HOUSE TRIAL CONTINUED, DR. MACFAYDEN, SPECIMENS OF WORK, FATAL ACCIDENT, RECOVERED, AND DEATH OF JOEL GEORGE

 

Cortland County Judge Joseph Eggleston.

Cortland Evening Standard, Wednesday, March 25, 1903.

THE HOUSE TRIAL.

Nearly Three Days Were Required to Secure a Jury.

SIXTY-SEVEN JURORS EXAMINED.

Two Extra Panels of Jurors Drawn—Jury Secured Before Last Panel Was Begun—Trial Proper Now Proceeding.

The Jury.

   Jay M. Ballou, Virgil, farmer.

   William H. Caldwell, Freetown, farmer.

   Herbert W. Wood, Cortland, wireworker.

   James H. Fellows. Truxton, farmer.

   A. H. Watkins, Cortland, merchant.

   Harley Sergent, Taylor, farmer.

   I. J. Walker, Solon, farmer.

   Stillman Wells, Solon, farmer.

   Valentine Jipson, Taylor, farmer.

   Chauncey D. Hyde, Cortland, mechanic.

   Perry Barber, Cortlandville, farmer.

   E. O. Kingman, Cortland, veterinary surgeon.

   The jury in the House manslaughter trial was completed at 3 o'clock this afternoon with the acceptance of Dr. E. O. Kingman of Cortland as the twelfth juror. To bring this about nearly three days were required. Two extra panels of jurors were drawn. Sixty-seven jurors were examined by the attorneys. After a short recess the trial of the case was begun.

Tuesday Afternoon.

   Harley Sergent, a farmer, residence Taylor, the first juror called at the afternoon session, said: I have an opinion, but if I was sworn as a juror I could lay aside that opinion and act impartially. I have a strong prejudice against circumstantial evidence. My present opinion was formed from the account 1 read in The Cortland Standard. I would endeavor to lay aside all prejudice and obey the court. He was accepted.

   Will R. Stoker, farmer, and resident of Scott, was called, but was not qualified and was excused.

   Myron Rowe, a farmer, of Cortlandville: I have a sort of impression, but no opinion which would interfere with an impartial verdict in this case. I have no prejudice against a man who has been indicted and would consider the evidence of the man just as impartially as I would if he had no interest at stake. He was excused by defense.

   Edwin Hulbert, laborer, Cortlandville: I have an opinion in regard to the case, but could lay it aside and decide impartially. I have some prejudice against circumstantial evidence. I also have strong prejudice against firearms. I could not give a man indicted the same impartial judgment that I could to a man not charged with a crime. If I was instructed by the court as to the nature of an indictment I would be able to lay aside my prejudice and give an unbiased decision. Challenged by defense.

   Henry Smith, farmer, Cincinnatus: I read an account of the transaction in the Cortland Daily Standard. I formed an opinion at the time which I still retain. I have strong prejudice against the use of firearms. The district attorney at this point asked juror if he had had any experience in the use of firearms. He replied he thought he had. Where, asked the district attorney. The juror replied, in the civil war. This afforded some amusement. Challenged by defense.

  Ira Greene, farmer, Taylor: I read the account in the Cortland County Sentinel. Have some opinion. He was disqualified and was excused.

   I. J. Walker, farmer, Solon: I read the account in the Cortland Standard at the time, but formed no opinion. If I was sitting as a juror I would give the defendants the benefit of every reasonable doubt. He was retained.

   Stillman Wells, a farmer, residence Solon: I read the account in the Cortland Standard. I have no fixed opinion about the case. Would follow the instructions of the law in regard to the case to the best of my ability. I have no prejudice against a man who is indicted and would give him the benefit of every reasonable doubt. He was retained.

   Isaac Henderson, butcher, residence Truxton: I read an account in the Cortland Standard, from which I formed an opinion. I could lay aside that opinion and render an unbiased decision and on all questions of law I would be guided by the instructions of the court. Challenged first for implied bias. Challenge not sustained. Exceptions. Challenge for actual bias. Not sustained. Exceptions taken. Excused by defense.

   L. D. Meacham, a farmer, residence, Willet: I formed a definite opinion from what I read. I could lay aside the opinion and give an unbiased decision. Disqualified because of relationship.

   William J. Greenman, a manufacturer, and a resident of Cortland: I have formed an opinion which would prevent me from giving an unbiased opinion. Defense asked witness if he would not like to be excused from jury duty. He replied he would. He had read the account in the Cortland Standard. Challenged by prosecution for a cause.

   John O. Kingsley, called and excused because he was disqualified on account of hearing.

   Orrin P. Gallup, a farmer, residence Homer: I read the account in The Cortland Standard. I have expressed my opinion to several persons. I have formed an opinion which I still retain. Challenged by prosecution.

   George W. Swift, called and was disqualified, as he was a relative.

   Herbert Fuller, a farmer, residence Taylor: I read the account in the Cortland Standard from which I formed an impression. I could lay that aside and render an impartial decision, Excused by prosecution.

   Charles H. Stevens, editor of the Homer Republican, and a resident of Homer: I had the charge of preparing the account published in my paper, making it up from other papers. I have an opinion, but could lay it aside and decide impartially in the case. I was acquainted with Orson House, as he was in my employ for a period of five or six months about three years ago. Excused by prosecution.

   Alvin Sanders, a farmer, and a resident of Cortlandville: Had formed an opinion which he could not lay aside. He was excused.

   Frank H. Cobb, wholesaler and resident of Cortland: I read the account in the Cortland Standard, from which I formed an opinion, which I could not lay entirely aside. Excused peremptorily by defense.

   William Nash, blacksmith, resident of Cortland: I have no opinion in regard to the case and think I could decide impartially. Defense asked him if he was sure he had not formed some opinion. He replied, a slight opinion, but had none now. When did you lose that opinion, asked the defense. Some time ago, as it was not worth carrying, was the reply. Excused.

Wednesday Morning.

   Court convened promptly at 9:30 o'clock with an increase in attendance. During the forenoon the matter of choosing jurors from the extra panel drawn was taken care of. Fifteen offered excuses which were accepted by the court as follows: H. E. Curtis, Cuyler, ill; Albert Delevan, Cincinnatus, age; Eugene M. Eastman, city, fireman; J. H. Gunn, city, ill; John Holmes, city, bearing; C. E. Ingalls, city, fireman; James Kane, city, ill; H. M. Kellogg, city, not in the state; John Litz, Truxton, misspelled name; W. A. Pierce, city, ill; Russell Quinn, Marathon, ill; Patrick Sheehan, Truxton, ill; William Thompson, Homer, age; Mark Wire, Taylor, ill; Lewis Wright, Homer, ill.

   Valentine Jipson, a farmer, residence Taylor: I read the account in The Cortland Standard. I have an opinion, but I could lay it aside, and decide the case impartially. I have no prejudice against a man who is indicted by the grand jury of his county. He was retained.

   Chauncey D. Hyde, a mechanic, and resident of Cortland: I read the account in the Cortland Standard, but formed no opinion. I could hear the evidence and render an impartial verdict. He was retained.

   Henry Kelley, a farmer, resident of Solon: I read the account in the Cortland Standard. I formed an opinion from what I read which I still retain. I have some prejudice against the use of firearms. Challenged by defense.

   Albert Hollenbeck, retired, a resident of Cortland, said: I read the account in The Cortland Standard. My impression of the case would not prevent me from rendering an impartial decision in the case. Challenged by prosecution.

   C. V. Reese, a farmer, residence Virgil: I have been acquainted with John House, Sr., all my life. In all probability that would have some weight with my decision. Excused.

   Henry Parker, a farmer, residence Harford: I read the account in the Cortland Standard. I have had an opinion ever since I read it and could not sit as a juror and decide the case impartially. Challenged by prosecution.

   Albert Card, farmer, Cortlandville called: Was disqualified because of relationship.

   C. W. Chapman, traveling salesman, residence, Marathon: I have a clear opinion which I could not lay aside, and decide the case impartially. Challenged by The People.

 

PAGE FOUR—EDITORIAL.

Dr. Macfadyen's Typhoid Antitoxin.

   If, as announced by late London dispatches, Dr. Allan Macfadyen has produced a typhoid antitoxin serum, another important step in advance has been taken in the science of medicine. The character and standing of the man making the experiments, now said to be successful, and the endorsement of his work by Lord Listor, who is known and honored for his great service to mankind in the promotion and establishment of antiseptic surgery, give warrant for belief that Dr. Macfadyen has come within sight at least of results which promise great benefits to the human race, though he may not have discovered an unfailing remedy for typhoid fever.

   Dr. Macfadyen is director of the Jenner Institute of Preventive Medicine in London. He is a learned and capable man, safely conservative and held in high esteem by all who know him or his work. The announcement will therefore receive the respectful attention of the medical fraternity everywhere.

   The report is that Dr. Macfadyen has found that by crushing the cells of the typhoid bacillus in liquid air the intercellular juices are obtained without living organisms and that these juices are highly toxic. Injected into living animals, they produce a blood serum which is effective as an antidote for and a destroyer of the poison generated by typhoid bacilli.

   The typhoid fever epidemic at Ithaca, N. Y., is but a single illustration of the fatal character of this dread disease. It is one of the most destructive of the common maladies affecting the people of this and European countries. The value of a typhoid antitoxin would be beyond estimate, and if it has been found by Dr. Macfayen he may well be hailed as a benefactor of the race.

 

SPECIMENS OF WORK

Of Pupils to be on Exhibition at the Teachers' Institute.

   School Commissioners McEvoy and Childs have issued a bulletin to the teachers of Cortland county in which they call attention to the fact that the annual teachers' institute of this county will be held in Homer in the academy building April 20 to 24. They urge teachers to bring to the institute specimens of pupils' work to illustrate the nature, scope and efficiency of the training in the schools. Samples of written work are desired. It is suggested that samples be selected from the regular daily work of the pupils. Space will be reserved for the exhibit from each school.

 

A FATAL ACCIDENT.

Relief Train Ran Down a Loaded Hand Car Near Ithaca, N. Y.

   There was a fatal accident on the Lehigh Valley railroad in the outskirts of Ithaca Monday night at about 11 o'clock. A passenger train from Auburn on the Cayuga lake division was stalled by a landslide about two miles north of Renwick. This was discovered by a trackwalker and the train flagged. Among the passengers were Attorney F. B. Tabor of Auburn who represents the Lehigh Valley R. R. and his wife who wanted to reach Ithaca in time to get the sleeper for New York. With the permission of the conductor of the stalled train a hand car was secured to take them to Ithaca. Silas Tabor, a Cornell student, was with his parents and also climbed upon the handcar with the Italian section hand who was to propel the car. As there seemed to be room they invited Mrs. Nora Bush and Miss Nellie Bower of Ithaca who were anxious to get home to get on the car too. There was a dense fog at the time along the lake. The party had passed Renwick and was drawing into the city when suddenly Mrs. Tabor discovered the tail lights not two rods away of a relief train backing slowly out to the landslide.

   Both train and handcar had supposed they had a clear track before them. "Jump," shouted Mr. Tabor, and all started to tumble off as best they could in any direction. Mrs. Bush and Miss Bower were not quick enough and were caught under the car in the collision. The former was so badly injured that she died very shortly. Miss Bower was believed to be fatally injured as her right thigh and abdomen were crushed. The others were considerably bruised, but have no serious injuries.

 

HAS RECOVERED CONSCIOUSNESS

But Has no Recollection of Whereabouts Over Sunday.

   Burr C. Blowers of McGraw, who was found on the sidewalk on Main-st. early Monday morning in an unconscious state, has recovered his consciousness, but declares that he has no recollection of anything after eating dinner at home Saturday noon until be recovered consciousness at home Tuesday. He says that he can tell nothing as to his whereabouts in the meantime.

   A resident of McGraw who is employed in Syracuse was in McGraw on Sunday and mentioned meeting Mr. Blowers in Syracuse Saturday night. Since this mysterious circumstance turned up this man has been telephoned to for particulars and reports that he met him on Fayette-st. between Salina and Warren-sts., and accosted him by saying ''Hello, Burr, what are you doing here?" and Mr. Blowers replied, "Why, I'm just up here for over Sunday."

 

Upon the Editorial Staff.

   William P. Webster of Truxton, N. Y., a freshman at Amherst college, has been elected an associate editor of The Student, the Amherst college weekly. This appointment in his freshman year makes it highly probable that he will become the editor-in-chief senior year. The March Bookman in an article on "American Undergraduate Journalism" says: "At some of the smaller institutions very creditable weeklies are published. Especially well edited among these is the Amherst Student."

 

Death of Mr. George.

   Joel B. George, father of O. K. George of this city, died yesterday afternoon at 3 o'clock at his home in Freeville, at the age of 74 years. The funeral will be held from the house Friday at 11 o'clock.

 

BREVITIES.

   —Regular review of the L. C. T. M. tomorrow evening at 7:30 o'clock.

   —A regular meeting of the L. C. B. A. will he held this evening at 8 o'clock.

   —The firm of Allen & Chubb has dissolved partnership. R. E. Allen will continue the carriage repair business on Groton-ave., opposite the Opera House.

   —Martin Hanrahan has purchased of Mrs. Ben M. Jaquish of New York City the house and lot at 99 Tompkins-st. and will take possession April 1. Consideration $3,500.

   —The new display advertisements today are: Perkins & Quick, Paints, etc., page 4; Forrest Seed Co., Garden tools, page 7; M. A. Case, Drygoods, etc., page 6; G. H. Wiltsie, Silks, page 6.

   —Judge Burr Mattice was sufficiently improved on Sunday so that he took a short drive and seemed benefited thereby. It is expected that he will be able to leave in a few days for New York City, and later will recuperate, probably at some point on the Jersey coast.—Oneonta Star.

 

TROLLEY TO LITTLE YORK LAKE, POPULATION OF PITTSBURGH, BRIDGE DOWN, AND FINCH-DOLE WEDDING

 

Cortland Semi-Weekly Standard, Tuesday, April 7, 1903.

TO LITTLE YORK.

Plans for Extending the Trolley from Cortland

To a Fine Lake Summer Resort.

Cortland County Traction Company Arranging for Land on the Shore of Little York Lake and a Grove upon the Slope of Mt. Toppin—Plenty of [Options] in Prospect.

   For some time the Cortland County Traction company has been looking wistfully toward Little York lake and has been desirous of securing a place for a summer resort which could have the advantages of water for boating and bathing. The local park has been very satisfactory in many respects; the great forest trees are probably not to be equaled in any park in the country, but there is not enough water in the river adjoining it for boating, and this always has been and always will be a serious drawback. On the other hand, if a fine resort could be fitted up along the shore of Little York lake this drawback would be obviated, and the longer ride from Cortland to the lake would also prove a feature, since the distance is not so great as to be tiresome, and taken altogether a fine park at Little York would probably be more of an attraction than the present one.

   During the spring the company has been making inquiries to see what could be done in the way of securing a place on the lake and has met with much encouragement. In fact, if all things turn out as it now seems likely, a summer resort will probably be fitted up this year and the trolley line be extended from Homer to the lake.

   The company has secured options on a tract of land along the west shore of the large lake, three-quarters of a mile north of Little York postoffice, and also on a number of acres of grove which includes the gorge on the eastern slope of Mt. Toppin. The pavilion which is now in the [Cortland] park will be moved, if the plans mature, to the shore of the lake, and suitable attractions of various kinds be instituted there. The grove on the mountain side would be admirably adapted for a picnic ground for parties large or small. The boating would be fine, and the bathing all that could be desired in inland waters.

   The route to be followed in getting to Little York has not yet been decided upon. There are advantages to be gained by taking either the east or the west road, and the choice will probably be determined by the solution of the engineering problem connected with its building. This matter is being looked into and a decision will doubtless be reached soon. If no unexpected difficulties arise it is altogether probable that the opening of the park season will find trolley cars running to Little York lake.

   As is known to a certain extent, some Syracuse parties have been through the valley in the towns of Homer and Preble within the last few days securing options with the idea of asking for franchises for an electric road, but this matter has no connection whatever with the plans of the local  Traction company, and furthermore, The Standard has learned upon what seems to be good authority that these Syracuse parties have no idea of building a road in the near future even if they should secure all the necessary options, so that this will have no bearing either way upon the local project.

 

PAGE FOUR—BRIEF EDITORIALS.

   ◘ The population of Pittsburgh has grown so under the great centralization of the steel industry which has been going on, that, notwithstanding active building operations, there are hardly enough houses and lodgings to go around. Rents have risen 15 to 25 per cent, and the spring moving season is finding many people almost crowded out of doors altogether. This is even worse than Cortland.

   ◘ Among the immigrants who landed in New York the other day was a woman 42 years old who had sixteen children. Her eldest daughter, 27 years of age, had seven children, and two younger married daughters had respectively five and four.

   ◘ The president’s coal strike commission attained distinction in one respect, whether or not it solved satisfactorily all the questions submitted to it. It lived within its appropriation. Congress set aside $50,000 for its use, and after paying clerk hire, traveling, living and investigating expenses, there is a balance to its credit of about $12,000.

   ◘ According to the Rev. R. W. McCullough, pastor of the Lowell Avenue Baptist church at Syracuse, the armies of the earth will meet in a terrific battle and destroy each other in the near future. The battle field will be between the Sea of Galilee and the Mediterranean. In Hebrew the locality is called Har Magedon.

 

BRIDGE WENT DOWN.

Freight Car Jumped the Track Near the Bean Bridge.

ON TROLLEY LINE NEAR MCGRAW.

Girders Prevented Two Cars from Going into the Water—Narrow Escape of Motorman and Conductor—Neither Much Hurt.

   There was a wreck at 3:35 o’clock Thursday afternoon on the trolley line at the Bean bridge near McGraw.

   There were tremendous possibilities for a bad accident, but fortunately part of it was escaped. The two men concerned received only slight injuries. Through traffic has been interrupted and the financial loss on the bridge will amount to quite a sum.

   The passenger car for Cortland left McGraw at 3:30 o’clock. It was followed at once by the motor freight car which was drawing a box car and an empty coal car. As the box car was just turning the curve in coming upon the Bean bridge over the mad cap creek that has figured so largely in washouts in the past the forward trucks went off the rails and the car shot off to the left upon a tangent. The end of the car struck the south side of the iron bridge and drove it off into the water. The side was fastened to the foundations of the bridge and these were driven off the abutments and fell clear down to the bed of the creek. The conductor on the motor car ahead was thrown ten feet down into the bed of the creek by the sudden tipping down of the side of his car when the bridge fell. Nothing in the world prevented the motor car and the box car from falling on him except some long steel girders that had been used on the trestle at the west end of the bridge during the washout last year. When the trestle was repaired these girders were drawn up on the bridge and remained there for storage. Though the flooring of the bridge went out from beneath them these girders supported both cars and prevented their going into the bed of the creek.

   Motorman E. H. Bowen suffered some slight cuts from broken glass and Conductor Walter Butler was bruised and cut some by his fail. Both were at work next day.

   Superintendent Maxwell with an extra car was waiting on the Greenwood switch for this car to pass so he could go to McGraw. When the accident was discovered Mr. Maxwell ran right down there and started the work of picking up the wreck. The motor car was brought to Cortland that night. The freight car was taken out Friday and it is believed the bridge can be sufficiently repaired in a few days to let cars pass over. It was a fortunate wreck.

 

FINCH-DOYLE.

Pretty Home Wedding at 7 East Main-st.

   A very pretty wedding occurred at 8:30 o’clock Thursday evening at the home of the groom’s sister, Mrs. W. H. Brown, 7 East Main-st., Cortland, when Ralph L. Finch and Miss Cora Doyle were united in marriage by Rev. Dr. David Keppel, pastor of the First Methodist church. The ceremony which included the use of the ring was performed in the presence of about forty of the relatives and near friends of the bride and groom.

   The decorations were in pink and white with a setting of Easter lilies which made a very pretty effect. The bride and groom were unattended. The Misses Rynders, at the piano and violin, played the wedding marches and furnished delightful music throughout the evening. The bride was attired in an exceedingly becoming traveling dress of blue. The happy couple received the cordial congratulations of their friends and then an elaborate wedding supper was served under the direction of Mrs. N. G. Markley.

   The wedding presents were numerous and valuable and included silver, cut glass, linen, handsome pictures, and pieces of furniture.

   The friends of the newly married couple were anxious to give them a fitting farewell for their wedding journey when they started for the train. Mr. and Mrs. Finch, however, had other plans and did not leave town until next morning, when they drove to Homer and took the 9:45 train for Amsterdam and New York, where they will spend their honeymoon.

   Upon their return they will be at home at 43 North Main-st. where they already have their rooms furnished for housekeeping.

   Besides the Cortland guests there were present at the wedding Mr. and Mrs. John Coye of DeRuyter, William Coye and Miss Charlotte Coye of Syracuse.

 

BREVITIES.

   — Cornell Heights has been annexed to the city of Ithaca.

   — Forrest Ladd of McLean has accepted a position with F. Daehler, the clothier.

   — Gideon Wright has broken ground for another new house on Stevenson-st.

   — Seymour P. Bloomfield has accepted a position with S. Simmons.

   — Harvard university is trying hard to get Charles E. Courtney, the rowing coach, away from Cornell. There seems little probability that he will accept.

   — Bishop F. D. Huntington on Wednesday celebrated t e thirty-fourth anniversary. of his consecration as bishop of the Protestant Episcopal diocese of Central New York.

   — One of our subscribers in Locke, N. Y., who notes the fact that some in this vicinity have been picking May flowers in March, says that he secured a  quantity of cowslips on March 24, and they were first rate too when prepared for the table. He thinks this discounts the May flowers.

 

"NOT GUILTY" HOUSE TRIAL VERDICT

 

Cortland County Judge Joseph Eggleston.

Cortland Semi-Weekly Standard, Tuesday, April 7, 1903.

“NOT GUILTY”

The Verdict in the House Case Reached at 3 o’clock.

DEFENDANTS WERE MUCH AFFECTED.

Brilliant Efforts on the Part of Both State Comptroller Miller and District Attorney Dowd in Summing Up—Judge Eggleston’s Fair and Impartial Charge.

   The jury in the House manslaughter case went out at about 11 o’clock Saturday morning. At 2:45 that afternoon word came from the jury room that a verdict had been reached and Judge Eggleston was sent for. At 3 o’clock the jury filed in to the court room which had already filled up to two-thirds of its normal capacity, the news of a verdict having quickly spread.

   Deputy Clerk Jones then inquired of the jury if a verdict had been reached and Foreman I. J. Walker replied in the affirmative and put into the hands of the deputy clerk, a written verdict. The deputy clerk then read the verdict “Not guilty.” The jury was polled and all assented to the verdict.

      Attorney Miller immediately moved the discharge of both defendants, Orson A. House and John H. House, and the motion was granted. The court then thanked the jury for the faithful way in which it had discharged its duties and dismissed it.

   Court then adjourned to the chambers of the judge on May 11.

   Defendant Orson A. House was greatly 'affected by the verdict and wept copiously His wife who throughout the whole trial had continued close at his side moved still closer to him and seized both his hands in hers and mingled her tears with his. The father, John C. House, who was several days ago acquitted of any complicity in the matter, was also much affected, but Defendant John H. House maintained the same air of stolid indifference to the verdict which has characterized his action from the outset. The entire party returned home to Lapeer that night.

   Court opened Wednesday afternoon at 3 o’clock, after a day’s recess.

   The defense in the House-Bennett manslaughter case continued to produce evidence. One important witness, Orson A. House, one of the defendants, occupied the stand most of the afternoon. He was very nervous throughout most of his testimony, and several times broke down and wept. The courtroom was packed and much interest was maintained during his testimony, which was listened to with the closest attention by all.

Orson A. House.

   Orson A. House, one of the defendants, residence Lapeer: Our family consists of my wife, my brother, my father and myself. At the time George Bennett was shot, my father, brother and myself were all there was in the family. My mother has been dead five years. George Bennett came to our house to live March 1, 1901. They lived in one part of the house. My father and brother and myself occupied the other. It was on the last Thursday in February that Johnnie Bennett came after the last load of goods when they moved away. Friday he took it away. I cleaned up the house on the following Monday, sweeping and mopping and washing windows. Some of the window fasteners were broken and I fastened the up. It had been my custom to see to that our own part was securely fastened. After the death of Frank Miller, which occurred in the adjoining town, we always took precaution to see that the doors and windows were securely fastened.

   I heard Mrs. Bennett testify in regard to my telling her to hit Geo. Bennett with a club. Mrs. Bennett came into our part with a woman who was there visiting and showed me the bruises on her eye, and also said her hip was bruised. This lady spoke up and said Mrs. Bennett was an ignorant woman and did not understand the laws of this country, and for me to tell her what to do to defend her rights. I asked Mrs. Bennett if she could not handle George, and she said, ”No.” I asked her if she had ever tried it, and she replied “Yes.” She said he had struck her before with a club. I did not think of anything else to say, so I said “The next time he does it, take a potato masher to him.” I did not issue any warrant for his arrest, but Mrs. Bennett asked me to go into the lot and talk with George.

   Johnnie told me when he came on Thursday that his father was sick abed, and under the doctor’s care, and that they did not expect him to live. He said we would probably never see George again. Father asked him if it was his old complaint and he said it was.

   On the night of March 3 I went to bed about 8 o’clock. This was about the usual time for me to retire. I was awakened during the night by father calling John, asking him if he was up. I heard John make some reply. The next sound I heard was some glass falling in the room below me. I got out of bed. John then came in. The noise continued down stairs, so I unhooked a door and went into the room leading out of the attic and called out, “Who is there and what is wanted?”

   John followed me out and called out the same thing, but we got no reply. I went back and went down stairs, went into the kitchen and found father. We conversed about what was best to do. Father offered to go to Ed Miller’s and get him to come, but John told him he was too old to go, and that he (John) had better go. I had not dressed up to this time. John took his boots and put them on in the stormhouse, softly going out. I locked the doors behind him. We were both scared to death. I thought of everything that had happened for a number of years back.

   I finally went to the door again and asked what was wanted, and told them to get into the road, for if they didn’t I was going to shoot. The gun was in the attic and I went up after it, and I yelled again, but got no reply. I think I shot down through the stairs, and then down through the floor. I did not know just where I was shooting.  I opened the window in the attic, and yelled “Murder and Police,” and everything else I could think of. Then I pointed the gun out of the window and fired just as fast as I could, until the magazine was empty. I did not think any one was around that part of the house when I fired. My intention was to let them know I had a weapon, and frighten them away. I could not see anything outdoors as it was very dark. I was about frozen, as I still had my nightclothes on. I grabbed my clothes and went in and got some more cartridges and then went down stairs where father was and dressed.

   In a little while I heard some one calling to me and I recognized John’s voice, and let him and Harry Gleason in. Harry had a gun with him and a lantern, and he lighted that and we started out. I took my rifle. Father started to go with us and Harry told him to stay in the house and lock the door. We three started out, Harry being ahead most of the time. We went into the driveway and found a couple of tracks pointing to the north. We saw some other tracks and followed them around the house. Harry flashed his light and then went to the window. We saw the window light was broken out. We then went to the outhouse and saw the blood on the floor. We went in another direction around by the sugar bush. After looking about there for a time we came back. We heard a noise that sounded like a door blowing, and that scared us most to death. We saw a fresh track and Harry said, “Why, they’ve gone,” and so we three started towards the road. When we came back we went into the stormhouse.

   I first saw a pair of boots and legs and later saw a form on the floor. Harry went up to him and asked him who he was and where he lived, and he said Homer. Father heard us and came out and bent over to look at him, and he exclaimed:

   “It’s George Bennett.”

   We talked about getting a doctor, but decided it was better to take him to Marathon. John and Harry Gleason took him in a cutter to Dr. Field’s and I stayed with father. I lay down on father’s bed, but cannot say whether father lay down or not. John returned in the morning. I did not know when I fired that gun that George Bennett was anywhere near there.

   Cross examination: I did consider it necessary to fire the shot to defend my father, brother and myself. We had money in the house and I did not know whether they were after that or my life. During the time that Geo. Bennett was there I did most of the housework. I was at one time canvasser for the Homer Republican. We had some trouble with the Bennetts over the cows. The Bennetts gave an oral bond, or in other words said they would give us a chattel mortgage. At different times we heard of Mr. Bennett trying to sell the cows, and of Mrs. Bennett trying to sell the cows. I did not know whether my father had paid anything whereby they could claim title to them or not. I had taken advice of Mr. Wilson and on the 25th of February when the men came after the cows I forbade them taking them away. I did not go out armed with a club. I had a cane. I did not know at the time Harry Gleason, my brother and myself were making the search around the premises that Geo. Bennett lay inside woodhouse injured. I am positive about this.

   I do not remember having stated to Mrs. Overton during the past six months that upon advice of my counsel I got married, because it would have a tendency to excite sympathy, and that I knew nothing about it until the day before I was married.

John H. House.

   John H. House, one of the defendants, aged 32 years: I was at home the day Johnnie Bennett came for the last load of goods. My father inquired how they were all getting along at home, and Johnnie replied that George Bennett was sick abed, and that he did not believe he would last long. Father inquired as to the trouble and he said George was having his old trouble. I was present on March 3, the night of the shooting. I was awakened from a sound sleep by my father calling. It sounded as if he said, “John, are you up?” I got up and found Orson up, and heard him calling “Who’s there, and what’s wanted?” I called out the same thing and did not get any reply. I went down stairs and found father. He was scared and we were all scared. Father said he would go after Mr. Miller, and I told him he had better stay at home. I started after Mr. Miller, but didn’t get him and then went for Harry Gleason. When we came back I asked father if he had heard any more of the noise, and he said yes, and Orson had shot some, but he did not know as he had hit anybody. We started out and Harry told father he had better go back and lock the door, so he did.

   We started around the house to see what we could find. We saw tracks, and a broken window. And then we went to the outhouse and saw a pool of blood. From there we went up the direction of the sugar bush and there we lost track of it. We came back and found a fresh track, and Mr. Gleason said, “Here is where the man has gone.” We followed that to the road and then came back again. I heard a sound in the woodhouse and we looked in and saw a man lying on his right side. We all three went into the house together. His head was turned so you could not see who it was. I went up to him and looked at him and saw that it was Geo. Bennett. We then prepared to take him to Marathon. Mr. Gleason put some mittens on his hands and we wrapped him up in a Buffalo robe, and Mr. Gleason and I took him to Marathon.

   Cross examination: I never had any trouble with Geo. Bennett, and always felt friendly toward him. We claimed the stock as a fulfillment of the contract made by Geo. Bennett. I do not remember having called Bennett any names the day the men came for the cows. I was not present when the shooting occurred, and all I know about it is what Orson told me. He said he was so scared he thought he would kill himself.

John C. House.

   John C. House, father of Orson and John H. House, aged 66 years: My family consisted of myself and two sons on March 1, 1902. I retired on March 3 about 9 o’clock. I am in the habit of waking up at frequent intervals. I cannot say whether I had gone to sleep at all that night. About midnight I heard some one outside trying to push a door open. I next heard some glass falling, and I got up and called to the boys. They came down, and we decided to start for one of the neighbors. I offered to go and John said, “No, you had better let me go; you won’t any more than get started before, you’ll give out.” He took his boots and put them on outside, and Orson fastened the door after him. I remained in the kitchen while Orson went up stairs. I heard him shouting, “Who’s there, what’s wanted?” and “Get away from the building.” I heard firing, and in a little while Orson came down stairs with his gun in his hand. In a little while John and Mr. Gleason returned and Orson opened the door and let them in. In a little while they went outdoors again, and when I started with them, Harry Gleason told me I had better go back in the house and fasten the door. I went back in the house and looked out of the buttery window, I saw a form pass by, but it was not light enough for me to tell much about it.

   When the boys returned I heard them talking in the stormhouse, and I went right out where they were. I saw at once a man was lying upon the floor and I went up to him and recognized George Bennett at once. We had some talk as to what was best to do about getting a doctor, and we thought best to take him to Marathon. I had no reason to believe that Geo. Bennett was about the premises. If I had thought anything at all about it, I should have thought he was too ill to be there, as Johnnie told me when he came there after the last load of goods that I probably never would see him again.

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I had, m oney -with me tb a t night, between

$90 an d $95. I t was -my custom

to keep som e ononey with me a ll the

time. . , ,

C ross ex am in atio n : I alw ays have

h a d friendly feelibgs tow ard Geo.

B ennett. M y memory is ju st a s good

now as ib was a few hours after the occurrence.

I h a v e thought o f it evbry

m inute since, add I bave never been

a b le to see w hat Geo. B ennett came to

th e house for. as he had do goods

there ith a t were of any value, ju st a

few o ld tra p s.

Dr. S. J. Sornberger.