QUINLAN CASE, PHELPS INQUEST AND CAPTAIN SAM BYRAM'S DEATH

Brockway block, Homer, N. Y.

Cortland Evening Standard, Monday, December 31, 1894.

THE QUINLAN CASE.

SEVERAL WITNESSES TESTIFY ON THE STAND.

Efforts to Locate the Whereabouts of Several Parties on the Night of the Murder.

   The coroner's inquest in the Quinlan case was continued this morning in the office of Coroner Bradford in the Brockway block in Homer at 9:30 A. M. John Doyle was the first witness. Mr. Doyle testified that when he last saw Patrick Quinlan, he (Quinlan) was in the barroom of the Central hotel on Friday evening, Dec. 21, at about 8 o'clock. Patrick Quinlan was there about half an hour, and during that time the following men came into the room: Tom Dane, Jack McDonald, Will Clark, Geo. Bennett, Will Butler, Geo. Rood, Alex. Stuart. Quinlan drank a glass of beer and talked about some turkeys he had brought to O. B. Andrews & Co. that day, for which he had received about $40. He was not intoxicated. No one drank with him. Will Butler and Geo. Rood were standing at the bar eating, when Quinlan drank the beer. When he spoke of the turkey money, T. V. Martin was the only person in the barroom, the others were in the office. After drinking Quinlan came out from the bar and sat down in the office. Doyle remarked that it was a good time to sell cabbage, but there was no conversation about money. Quinlan did not state whether he came to town by wagon or on foot.

   At some time after 8 o'clock he said it was time to go home and after getting a second glass of beer went out the back door. McDonald and Clark left by the front door at the same time. John Bennett went out soon after. Quinlan was sober when Doyle last saw him at this time.

   Doyle first heard of Quinlan's injury on Saturday directly after dinner when Thos. Quinlan came into the hotel and asked if his father had been there on the previous evening. An affirmative reply was given.

   "Was he drinking anything?"

   "He did."

   "How much?"

   "Two or three glasses of beer."

   "Has he got home yet?"

   "He has, I found him in the road this morning when I was coming down with the milk."

   Thos. Quinlan further told Doyle that his father had a terribly black eye and had not come to yet. He said he had come to town for Dr. White. Thos. Quinlan asked Doyle if his father had stopped at any other place. Doyle answered that he did not know. Thos. Quinlan told Doyle that when he came down with the milk he saw his father lying in the road and hearing him breathe, thought his father was drunk and had probably been out with the boys the night before. As it was warm, he drove to town, delivered his milk at the depot, bought some bread at the bakery and then drove home and on his way to the house he stopped and put his father into the wagon and carried him to the house.

   Doyle told the son that he never saw his father drunk but once. The witness stated that he had known the Quinlan family since he was a boy and that he never heard of any quarrel in the family. Doyle first heard of Quinlan's condition at about dark that night when Dr. White's son called and told him that Quinlan's skull was broken in and that he could not live. Doyle and Officer Porter went to Dr. White's office and from there to the Quinlan house. They went directly to the house and reached there about 6 o'clock. They saw Mrs. Lucy and the daughter Julia. Doyle asked Julia where Tom was and she said he had gone for Father John. She was greatly excited and said that it was a terrible thing. She said Tom was not down to the village the previous night. She and Tom went to bed early and [she said] that her father left the house for the village that night between 6 and 7 o'clock.

   Officer Porter heard this conversation. Quinlan lay in the room off from the sittingroom. He was unconscious. Doyle and Porter did not remain long, but left the house and came down to the place where Quinlan was found. It was dark and they had a lantern. Porter found a post or stick, but they were not sure that that was the place where Quinlan was found. They left the stick there. They did not see Thomas Quinlan that night until they returned to town when he stopped at Doyle's hotel about 11 o'clock. Thomas Quinlan said he was returning from Cortland and had some brandy and arnica which the doctor or the priest had told him to get to put on his father's tongue and perhaps he would rally.

   Doyle visited the Quinlan farm on Sunday morning. He saw Thomas Quinlan there at that time, but had no talk with him. Doyle visited the spot where the father was found. The witness next saw Thomas Quinlan on Thursday after he had returned from his father's funeral. He told Doyle that the newspapers gave him, (Quinlan), a bad reputation. He also said that it was bad enough to have the trouble he had now, without having the newspapers attack him. He said he would hire a detective to find out the guilty parties if it took every cent he had. The witness also stated that Mel Chapman and Jack McDonald were in his hotel on Christmas night. McDonald said to Doyle at that time that he, (McDonald), understood that people accused him of the deal. McDonald also said that when he left the Central hotel on Friday night he went over to the Brunswick and stayed all the rest of the evening. He said that Louis Clarke was there with him. The witness identified the stick which the coroner produced as being the one he and Officer Porter found when they visited the Quinlan farm. The witness also stated that several people had spoken to him of McDonald's being suspected of having had something to do with the deal.

   Michael Murphy, a saloonkeeper, was the next witness. He testified that he knew Patrick Quinlan from his (Murphy's) childhood. He last saw Quinlan alive on Friday going up Main-st. when he was opposite Dr. Webb's residence. Quinlan was alone. The witness was unable to state just when he had seen him before, but thought it was the previous Saturday night. The witness knew John McDonald, who boarded at his (Murphy's) place. Murphy stated that McDonald was a moulder and had worked for Charles Stone. He stopped boarding there last night. The witness had received but one week's pay from McDonald. McDonald was in Murphy's saloon last night for the last time when he came to his supper with Fred Graham, another boarder. The witness stated that McDonald had told him that they had him "put down for it," meaning the Quinlan case. Murphy stated that he was in his saloon on Friday evening, Dec. 21. Murphy saw McDonald only once on Friday evening, the 21, about 6:30 P. M., when he went out. Johnnie Connors was in charge of the saloon while Murphy went to the show. Murphy was unable to state whether McDonald stayed at his house the night of the 21st inst. or not. Witness did not know whether Quinlan was in the habit of coming to his place mornings or not. Witness saw McDonald on the morning of the 22nd inst., but had no conversation with him. Witness said he had seen McDonald almost every evening since. Witness first heard of the Quinlan assault on Friday, but did not remember from whom he heard. Witness told McDonald that he had better get another boarding place. McDonald left the Murphy place this morning and stated that he was going to his sister's in Cortland. Witness stated that he had heard McDonald and Graham laughing about their having been caught in a wire fence back of the academy one evening, but was unable to state when it was.

   The next witness was Nelson Crance who swore that his home is in Cortland and that he is employed in "The Brunswick." He stated that he was in the Brunswick on Friday, Dec. 21, from 7 A. M. to 11:30 P. M. He knows John McDonald, but not Louis Clark. He said John McDonald was in the saloon that day, but could not tell whether it was in the daytime or evening. He was there but just a few minutes. The witness did not have any conversation with him at that time. He thought McDonald was accompanied by a stranger who was tall, smooth-faced, about 28 years old, and dressed in dark clothes. They stepped in front of the bar for drinks, but did not get any as they had no money. They asked if they were good for the drinks and Crance told them they were not. Witness knows Will Butler, but does not remember having seen him in the saloon that evening. Witness has seen McDonald one evening the first of last week. McDonald asked Crance if he remembered what time on Dec. 21 he (McDonald) was in there. Witness told him he did not. McDonald said it might make a difference with him if he (Crance) could tell. He called for a drink, but did not get it for the same reason as before. Melvin Chapman was with him at this time. Witness could not state what day this was.

   The inquest was then adjourned until 2 P. M.

Little York Ice Co.

   The Little York Ice Co. has been incorporated with a capital stock of $25,000. The stockholders and directors are Messrs, Edward Keator, D. W.  Van Hoesen and T. H. Wickwire of Cortland and H. B. Stevens of Binghamton. Officers have been elected as follows:

   President—Edward Keator.

   Secretary and Treasurer—D. W. Van Hoesen.

   Messrs. Keator and Van Hoesen will look after the management and business of the company in Cortland and Mr. Stevens will manage the branch agency at Binghamton.

PHELPS INQUEST.

TESTIMONY OF DECEASED'S DAUGHTER AND SON.

Evidence Points Toward Suicide—Other Witnesses—Testimony Unimportant—End not Yet.

   The Phelps inquest was continued at McGrawville on Saturday afternoon. Miss Jennie May Phelps, the fourteen year-old daughter of the deceased, concluded her testimony and the son Herbert was put upon the stand. Four other witnesses were sworn and then the brother of the deceased was called. His testimony had just begun when the hour for adjournment came. On account of Coroner Bradford's appointment at Homer Monday morning to conduct the Quinlan inquest, the Phelps inquest had to be adjourned until Thursday morning, Jan. 8, at 10 o'clock.

   Miss Phelps was telling about the arsenic which had been purchased at Fish's drug store and continued. A little arsenic was mixed up with meal to kill rats. Her mother mixed it down stairs by the potato bin. All that was not used at that first time was taken possession of by Dr. Bradford after the death of her father. She went at two different times to Mr. Brown's to get some strychnine. Once was four or five weeks before Mr. Phelps was taken' sick, the other was while he was sick, and a day or two before the arsenic was purchased at McGrawville. She got what she thought was strychnine in a bottle at Mr. Brown's. When she got home and removed the wrapping from the bottle she found there was nothing in the bottle. She was present  at the house all the time her father was sick and until his death, except a little while on two different occasions on Tuesday. (He died on the Friday following.) Miss Phelps told the story about the bread and milk which had been referred to by several witnesses before. On Wednesday night (the night before he was taken sick) Mr. Phelps and his family returned at about 10 o'clock from an evening visit at Emmet Finn's. He asked for a bowl of bread and milk. Mrs. Phelps prepared it for him. As he drank the last of the milk he found a sediment in the bottom of the bowl and commented upon it. Mrs. Phelps said it proceeded from impurities which got into the milk while milking. Witness herself took the same bowl after her father had finished and without rinsing the bowl prepared more bread and milk for herself and ate it.

   Will Smith had been a frequent caller at the house. Mrs. Phelps had worked in Solon for the late Ephraim Smith. When he moved to Cortland Mrs. Phelps came along too, and it was some days before Mr. Phelps knew it. Witness had learned that on the Saturday before Thanksgiving Mr. Phelps came to Cortland and told his wife he wanted her to go home with him. She refused to do so, but told him she would come home next day with Will Smith. When Phelps got home he told his daughter about this, and said that when Will Smith came the next day he should tell him that he wanted him to take away from his barn the colt which he was keeping there and wanted him to stay away himself. Witness didn't hear her father tell him so though and didn't believe that he did so. Smith came the next day, but Mrs. Phelps was not with him. Mr. Phelps asked Smith if his wife hadn't come and he replied "No, she had a spell on and wouldn't come." Phelps claimed to witness that he afterward learned that his wife did come and stopped at Mr. Byron's and stayed there until Smith started back to Cortland next day and then she accompanied him, and didn't go home at all.

   On Saturday night before Thanksgiving Phelps told his daughter that when he reached McGrawville that night on his return from Cortland he thought he would go into Fish's drug store and get some strychnine, take it and end his trouble. Then he thought of his family and concluded not to do so.

   The next witness was Herbert Phelps, son of the deceased, a young man about eighteen years of age. He said that he had heard his sister's testimony and her statements of what occurred preceding his father's death and so far as he knew it was all correct. On the Saturday night so often referred to between 12 and 1 o'clock he sat by his father who was in bed. His father had been figuring up some matters and gave him the figures telling him to take care of them so that if he (the father) should be taken away the son would have them. His father also told him about certain deals that he had been having and told him to remember about them. Mr. Phelps said their conversation was to be a secret between himself and his son as he didn't want Mrs. Phelps to know anything about it. At one time witness went into the house and his father told him that he had been looking over witness' revolver but didn't find any cartridges. Witness said he put the revolver out of sight as soon as his father told him about that and that night slept with his father as he didn't know what might happen. The arsenic was kept in the pantry and Mr. Phelps went in there several times during his illness, always leaving the door open. Generally he went for something to eat. Unless they were specially watching him he could have taken the arsenic if he had so desired.

   At one time while sick Mr. Phelps asked for some water. His wife said better let him have some milk. While she was getting it Mr. Brown who was present handed Mr. Phelps some water in a dipper, raised him up and Mr. Phelps drank two or three swallows. While doing this, Mrs. Phelps returned to the room with the milk. She saw the dipper on the table with the water left in it, comprehended the case, inquired if Mr. Phelps had been drinking from that dipper and said sharply "Don't leave that water, throw it out of doors." Mr. Brown did so.

   Frank Pritchard, Deloss Pritchard, Alfred Smith and Herbert Cline, all neighbors, were sworn. They knew very little about the case. They were present at the house about the time of Mr. Phelps' death, but their testimony was unimportant.

   Adelbert Phelps, a brother of the deceased, was sworn, but his testimony had but just begun when it was 5 o'clock and an adjournment was taken until Thursday, Jan, 3, at 10 A. M.

CAPT. SAMUEL M. BYRAM.

A Prominent Cortland County Man—He Died Yesterday Morning.

   Capt. Samuel M. Byram died at 8 o'clock yesterday morning at his late home about one half a mile north of the county house. He has been ill for a year of cancer of the stomach and for the last month has been confined to his bed.

   Capt. Byram was born in Virgil Aug. 13, 1837. His father commenced business in Virgil in 1825 as clothier and before his death in 1842 became one of the first men of the town. He was colonel of a military regiment and filled many important positions. Capt. Byram enjoyed the benefits of a common and select school education in his native town and an academical [sic] course in the Cortlandville academy. He taught district school for a number of winters after which he took up the trade of a carpenter.

   He had a very brilliant military career. He enlisted as a private in Co. A, Sept. 19, 1861, but on the organization of the company was made first sergeant. He was promoted to second lieutenant March 16, 1862, to first lieutenant Sept 1, 1862, and to captain of Co. D, Dec. 19, 1862. In February, 1864, three-quarters of his company re-enlisted and the captain remained a veteran officer. While in the service he was in fourteen engagements. He was ill in a hospital with typhoid fever from shortly after Antietam until the following January.

   After Lieut. Col. Cook was wounded at the Wilderness the command of the regiment devolved upon Capt. Byram and he remained in command through the campaign to Petersburg until June 18, 1864, when he received a severe wound in the groin and was sent to the hospital at Annapolis, Md., from which he was honorably discharged by special orders from the war department, November 29, 1864.

   At the battle of the Wilderness he distinguished himself by bringing away the colors of the regiment under a most deadly fire. He was one of the five surviving sergeants at the twenty-fifth anniversary of the mustering in of the Seventy-sixth N. Y. S. Vols.

   After his discharge he returned to Cortland county, where he married Miss Laura Scott. He soon after purchased the sawmill and gristmill at East Homer and has since been occupied there. He has always sustained a reputation for honor, sobriety and uprightness. He was at one time supervisor from the town of Homer, was a prominent granger and a member of the Cortland Presbyterian church, and a member of the A. O. U. W.

   The deceased leaves a wife, a daughter and two sons, besides a large number of warm personal friends to mourn his demise.

   The funeral will be held at 1 P. M., Wednesday, Rev. J. L. Robertson of Cortland officiating. The members of the Seventy-sixth regiment in this section will attend in a body and the pall bearers will also be chosen from the regiment. The remains will he buried in the Cortland Rural cemetery.