LAWSUIT IN FABIUS

Cortland Evening Standard, Saturday, March 25, 1893.

LAWSUIT IN FABIUS.

A Celebrated Cortland Case Tried in Onondaga County.

   It is sometimes the custom when a case that has excited much interest is to be retried for any reason and there is a fear that it will not be possible to get an impartial jury in the same place, for the court to order its transfer to another county for the second trial. It has not been stated on the best of authority that this was the reason which led to the retrial last night in Fabius of the celebrated breach of promise suit of Susan Singleheart vs. Philip Do-em-up, which was first tried here last fall in Normal hall, but at any rate for some cause or other there was a change of venue, and the case was last night brought up at Fabius before Judge Charles R. Drum, who in hours when he is not occupied with court proceedings, devotes his time to duties as principal of the school there.

   Twenty-two young men, students of the Normal, last night went to Apulia on the vestibule train, which by special arrangement stopped at that station to let them off. There they were met by Judge Drum with three large sleighs and the party were soon enjoying the delights of alternating snowbanks, pitchholes, bare ground, mud, water and slush, as they dragged along over their five-mile trip across the country. Some of the young men were once invited to go to McLean when the sleighing was not the best, but they claim that the travelling at that time was not a circumstance to chat between Apulia and Fabius. But all thought of bad roads was dispelled the moment they reached that hospitable town, for they received a welcome that gladdened all their hearts.

   The young men were entertained in most cordial manner at the houses of various friends of Mr. Drum and they can hardly say enough this morning of the good time they had.

   By 8 o'clock the auditorium of the largest church in Fabius was packed to the doors and many people were standing. The trial began promptly and aroused fully as much interest as on the former occasion in Cortland. Miss Singleheart, as represented by Mr. Robert R. Freer was broken-heartedness personified, and at once elicited the deepest sympathy of all the fair ones in the audience, while there were only indignant glances bestowed upon the hard-hearted lover, who had a startling resemblance to Mr. E. H. Brady.

   The officers of the court were Justice Charles R. Drum, presiding; clerk, E. R. Holmes; crier, C. C. Donald; stenographer, F. B. Miner; sheriff, W. S. Vincent. Messrs. C. J. Coleman and J. R. Vunk appeared as counsel for the plaintiff, while Messrs. R. E. Corlew and W. T. Yale looked after the interests of the defendant. E. D. Clark was foreman of the jury. Dr. C. D. Moses was juryman and was suddenly called from his chair to prescribe for and attend to the beautiful Susan, as she became so far overcome by her feelings in the course of the trial, as to faint dead away. He did this with a tenderness and skill that showed him to be an adept in such cases. The other Cortland people who acted as witnesses, jurymen and interested friends were Messrs. H. E. Hubbard, A. B. Freeman, A. L. Clark, H. C. Givens, T. H. DeCondres, I. C. McGraw, E. P. Carr, F. W. Smith, A. J. Sears and D. A. Fuller.

   It was 10 o'clock before the case was finished and then the jury brought in a verdict of guilty. The sentence of the judge was that (1) the defendant must return to the plaintiff all the letters she had received from him and that he must pay to her the sum of $2,000, needful for postage upon them, (2) the defendant should immediately and in the presence of the court pay back to the plaintiff the last kiss which she had received from him, (3) that after the adjournment of the court the graceless Philip should take to supper the charming Susan, who must at that time continue to wear the same very attractive costume which she had on during the suit. All the particulars of the sentence were carried out except the payment of the $2,000, the plaintiff claiming that he did not have his pocket book with him. It is understood that he goes bonds for the amount.

   After adjournment all went out into the Sunday-school room where an hour or more was pleasantly spent in a social way and where the ladies of the church served warm [maple] sugar. The trial was held for the benefit of the library fund in Mr. Drum's school, and about $20 were netted. The ladies of the church also cleared about $9 from their sugar festival. All returned home on the 8:52 train this morning, having enjoyed the trip exceedingly.

Cortland House and Opera House. The Opera House was located on Groton Avenue, on the left and rear of Cortland House.

IT WAS NOT IN THE PLAY.

A Disturbance at the Opera House Last Night.

   The audience which greeted Mora at the Opera House last evening was one of the largest of the week. "The Second Daughter" was one of the best plays of the week and made a great hit. The play is an excellent one and deserved the numerous encores and curtain calls which were received, and the audience seemed to enjoy it. Fred Williams again showed his talent as a good comedian by keeping the audience in a continual roar in the four characters which he impersonated during the entire evening.

   "The Hidden Hand" is the play tonight. It is a strong piece, and is interspersed with the witty dialogue which has characterized all the performances this week. The play is built on a very interesting plot, which gives a good opportunity for the display of a variety of qualities on the part of all the actors.

   A sensation was caused last night in the house by a disturbance in the gallery, which had the effect of temporarily stopping the play. There are few entertainments in which the entire first two rows of seats in the gallery are taken and the idea has prevailed that they can be used by those who have paid the cheapest admission. Orders have been given by Manager Rood to the usher that those who occupy reserved seats must have coupons. In this instance the usher, Mr. Theodore Darby, went to Edward Garrity, and quietly but firmly requested him to either show a check or vacate the seat which he occupied. On his refusing to do either, Special Officer George Peters was immediately summoned and upon the officer making the same request Garrity again declined. He resisted all efforts of the officer to remove him and necessary persuasion was called into use in the shape of a black oak policeman's club, the young man not moving a muscle or winking an eye.

   At the sight of his chum having a club taken to his head Mike Welch came to the rescue. He probably did not take time to consider that to interfere with an officer in the discharge of his duty is a misdemeanor. Officer Peters left the Opera House and soon returned with a posse of police, but both boys had departed to parts unknown.

   The first intimation that the audience in the parquet had of the disturbance was the loud talking up stairs and cries of help, murder and thief. This seemed to increase their anxiety and curiosity. The performance was stopped right in the most exciting part of the play, and those on the stage assumed new roles. Anger and disgust was visible upon every face on the stage. The audience were nearly all standing, many on the seats. The aisles were filled, many went out and more made preparations to go and altogether a good deal of excitement was created. Mr. Williams soon gave orders for the play to proceed, the audience soon resumed their seats and the play was finished without interruption.

A Sad Case.

   It will be a surprise to many of the friends and acquaintances of Dr. J. W. Hughes of this village to learn that he was taken to the institution for the insane at Binghamton on the 10 o'clock train this morning. Others have known that for some time past his mind has been unbalanced, and that his mental disorders, though often not perceptible in his ordinary conversation, had manifested themselves in ways that left no doubt as to his condition.

   Since an attack of the grip which he had about a year ago, the evidences of insanity have steadily increased, and have been aggravated by other causes which it is unnecessary to mention. While able much of the time to transact ordinary business with apparent clearness and intelligence, he has latterly given such unmistakable evidences of dementia that it was thought best to have the usual examination preliminary to commitment made by two physicians, and on Wednesday last Drs. Hendrick of McGrawville and Bradford of Homer called upon him and satisfied themselves as to his condition. What this condition was may be judged from the fact that, although he had often served in this same capacity himself, Dr. Hughes never suspected their errand, and complained because they interrupted him in his packing up, which he had carried on day and night for some time, preparatory to a proposed removal to Denver.

   Judge Eggleston, after an unusually painstaking, careful and deliberate examination—which he felt that the case demanded, and after consulting several other physicians, all of whom agreed with Drs. Hendrick and Bradford—yesterday approved of the verdict of the examining physicians and made the order for commitment.

   Such a breaking off of a long and honorable professional career is sad in the extreme, but the action taken could not have been longer delayed with safety. The taking of it has been a burden from which his family have shrunk, and now that they have felt compelled to assume it they will have general and sincere sympathy.

Colonors and Y. M.'s Entertained.

   About thirty of the senior members of the Colonor fraternity and the Y. M. D. C. were entertained last night at the home of Mrs. M. A. Knight on Grant-st., the occasion being a kind of good by party for Miss Edna Noyes, who left this morning for her school duties at Windsor. Miss Cora M. Knight, who is teaching at Cazenovia and who is a member of that fraternity was expected home on the 8 o'clock train, but owing to the accident to the locomotive, did not arrive until about 11 o'clock. Mr. Herbert W. Knight is a member of the Y. M. D. C, and his particular friends in that society were invited. The evening was passed very pleasantly with games and music. Very nice refreshments were served. Owing to the late arrival of Miss Knight, the company were late in dispersing, but all had a very enjoyable evening.

BREVITIES.

   —To-morrow is Palm Sunday and the first day of Holy Week.

   —Otsego county numbers among its list of notaries public the names of three ladies.

   —In the Homer letter to-day appear some press notices of the mysterious phonograph, which will be exhibited in Homer to-night and in Cortland next Tuesday night.

   —A considerable party of Clionian ladies were down to the 4:30 train last night to bid good bye to the Gamma Sigma boys, as they started for Fabius for the mock trial.

   —Excelsior Hook and Ladder Co. of Cortland, Barber Hose Co. of Marathon and Hose Co. No. 2 of Homer have each entered teams for the contests, Firemen's night, at the carnival in April.

   —The pastor of the First Methodist church, Dr. Campbell, announced last night that he and Rev. Mr. Weber, the evangelist, had visited a number of the shops through the day and were most courteously received by the proprietors, superintendents and workmen without exception. A little card of invitation was handed to each one.

   —The fifteen-year-old son of Mr. David C. Beers was this morning committed to the industrial school at Rochester by Justice Bull, in the hopes that a short term in that institution might act as a check and a means of reform upon some recently developed loose habits, into which the boy has been led by bad companions.

   —The annual meeting of the Young Men's Christian Association will be held at their rooms next Monday evening. The Woman's Auxiliary will serve tea at 6:30. Members of the association are invited to come directly from their business and take tea with the ladies, after which the election of the board of directors will take place, followed by a social time.

   —The first installment of the slips of the new laws which have been passed, which by recent statute have to be distributed through the county clerk to the different town and village clerks in the county, have arrived and Mr. S. K. Jones was busy this morning sorting them. There are over a hundred different kinds which have been accumulating since Jan. 1.