COURT PROCEEDINGS AND THE ASSESSMENT QUESTION

The Cortland Democrat, Friday, June 3, 1892.

Court Proceedings.

   A special term of the Supreme Court convened at the Court House in this village last Tuesday morning, Hon. Walter Lloyd Smith of Elmira presiding. The entire day was consumed in the hearing of motions and a very large number of lawyers from other counties were in attendance. The following cases were disposed of on the day following:

   Hezekiah Howe et. al., vs. William H. Clark, Theo. Stevenson, F. W. Collins and the Cortland Howe Ventilating Stove Company. The plaintiffs, who were the inventors of the Howe ventilating stove manufactured by defendants, brought this action to recover damages for an alleged conspiracy to defraud plaintiffs out of his rights under the patent. The defendants demurred to the complaint, and arguments were made on the demurrer. Briefs were submitted and decision reserved. Smith & Dickinson appeared for the plaintiffs and B. T. Wright and Hon. 0. U. Kellogg for defendants.

   Mary C. Perkins and Sarah E. Frank vs. Joseph E. Eggleston, as sole executor of the last will and testament of Mary E. Main, deceased, et al. This action was brought to set aside the residuary clause in the will of Mary E. Main, wherein she left a sum of money to the Congregational church in this place. The plaintiffs claim that the church is not legally organized and cannot therefore take under the will. The case was tried and briefs are to be submitted within twenty days. D. E. Powell and W. W. Woodbury appeared for the plaintiffs and W. D. Turtle, G. B. Jones and Kellogg & Van Hoesen for defendant.

   Seneca House vs. Julia House, Diantha Rose and Lyman Rose et. al. The plaintiffs sue to recover on a promissory note for $100 made by Elisha House, in his life time. Defendants are the heirs and next of kin of deceased. C. H. Lewis of Syracuse appeared for plaintiff and H. C. Miner, L. B. Kern, James Dougherty and Smith & Dickinson for defendants. The case was referred to Hon. S. S. Knox.

   James Dougherty, as receiver, vs. John Shevalier, Rachael Shevalier and J. D. K. Woolston. This action was brought by the plaintiff as receiver, to set aside a conveyance of real estate executed by defendant John Shevalier to his wife and son, on the ground that the same was executed for the purpose of defrauding the judgment creditors. The case was referred to Rufus King, Esq., of Elmira. H. A Dickinson for plaintiff and W. C. Crumbie for defendant.

   Albert H. Atkins vs. Walter J. Pudney and Phoebe Pudney. The plaintiff brought this action to set aside a mortgage given by W. J. Pudney to his mother Phoebe Pudney on the ground that the same was executed for the purpose of defrauding his creditors. Tried before the court and decision reserved. Attorneys to submit briefs within ten days. Dorr C. Smith and A. P. Smith for plaintiff, and Jas. Dougherty for defendant.

   Louisa Ann Howe vs. Charles Eno Barber, et. al. This was an action for partition of real estate situate in Homer. Proof taken and the court ordered a decree entered for the sale of the property in question and that the proceeds be distributed among the parties interested after payment of costs of suit. Kellogg & Van Hoesen for plaintiff and James Dougherty for defendant.

   SETTLED,

   Patrick Callahan vs. Owen Galvin OVER Oren Randall vs. Peter Balia, et. al.

   Albert H. Atkins vs. William Lord.

   Mary Rood vs. Caroline Chapman.

   The Cortland Howe Ventilating Stove Company vs. Caleb B. Hitchcock.

   All the cases on the calendar having been disposed of, Court adjourned Wednesday afternoon.

Death of Joshua Ballard.

   Joshua Ballard, an old and highly respected citizen of Cortland, died at Glen Haven, where he had lived for the last fifteen or twenty years, on Tuesday last, aged 81 years. Mr. Ballard was born in Brimfield, Mass., June 11, 1808, and moved to this place with his parents when a mere lad. On April 13, 1831, he married Miss Christina N. Nims, who died Aug. 5, 1859, leaving no issue. With the exception of a few years spent in Ohio, Mr. Ballard's whole life was passed in this town. He lived for many years on the Severance farm on the west road to Homer, but finally left the farm and came to the village to live.

   Uncle Joshua, as he was familiarly called was a genial companion, an honest man and a good citizen. He had many peculiarities but these were not of the sort that serve to alienate one's friends and he was popular with all who enjoyed his acquaintance. He was fond of music and for several years he was at the head of the "Old Folk's Musical organization'' in this place. He was a great favorite with the young people and enjoyed their society. The funeral services were held from the residence of his relative, Mr. S. M. Ballard on Court-st., yesterday afternoon.

Attempted Suicide.

   Last Thursday afternoon Mrs. May Tarble Teeter, a young woman who resides with her sister, Mrs. Richard F. Stark on Water-st., shut herself in her room and locked the door. In the early part of the evening she was heard to groan and was apparently breathing with considerable difficulty. The door was forced open and she was found in an unconscious condition.

   Dr. A. G. Henry was sent for and arrived at about 9 o'clock. She had been vomiting freely and the doctor administered an emetic followed by antidotes and ordered that the woman be kept moving. It required the support of two persons to keep her in motion as she was unable to stand on her feet. At 2 o'clock in the morning she was much better and considered out of danger. She finally admitted to the doctor that she had taken three ounces of laudanum, enough to kill a dozen persons. She gives no reason for taking the drug. She will recover.

HERE AND THERE.

   The new law extending to women the right to vote for school commissioner, provides for a special ballot exclusively for the ladies.

   The Loyal Circle of King's Daughters will meet with Mrs. Scott Robinson, No. 4 Pearne avenue, Saturday, June 4th, at 3 o'clock P. M.

   The complaint against Geo. E. Dickinson, made by A. B. Frazier, was withdrawn last Thursday, and the matter was settled.

   The Bricklayers and Masons' Union of this place have adopted resolutions against laying brick on stone foundations built by non-Union masons.

   The mothers' meeting (central) will be held at Mrs. N. J. Parsons', No. 88 Tompkins street, Tuesday, June 7th, at 3 P. M. Subject, "Imagination."

   Orris Hose company has decided to purchase thirty new uniforms. They will be of blue cloth, ornamented with department buttons, coats to be double breasted. Collins & Daehler furnish them.

   G. H. Williams, who resides with his mother, on Venette street, in this village, was taken to the Binghamton Asylum last Tuesday, by Sup't Angel, after an examination by Drs. White and Bennett, who pronounced him insane.

   Geo. E. Rich & Co.'s circus and animal show will exhibit at McGrawville, Saturday, June 11th. Admission 25 cents. Children will be admitted in the afternoon for 10 cents. The show will exhibit in Dryden, Tuesday, June 14th.

   There is a law on the State books, making it a duty of highway commissioners to erect boards at the intersection of the roads, giving distance to nearest towns, etc., but so far as this section is concerned, it is practically a dead letter.

   Under a new provision of the criminal code, Justices of the Peace are given power to fine or imprison persons guilty of public intoxication, at their own discretion. Heretofore the prisoner could not be imprisoned, provided he paid the fine imposed.

   Mr. C. J. Coleman, proprietor of the Cortland Steam Laundry, Star carpet cleaner and feather renovator, has secured the services of Mr. I. J. Chipperfield, an expert in the laundry business from Troy, to superintend the business, and promises first-class work at reasonable prices. A trial order is requested.

   Last Friday evening the members of the 45th Separate Company [N. Y. S. National Guard] elected First Lieutenant Henry A. Dickinson to be Captain in place of D. F. Dunsmoor, resigned. The vacancy caused by the promotion of Lieut. Dickinson will not be filled until after he has successfully passed the necessary examination. Second Lieutenant F. L. McDowell will probably succeed Mr. Dickinson.

   An appeal is being made in many papers to preserve the arbutus. Many are careless and pull it up by the roots. As the plant is not over plenty, it may soon be exterminated. This plant should be preserved for its medicinal properties, as well as for its rare beauty. A tea made of its leaves will dissolve gravel or stone in the bladder, it is said. The arbutus is known in some localities as gravel weed.—Ex.

   Last Saturday, while A. Murell Canfield was running an emory belt in the Excelsior Top shops, the belt broke and a piece of the iron he was polishing struck him across the forehead and upper part of the nose, nearly knocking him down. He was taken to the home of his sister, in the Calvert block, and Dr. Edson called. The physician thinks that he will be able to work again in a few days, although the blow was a very hard one.

   Wheelmen will note with interest two recent supreme court decisions regarding their rights on the highway. A pedestrian was run into by a wheelman, both being on the sidewalk. The former sued for damages and won his suit, the court holding that the rider had no business on the sidewalk. On the other hand, a horse was frightened by an approaching wheel and ran away, The driver sued for damages, but lost his suit, the court holding that the bicycle was a vehicle, and as such was entitled to the road at well at the driver.

   The Cortland Bee Keepers' Association will meet at the residence of President J. L. Kinney, two and one-half miles northwest of this village, Tuesday, June 14th, 1892.

   The committee appointed to solicit funds to defray the expenses incident to a celebration of the 4th of July, report that they are meeting with success. They will report at a meeting to be held to-night.

   Franklin C. Hazard, of Upper Lisle, well known throughout the county, died at his late home, on Sunday last, aged 62 years, after only two days of illness. Cause, apoplexy. The funeral services were conducted in the Universalist church, Rev. H. W. Carr, of Cortland, officiating, assisted by Rev. Mr. Barnes, of the Baptist church of Upper Lisle.

The Assessment Question.

   State Assessor Jas. D. Ellis, of Antwerp, N. Y., met the supervisors and assessors of the several towns in this county in the supervisors rooms last Tuesday morning at 10 o'clock. Mr. Ellis questioned the representatives of each town with regard to the valuation and assessment of real estate and particularly upon the question of the assessment of personal property. The assessors from most of the towns estimated that real estate in their localities was assessed at from one-half to two-thirds its value and some of them thought that real estate in their towns was assessed at its full value. Mr. Ellis stated that money in bank could be assessed and that where an assessor believed that a person had money in bank it was his duty to assess him unless he came before the board and swore it off.

   Some of the assessors and supervisors explained the lack of assessment of personal property in their towns by saying, that when men in their towns became possessed of money they moved to Cortland. The State Assessor interrogated Assessor Rood of this place, with reference to the monied men moving to this place who answered that when these men moved here, they invariably swore their taxes off.

   Mr. Ellis said that it was the general impression throughout the state that a large amount of personal property in Cortland was escaping taxation. He called the attention of the assessors to the necessity of assessing all kinds of personal property and repeated that the assessment in Cortland county on personal estate was one of the worst in the state. His statement is undoubtedly true, but it is doubtful if any remedy can be provided or even suggested to cure the evil.

Hints for Assessors.

   State Assessor Ellis while in Cortland called the attention of assessors to the following facts, which they would do well to cut out and preserve.

   1st, Parsonages worth not more than $2,000 are exempt from taxation, but are taxable on excess of value over this figure.

   2nd, Pension moneys and property purchased therewith are exempt from taxation.

   3rd, Stock horses, farming implements, stocks of goods, notes, book accounts, mortgages, deposits in National banks and savings banks are all subject to taxation.

   4th, Railroads are to be assessed not simply on the cost of construction or value of land in their roadway, but taking into account also their earning capacity, value of capital stock, value of franchise, etc.