farmer of the town of Richford, swore that he was at Dryden lake fishing May 11,1901, reaching there about 1 o'clock, P. M. He saw six colored men there fishing. Between 4 and 5 o'clock the first ones came to the lake. He left the lake about 8 o'clock. When he got to Carpenter's barn the north bound passenger train was passing, four or five of the colored men went to the barn at about the same time. He knew two of them, Peter and John Webb. He drove away from the barn before any of the colored men did. He got to Harford at about 9 o'clock and saw the men referred to at the hotel. None of them seemed intoxicated. While at the Harford hotel, a colored man came in and said that a colored fellow had been run over by the cars.

EDMUND LOWE.

   Edmund Lowe, colored, testified that he was fishing at Dryden lake, Saturday, May 11. He drove there from Harford with Warrior Lowe and Richard Dorsey and reached the lake before 5 o'clock. Joseph Townsend had been fishing before they got there. Townsend came to Carpenter's barn while the others were there. Townsend had a string of fish and witness bought them for 25 cents. He did not see him have or spend any money. They left Joseph Townsend at the barn and that was the last witness saw of him alive. They had a gallon of cider with them, and Peter Webb had a gallon with him. All the cider, he thought was drank up. He did not see Townsend drink any of the cider. The only difficulty over the fish was between his brother and himself. Joseph Townsend was not concerned in the quarrel. John Sorrell told witness that there was a colored man killed on the railroad. Sorrell, he said, had stated that he came down on the train that ran over him. Witness then stated that he with Mr. Dorsey went to the place where the body was and recognized the man as being Joseph Townsend. He knew Townsend well, as he had been frequently at his house.

WARRIOR LOWE.

   Warrior Lowe's evidence corroborated the evidence of Edmund Lowe.

RICHARD DORSEY.

   Richard Dorsey, colored, was also fishing that day at Dryden lake, and he gave the story of the fishing at that lake as given by the two former witnesses. He said Townsend was cheerful that day and danced and sung, and appeared to be enjoying himself. Townsend, he said, was always cheerful and light hearted, but very reticent. He recognized a hat shown by the coroner as that last worn by Townsend. A piece of cloth he recognized as a part of the trousers worn by Townsend.

ABRAM CARMER.

   Abram Carmer lives near where the body was struck. He was at North Harford until about 8:30 o'clock P.M. that night, and went from there up the west road to near Holden's crossing, where he cut across lots to the crossing, and followed the track to the Purvis crossing. Just below this and near the Brown sugar bush he met Louis Perry, who was the only person he met while going home.

FRANK JOHNSON.

   Frank Johnson, who employed Townsend for two weeks before his death, testified that he paid Townsend $2 that night, and that there is $8.50 still his due. Townsend carried no watch while at his house. He did not know of Townsend's having any more money than what he gave him. He stated that Townsend had said he was going to Dryden lake fishing Saturday.

DANIEL TANNER.

   Daniel Tanner of Harford, a mechanic, who accompanied the coroner to the place where Townsend was killed, described the place, as given by others. He saw only one small spot of blood there. He also saw the body the night before and stated that there was a cut on the middle of the forehead and a discoloration of the left eye, where the blood had settled. There was no blood about where his limbs were cut off.

BENJAMIN WELCH.

   Benjamin Welch, a farmer of Caroline, testified that he was at the lake fishing that day. He detailed the occurrences at the lake, but did not offer anything new in the matter. He did not see Townsend drink anything.

WILLIAM FORSHEE.

   William Forshee and Charley Adams were also fishing at the lake May 11. They saw Townsend and were with him for three hours in the afternoon. They did not see him drink any cider nor other intoxicants.

WARD RENNIE.

   Ward Rennie of North Harford, who was at the lake fishing and was with Townsend from 10 o'clock, A. M. till 2 o'clock, P. M., did not see him drink anything during that time.

JOHN AND PETER WEBB.

   John and Peter Webb, colored, also testified in regard to the occurrences at the lake. Townsend had asked Peter Webb to ride with him, but had been told that his wagon was light and that he could not ride. Townsend had started down the track before they started for home.

VINCENT PHOENIX.

   Vincent Phoenix a merchant at Harford Mills, testified that Townsend was at his store Friday night to purchase fishing tackle, for which he paid 12 cents. He also bought a pair of overalls for which he paid 45 cents. He gave Phoenix a dollar bill and received back the change. Witness also said that he thought he saw another dollar bill that Townsend had in his vest pocket.

FRANK BURKE.

   Frank Burke, the proprietor of Harford Exchange, of whom Warrior Lowe, Edmund Lowe and Richard Dorsey hired a horse and buggy to go to Dryden lake, testified that the three started from North Harford at about 4 o'clock P. M. and that they returned between 8:15 and 8:10 o'clock that evening. The Webbs did not reach North Harford until twenty minutes later. Lewis Perry came in the hotel about 9 o'clock. The train came in about 9:10 and it was then that witness first heard of the accident.

H. R. HAWLEY.

   H. R. Hawley, the station agent at North Harford, swore that the north bound passenger train arrived at about 8:05 o'clock and that the train that ran over Townsend came in at 9:25.

EDWARD HUDSON.

   Edward Hudson, who conducts a general repair shop at Harford and who went to the scene of the accident, testified to what he saw at that place, which has been described by others. The remains were loaded on a freight car by means of a fence board, which the men broke in two, and spread a rubber overcoat over the parts.

LEWIS PERRY.

   Lewis Perry of the town of Richford, 47 years of age, testified that he was a farm hand. Last week, Saturday afternoon, May 11, 1901, he left home about 4 miles west of Harford and walked to Dryden lake to fish. He arrived there about 5 o'clock. The first persons he saw that he knew were Benj. Welch and Ira Matson. This was about 5:30 or 6 o’clock. He left the lake at about 8 o'clock, and walked all the way down the railroad track to Harford, not stopping anywhere except to talk with Mr. Carmer two or three minutes. The northbound train, he stated, passed him above the Purvis place, but some distance this side of the lake. He left the railroad track that night at the Harford depot and went direct to the Burke hotel, arriving there at about 9 o'clock. There was a shower coming up and he hurried along as fast as he could in coming down from the lake. He met no one, he said, after leaving the Carpenter crossing except Mr. Carmer until he got to Harford. He also stated that he was a pretty good walker and could walk 5 miles an hour right along. A freight train passed him on the way down that night. He thought the freight passed him the other side of the willow crossing. Witness also testified that he had not drank a drop of anything at the lake that day. He took some cider in Harford after getting back and then went home with the Webbs. Benj. Welch treated him that night, but witness did not treat anyone. He said he spent only 10 cents that night. He also stated that he had been married two years and had one child.

L. A. Gardiner.

   L. A. Gardiner, a stock dealer at Harford Mills, testified that he thought Joseph Townsend slept in his barn Friday night before he was killed, as there was evidence of a person having slept there, as blankets from his wagon were misplaced. He could also see where a person had sat on a pail and smoked.

INCIDENTS OF THE INQUEST.

   There were, among the serious details of the inquest at North Harford Saturday, a few ludicrous things that were said and done that may be repeated without detracting from the solemnity of such occasions. When Peter Webb testified in relation to the manner in which the day had been spent at the lake, he was asked if the party had not something along with them to drink, to which he responded: "Well, now, judge, you know we wuz jus out fishin', an had to hav somethin' to make the fish bolt."

   Later in the day he showed his honesty of purpose and tenderness of heart when asked by the coroner how it was that he could let Lewis Perry ride from North Harford to his home, when only a little while before he had refused Joseph Townsend a ride on account of the wagon being light. He met the question in this way. "Ai did not know till we come up to Norf Hoford that Joy was ded. Now Mr. Perry he ask me to ride after we got to Norf Hoford, and oi sed to mysel, O'll never refuse anoder man a ride, even if de wagon brak and oi hab to wak hom; cause if oi had let poo Joe ride, he'ed be alive dis minit."

   Coroner Santee wishing to find out something in regard to the Lehigh Valley tracks, approached the section gang at North Harford and accosting a man whom he thought was their foreman, asked if he were the man in charge to which he received a rather short answer in the negative. Later the coroner learned that the person he had approached was Supervisor J. A. Wavie of Harford.

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