A VILLAGE MARE'S NEST

Main Street, Cortland, N. Y. circa 1899.

Cortland Standard Semi-Weekly Edition, Tuesday, June 25, 1895.

A VILLAGE MARE’S NEST.

BUT NO MARE THERE—AND NO EGGS, FRESH OR STALE.

The Village Making and Not Losing by the Liquor Prosecutions—Good Government Profitable.

   The Standard opposed the election of the gentlemen who make up the majority of our village board of trustees. It did this, not because it doubted that they would make good and faithful officials, but because they were not the regular Republican nominees and because it believed that if the Republicans who made the citizens’ movement a success had attended their own caucuses they could have secured the ends they were aiming at just as well as by an independent ticket. But we are ready to bear testimony to the earnestness, honesty, and determination with which the entire board has sought to enforce the laws and establish good government in this village. So long as the board seeks to discharge its duty in this upright, fearless and energetic manner, it will have our support in whatever it does, and we stand ready to defend it against any and all who may assail it unjustly,

   Within the past week the board has been made the subject of an outrageous attack, charging it with squandering the people’s money to pay lawyers’ fees and perjured witnesses in liquor cases, overdrawing the village bank account to the amount of $7,000, looting the contingent fund to pay illegitimate expenses, etc., etc. It is a question whether the author of this attack is not liable to indictment on account of it. The object of the attack is plain. It is to make the people believe that the attempt to secure the enforcement of the liquor laws is a failure and a costly one.

   Now what are the facts? The total amount thus far paid to the village attorney is $150. Five dollars have been paid for witness fees and $3 for use of telephone. There has been collected in fines, etc., in the liquor cases $85, and judgments have been obtained for $300 more besides costs, so that all the money it has actually cost the village so far for liquor prosecutions is $73. If the judgments in its favor for $300 are collected it will be $227 ahead.

   The charter of the village expressly authorizes the employment of an attorney, and Mr. Palmer’s services have by no means been solely confined to liquor cases, but he has rendered and will render service in miscellaneous matters pertaining to the village’s relations with the electric road, and other interests. His pay is a legitimate charge on the contingent fund, as every one knows. Of the $3,000 contingent fund for the year, the expenditure of only about $1,000 is absolutely foreseen, the residue standing to meet emergencies.

   Now as to the village bank account being overdrawn, it has been overdrawn at this season every year for years’ past—and no more this year than in some previous ones. The appropriations voted in March are to cover the village expenses till the next March, and the taxes are not collected till September. Consequently every year the village government has to run “on tick” or credit from March till September. Every bank which has had the village account has allowed this overdraft, and the comptroller of the currency on being appealed to to pass upon the legality of it ruled that it was a matter to be decided according to the judgment of the directors of the individual bank. The question came before the board of directors of The National bank of Cortland this year as to whether they would allow this overdraft to be made. In view of the ruling of the comptroller, and the fact that the overdraft is in reality a loan bearing interest, and in this case is secured by a first lien upon the tax levy, and the president and each member of the board of village trustees are individually liable for the whole amount of the overdraft, and the additional fact that the village treasurer and all of his bondsmen are also individually liable for the overdraft, the directors decided that it was an admirably secured loan and authorized the president to permit it.

   That this overdraft is a vicious custom there is no doubt, but no board of trustees thus far has had the nerve to take the responsibility of increasing the tax levy 50 per cent for a single year so that the village treasury would be in funds till the taxes come in. Whoever, therefore, holds the present board blamable for this overdraft, either knows nothing of what he is talking about, or is guilty of intentional and wicked lying. The attack on the board is too contemptible to deserve notice, and we would not dignify it by notice were it not that some people, not knowing the facts, might otherwise he deceived.

THE EXCISE CASES.

What Good Government has Accomplished so Far.

   So far the cause of good government as embodied in the attempt to enforce the excise laws in Cortland village stands as follows: Twelve actions have been begun against the proprietors of saloons, of which seven were civil actions brought by The Village of Cortland to recover the amount of a fine of $100 imposed by the village trustees for each violation of the excise laws, and five were criminal actions brought by The People of the State of New York, for such violations.

   Of the seven civil actions four have been settled without trial by the payment by the several defendants of the sums $30 or $40, the amount differing in individual cases. These four cases included the actions brought against John Drake, Timothy Noonan, C. M. Smith and A. D. Wallace.

   In the civil actions brought against John H. Howard and Charles H. Warren no defence was put in and judgments for the whole amount of the fine—$100 and costs—were taken by default.

   In the civil action against A. J. & M. McSweeney the case was tried and was vigorously defended and the prosecution secured a judgment for the full amount of the fine with costs.

   In three of the criminal cases brought by The People the prosecution was beaten through the impeachment of their witnesses. These were the cases against John H. Howard, Frank H, Bates and Anna Bates.

   One criminal case in which R. Burns Linderman was the defendant was dropped because the witness for the prosecution was supposed to be in Canada.

   The other criminal case, which is the only case now on hand, is also against R. Burns Linderman. The trial of this is set down for July 15.

   The proprietors of four hotels and saloons have voluntary promised to close their places and they are supposed to be closed. These are the Owego House on Owego-st., C. M. Smith on Owego-st., Thomas Conway, Railway-ave., and Wm. Nash on Elm-st.

Photo from Grip's Historical Souvenir of Cortland.

THE MASS MEETING.

President Higgins Says There is no Reason For Giving Up the Fight.

   There was a fair attendance at the mass meeting in Taylor hall Friday night. The object of the meeting was to look over the status of the cause of good government in Cortland. The meeting was called to order by Rev. W. H. Pound. After the singing of a hymn led by E. L. Dodd, prayer was offered by Rev. J. L. Robertson. It was announced that Rev. J. A. Hungate of Homer, who was expected to speak, was ill in bed and was unable to be present.

   B. T. Wright was named as chairman and after a few introductory remarks, introduced Village President F. W. Higgins as the first speaker of the evening. Doctor Higgins gave a resume of the work of the new administration in its campaign against the saloon. He said he had no excuses to make and that, although discouragements had been met with all along the line, some success had been attained and there was no reason for giving up the fight.

   He was followed by Dr. L. H. Pearce who gave a spirited address urging more interest and sympathy on the part of the public in this struggle. He congratulated the people on having as village president a man so bold and fearless, who is sure he is right before he goes ahead.

   A collection was then taken up and the meeting was dismissed.

VERDICT OF GUILTY.

VILLAGE OF CORTLAND VS. A. J. & M. MCSWEENEY.

Good Government Scores the First Victory Where Any Defence is Attempted.

   The cause of good government in Cortland Friday scored the first victory that has been gained in the prosecution of the liquor cases, where any defence has been attempted. In two other civil cases previously tried judgments were found, but in both those cases no defence was put in, the prosecution proved their cases, judgments were ordered and appeals were taken. In the civil case of The Village of Cortland vs. A. J. & M. McSweeney, which was tried before Justice Bull Friday, the case was vigorously prosecuted and obstinately defended. The action was to recover a fine of $100 for an alleged violation of a village ordinance in respect to the sale of intoxicating liquor. Village Attorney I. H. Palmer appeared for the prosecution and Enos E. Mellon and Edwin Duffey for the defendants.

   The whole forenoon was spent in the selection of a jury which when obtained and accepted consisted of William Rounsvell, J. W. Fisher, W. A. Stevens, Fred Brooks, Lester Cooper and Daniel Thomas.

   In the afternoon the trial of the case was begun. Mr. Palmer made a brief opening and then introduced as documentary evidence a certified copy of the ordinance passed by the village trustees at a meeting upon March 25, 1895. This ordinance imposed a fine of $100 for violations of the excise laws. Mr. Palmer was about to prove the publication of the ordinance, but this was conceded by the defence.

   John H. Phelps was the first witness called. Mr. Phelps testified that he was a member of the board of excise of the town of Cortlandville; he had been in attendance upon every meeting of the board during the present year and no license to sell liquor had been granted to the defendants.

   James Miller was then called. He testified that on May 18, 1895, he was at work for Aden Kenfield, who lives on a farm on the hill between McGrawville and East Homer. He was in Cortland that night and about 10:30 or 11 o’clock was in the defendants’ saloon with Fred Morgan, He saw Defendant M. McSweeney and was by him served with the liquor which witness knows as whiskey. Morgan and he each drank a glass of it and Morgan paid for it the sum of twenty cents. Witness felt the effects of the liquor.

   On the cross examination witness testified that he had drank two glasses or so of cider before he and Morgan left home that night. He didn’t remember drinking anything in McGrawville, but wouldn’t swear that he didn’t. They had a half pint bottle of whiskey with them that witness had had in his trunk at home for some time. He and Morgan both drank from this after leaving McGrawville and by the time they reached Cortland there was not much of it left. Witness and Morgan went into McSweeney’s together, Morgan inquired of M. McSweeney at the bar, “Have you any of that old hardware?” They got something at once. Witness also had a box of sardines and two eggs and a glass of cider at McSweeney’s. Morgan paid for it all. Witness testified that he wasn’t awful drunk when he left there, but he wasn’t straight either. It takes quite a little bit of liquor to upset his brain. Witness wouldn’t swear positively that what he had at McSweeney’s was whiskey, but would swear that it was liquor, and that that liquor helped to make him drunk. After leaving McSweeney’s they went down Main-st. to the corner of Port Watson-st., where they met Officer Jackson. He told them to come along with him and put them in the cooler. This was Saturday night and they stayed there until Monday when they were fined. Witness had been intoxicated before, but had never been arrested before,

   On the redirect examination witness testified that what he drank there called “old hardware” is what he had previously drank and what is known as whiskey.

   Recross examined witness said that he would swear that what he drank there was what he had on other occasions called for over the bar and got as whiskey.

   The next witness was Fred Morgan of McGrawville, who testified that on May 18 he worked for Aden Kenfield. He came to McGrawville and then to Cortland that night with Miller. They went to McSweeney’s. He called for hardware or hardstuff or something like that. A bottle was set up on the bar and they poured out a glassful each. Witness wouldn’t swear that it was whiskey, or an intoxicating drink, but he knew that something had an effect on him that night; he was a little off, but not much. Witness thought Officer Jackson differed with him on this question, at any rate he arrested him. Witness said he had previously drank what they call whiskey and he presumed that this which they had this night was whiskey, in fact his best recollection was that it was whiskey.

   On the cross examination witness said that he and Miller each drank a small pitcher full of good old hard cider that night before they left home. The pitchers would probably hold two or three glasses each. They drank the half-pint bottle of whiskey on the way to Cortland. Visited four or five saloons before going to McSweeney’s.

   On the redirect examination witness said that what he drank produced partial intoxication. They drank the hardware before they ate the sardines and eggs, and then had cider with their lunch. Witness paid for it all; paid twenty cents for the hardware. Ten cents per drink is the current price for whiskey in Cortland.

   The prosecution then called John Burrows, a truckman of Cortland, and tried to prove by him that he had delivered whiskey in casks or otherwise to the defendants, but witness swore that he hadn’t delivered anything to them in six months. Defendants’ counsel took exceptions to his whole testimony on the ground that the case on trial was not as to whether defendants bought whiskey, but whether they sold whiskey.

   The prosecution then rested their case and the defendants’ counsel moved that the complaint be dismissed and that the plaintiff be non-suited as they had not proved a cause of action, 1st because they had not proved that any liquor was sold contrary to law, and 2nd, because they had not proved that liquors of an intoxicating nature had been sold. The motion was denied.

   The first witness for the defendants was George Kenfield who testified that he knew Miller and Morgan and saw them in McGrawville on the night of May 18. They had been drinking then and invited him to drink.

   The second witness was Michael McSweeney, one of the defendants. He testified that he was in his saloon on the evening of May 18. He knew Miller and Morgan by sight. They were in his place that night and asked for something to eat. They had eggs, sardines and cider, and that was all. Witness waited on them himself. There was a dispute about the bill. It amounted to 30 cents. Morgan pulled a half dollar and a quarter out of his pocket, but concealed the former and claimed that 25 cents was all he had and wanted witness to accept it as payment in full, which he did. Miller was what witness would call drunk; Morgan was partly intoxicated. Witness told Morgan he had better look out for his friend or he would get into jail.

   On cross examination witness said he was one of the proprietors of a restaurant on Main-st. They had a bar; it was partly fitted up with apparatus for drawing beer. There were bottles with labels on them behind the bar. They all contained cider, strictly temperance drinks. Witness was asked the question if he would swear that he had no bottles there containing nothing but cider. He said he would not. He was asked the question if on May 18 he had strong, spirituous and intoxicating liquors or ale in bottles and casks. Witness declined to answer this question on the ground that it would tend to incriminate himself.  The court decided that this would not tend to incriminate him, as there was no law against his having these in his possession, and that he must answer the question. Witness replied that he did have them. He was asked if he kept them for sale. Defendants’ counsel objected to the question and the objection was sustained.

   The next witness was John Harrington of Cortland. He testified that he was in the McSweeney place from 9 to 12 o’clock on the night of May 18. He saw Miller and Morgan there and heard them ask for something to eat. The older man (Morgan) called for sardines and asked the other to have some. They had two eggs, some sardines and a glass of cider each. Witness here told the same story as the last witness about the dispute over the price. On cross examination witness said he had a lunch at the same time that the other two did.

   Patrick Walsh of Cortland was next called. He testified that he was in the McSweeney saloon on the night in question. He saw Morgan there. He didn’t pay any attention to the other. His attention was attracted to Morgan because of the dispute about the price. Morgan was sober,

   On cross examination witness said he went to the saloon for a lunch. His refreshment consisted of boiled eggs and glass of milk. That was all he remembered having.

   The defence then rested and the evidence was declared closed. Defendants’ counsel then renewed the motion for a non-suit and also based the motion upon the following additional ground that it now appeared from the whole evidence that a cause of action was not established. The motion was denied.

   The case was then summed up and it went to the jury which in about a half hour brought in a verdict of guilty. Justice Bull then entered a judgment for the whole amount claimed with costs, making a total of $109.55.

THE JERSEY CALF FOUND

On an Island in the River, Dead and Partly Dressed.

   The Jersey calf belonging to S. P. Cleary, 117 North Main-st., which was reported in last Thursday’s issue of The Standard as stolen, was discovered by two gentlemen on Saturday on a small island nearly opposite the point where Dry creek empties into the Tioughnioga river. The calf had been dead for some time. The head was severed from the body and the hide was partly removed. Nearby was a shovel, a torch, and a wrench. Appearances indicate that the thieves becoming alarmed perhaps by fishermen who are often in the river with torches at night spearing fish, had taken a hasty leave of their spoil and thinking they might be captured, had abandoned it entirely, or possibly they may have been the same parties who last summer tortured and maimed a cow belonging to Mr. David Benham.

   Since Saturday one of the two gentlemen who made the discovery of the calf found erected on the same island a bough house in the form of a wigwam, the structure being made of alders, the leaves forming a complete thatched roof. At the top where the alders centered, pieces of new braided wire had been used to fasten them together. Inside were various articles. Among the rest a long rope and in the centre and at the top of the wigwam a gambrel had been fitted up for the purpose no doubt of suspending the calf while being dressed.

  

Standard block.

Draper thermograph.

THE WEATHER SIGNALS

ARE AGAIN DISPLAYED ON THE STANDARD’S POLE.

Arrangements also Made for Fuller and More Accurate Reports of Temperature Changes.

   The Standard on Monday resumed the display of weather signals, which has been interrupted for the past few weeks by the taking down, painting, repairing and putting up again of the signal pole. Hereafter we hope to have the flags flying daily.

   We also hope, before long, by arrangement with the Government Weather Bureau station at Cornell university, to have erected on the grounds of the Normal school a suitable shelter for the Draper thermograph, or self-registering thermometer, which is now fastened to the outside wall of the Normal building, and also to have placed under this shelter accurate self-registering maximum and minimum thermometers which will give a perfect record of the extremes of temperature during each twenty-four hours. The thermograph which has been in use, while valuable in showing a history of the temperature changes, is not sufficiently sensitive to give an accurate record of the extremes. With the shelter and the self-registering thermometers, however, which have been promised us by the Weather Bureau authorities, we shall be able to correct the readings of the thermograph so as to give as perfect a history of both extremes and changes of temperature as the best scientific instruments are capable of making.

   In connection with the resumption of displays of the weather signals, it ought to be stated that the sixty-foot display pole, which is quite a heavy one, and extends six feet through the roof of the Standard building was taken down and replaced by one man—John W. Jones, familiarly known as “Long” Jones. Mr. Jones looked after some helpers, but the men he applied to thought the task a dangerous one and declined. Whereupon he coolly went to work and did the job unaided. The handsome weather vane and ball which now surmount the pole are also his work.

BREVITIES.

   —It is estimated that fifty people from Cortland spent Sunday at Glen Haven.

   —The state convention of the People’s party will be held in Empire hall, Syracuse, August 20.

   —Representatives of Orris Hose will go to Homer Wednesday evening to exhibit the new ball nozzle recently purchased by them.

   —All the mail carriers are to-day rejoicing in new mail bags which arrived Saturday to replace the old ones which were pretty well worn.

   —The new Graham block on Main-st. is fast nearing completion. The iron front is all in place and nearly all the lathing is completed.

   —Mr. Albert Clark has in his yard on North Main-st. a pear tree having half-grown pears and a large number of blossoms on it at the same time.

   —Colgate university at its commencement this year conferred the degree of “LL. D.” upon Superintendent of Public Instruction Charles R. Skinner.

   —Mr. Christopher Mulvany died suddenly of intestinal obstruction at his residence, 87 Hubbard-st. at 10 o’clock Friday morning, aged 65 years.

   —Mrs. Sarah E. Eldredge died at her residence, 43 Owego-st., Thursday afternoon. The funeral occurred Saturday at 1 o’clock P. M. Burial at Preble.

   —E. F. Cotton has rented the store in the Reilly block one door west of the market on Railroad-st. and has opened a grocery with Mr. C. Cotton in charge.

   —The Cortland baseball team have made an engagement with Mahoney of St. John’s Military school, Manlius, to pitch for them the remainder of the season.

   —Lincoln lodge, I. O. G. T., will hold a social on Wednesday evening, June 26, at the home of Mrs. Nina Bean, last house on the left hand side of Miller-st. All are invited,

   —Hon. Peter Burns, one of the oldest and best known citizens of Syracuse, died at his home in that city Thursday night at the age of 81 years. Mr. Burns laid the corner stone of the Congregational church in Cortland.

   —Dr. M. R Smith and Mr. C. H. Edwards of McGrawville went fishing at Glen Haven Wednesday, The doctor caught seven fish which weighed fourteen pounds. Mr. Edwards caught six fish which weighed eighteen pounds.

   —The case of Charles T. Peck against the sewer contractors was continued Saturday before Justice Dorr C. Smith.  Only one more witness was sworn and the evidence on both sides was closed. The justice took the usual four days in which to render a decision.

   —The Cortlands defeated the Mystics of Syracuse on Saturday at the fair grounds by a score of 15 to 2. The game was one of the best of the season and was well played except where in the second inning the Mystics got rattled and the home team put in eight scores.

   —Hugh Jennings, son of E. F. Jennings, Homer-ave., was shooting firecrackers Saturday when one of them went off too near his face, the powder filling his eyes and face, He was taken to the office of Dr. C. E. Bennett who dressed the wounds. The sight was not injured.

   —L. A. Stoner of Troy was arrested by Officer Monroe in Utica on Thursday on the charge of skipping a twenty-three dollar board bill in Cortland some weeks since. He was brought before Justice Bull Friday morning and the case was put over ten days. He is in jail in the meantime.

   —Bishop Coxe is reported to have said once that he had never seen a lady on a bicycle and never would. If he is still trying to live up to that statement, the New York Tribune remarks that it must be rather difficult for him to walk the streets of Buffalo. But as likely as not he never made the remark.

   —Nearly seventy men are engaged at work for the Cortland and Homer Traction Co. Some are engaged in removing the track on Main-st. for the sewers, others are at work grading in the park near the Port Watson bridge and others are working on the grade to McGrawville. The track will be laid on the south side of the carriage road.

   —There will be a rush for teachers places under the Mount Vernon, N. Y., board of education. They recently closed the public school and deprived a thousand or more children of their half day’s instruction in order that the teachers might attend a wedding. For courtesy and a desire to please the Mount Vernon board take the cake—yet some of the New York papers are shying stones at them.

   —It is hoped that no Cortland officer in the discharge of his duty will have the experience of Policeman Foley of New York, who was badly bitten in the leg one day lately by a big mad negress. There is about as much danger from a bite by human teeth as there is from a mad dog bite. The teeth are covered with microbes which promote blood poisoning, and should never be used for offense or defense except upon desperate occasions.

   —Fifteen students at the Normal college at Albany have died of typhoid fever during the past year. Even while the commencement exercises were in progress to-day, the funeral of one of the members of the graduating class was being held, and the beautiful white dress made for her graduation was her shroud. The college authorities say the sanitary condition of the college building is perfect, and that the Albany water is to blame.

   —The twenty-seventh annual commencement of Cornell university took place Thursday. The degrees conferred included arts 29, philosophy 24, letters 1, science 24, agriculture 4, architecture 18, civil engineering 29, mechanical engineering 36, electrical engineering 51 and law 76. A large number of honorary degrees were also conferred. The attendance was large and included many distinguished people. Among those on the platform were ex-Gov, Cornell, Senator Pound, George W. Smalley and ex-President White.