CONFLICTING EVIDENCE.
The Chaffee Examination Drawing to a Close.
Hudson
Hopkins was put on the stand at 2:38 P. M. yesterday afternoon. He said, "I reside in Cortland and was at
work engineering on the night of June 5 at Hitchcock's. I saw an engine going
up the D., L. & W. main track shortly after 11 o'clock that night. I was in
the boiler-room door at the time. It was on the southbound track going about as
fast as any body could run. I did not see any one in the engine at that time.
There was a torchlight on the head end of the tender. I did not see any other
lights. I went to the depot. I was about fifty feet from the engine when it
went up the track. I was not out of sight of the track. Did not see any one following
the engine nor did I meet any one going up the track as I went down. I first
notified Officer Goldsmith on the steps at the station. I then notified the
telegraph operator. I then went up the track to the shop. I do not remember
seeing any one going up the track. I know Chaffee by sight. I saw him the night
of the accident on the Elm-st. crossing about half an hour after the wreck. He
was standing still when I saw him. I do not know which way he went. A person
would have to run pretty fast to keep up with the engine. I was between the
station and Hitchcock's shop when I heard the collision. Did not see Chaffee again
that night."
Cross examination—"I know what I have heard called a blind switch. I have known for three years of blind switches being used by railroads. I knew that engine No. 7 was kept in the yard when not in use. If the D., L. & W. railroad company had kept the engine on a track protected by a blind switch I do not think it could have got out and caused an accident. I think it would have been impossible. I have known of the D., L. & W. company having blind switches on the road."
Cross examination—"I know what I have heard called a blind switch. I have known for three years of blind switches being used by railroads. I knew that engine No. 7 was kept in the yard when not in use. If the D., L. & W. railroad company had kept the engine on a track protected by a blind switch I do not think it could have got out and caused an accident. I think it would have been impossible. I have known of the D., L. & W. company having blind switches on the road."
At this
juncture the defendant’s attorney wanted to "see a man for ten minutes"
and an adjournment was taken. The [inner] man was satisfied and the witness
continued.
"Chaffee
had his working clothes and overalls on and an overshirt I think. No one was with him when I saw him. We did
not speak. I did not observe how he appeared. I do not know which way he was going
or which way he went. I think more than ten minutes had elapsed from the time I
heard the crash till I saw Chaffee on the Elm-st. crossing. I could not say
precisely how much more time elapsed. I will not swear and be positive that
more than fifteen minutes elapsed. When I returned from the station I went
immediately to my work. I went to the scene of the accident after I had seen
Chaffee on the Elm-st. crossing. I did not see Chaffee at the wreck. I went
there about 12:30 o'clock. I have been sworn before and signed my evidence
taken by the coroner."
"Did
you swear to the following?" asked Mr. Courtney. "I saw Mr. Chaffee ten
or fifteen minutes after I got back from the station. He stood on the Elm-st.
crossing when I came out. Suits was there on crossing."
"I
swore that Joe Suits was there."
"Did
you answer that ‘I am not personally acquainted with Mr. Chaffee but know him
by sight. I saw him that night at the crossing, where I worked, after the wreck—the
Elm-st. crossing. He was going north. He stood on the crossing and then
started north. I saw Chaffee after I got back from depot, ten or fifteen
minutes after I got back. He stood on crossing when I came out. Joe Suits was
there on crossing.’ Did you swear to all this? "
"Yes,
but I did not understand it in that way."
"What
have you to say to this conflicting evidence?" asked the defendant’s attorney.
"Chaffee
was standing still, was the answer. I did not see him going toward the scene of
the accident during that night at all."
The
attorney did not get the answer he wanted and repeated the question. "Did you on June 9 last, before Coroner W. J.
Moore, swear to the following statement?" The defendant's attorney here
repeated the same question as given above and the witness said, "I swore to that
statement, I suppose, but did not understand it in that way."
"I
have talked with nobody since I was sworn in the case by the coroner. I have
talked since being subpoenaed with some people about it."
"Did
you testify as follows: "I saw Mr. Chaffee after I got back from the depot
ten or fifteen minutes
after I got back?"
"Yes,
sir."
"Did
you on June 9 last before Coroner Moore swear that yon saw defendant ten or
fifteen minutes after collision on the Elm-st. crossing going north? "
"Yes,
sir, but I did not understand it is that way."
"Why
did you so testify then?"
The
witness did not reply to this question, and was then excused.
Officer Goldsmith was the next witness
called. The first part of his testimony was substantially the same as
heretofore published. When, however, the question was raised in the cross examination,
"Did you learn upon investigation that Chaffee was at the wreck immediately
after the accident?" The witness endeavored to get around the question
without answering by yes or no, and the question was asked him several times.
He answered in the affirmative. Both witness and attorney appeared to be rather
angry and the witness, after again being asked the question, answered with a
loud "No."
"Have
you not sworn within two minutes, in the hearing of the court and everybody
else that you did learn that night that Chaffee was at the scene of the
accident?'' asked Mr. Courtney.
Mr.
Squires objected to this testimony on the ground that (1) it was incompetent, (2) that the defendant's attorney called out the
answer "no" and that he cannot now discredit or impeach that evidence,
it having been called out and the defendant is bound by the answer.
The
objection was sustained on the ground that the defendant must swear some one else to prove the fact of the result of
his investigation.
The
defendant's attorney then asked the question, "Did you learn after a thorough
investigation as an officer of the village after the accident in question that
George Chaffee had been on the scene soon after the wreck occurred and did you
obtain that information from a reliable source?''
This was
objected to, but the objection was overruled. The witness answered, "Yes, I learned it."
A
discussion then followed as to adjournment and the court told the lawyers if
the case was adjourned till a certain time he wanted them to be on hand promptly.
Both faithfully promised to do so and the case was adjourned till 10 o'clock
this morning.
The
examination was called at 11:15 o'clock this morning and as Mr. Goldsmith could
not be found, Arthur Harrington was put on the stand. He testified in the
direct examination to substantially the same statement as heretofore published.
Cross
examination—"I was sworn before the
coroner's jury. Was at the station with a young lady friend."
Who was
she?" asked Mr. Courtney.
"I
will have to think," smilingly replied the witness. Even the court could
not suppress a smile and the witness continued. "Her name was (out of
regard for the lady's feelings we withhold her name) and she
lived in Binghamton at that time, but she lives in Homer now."
"Were
you thinking of that engine or that lady that night?"
Objected
to and objection was sustained.
"I do
not know whether there was any one on the engine or not. I thought I saw some
one. I will not testify that I saw anybody. When I answered the district
attorney and said that I thought I saw some one on the engine, that is as
strong as I wish to put my evidence on that question. I did not see George
Chaffee on that engine that night. I can't tell how the person that I thought I
saw was dressed. Could not tell whether it was a young or old person. I never
knew George Chaffee."
Re-direct
examination—"I thought I saw the legs of a person on the engine. Could not
tell who it was."
Mr.
Courtney asked to have the evidence of this witness stricken from the record as
to what he thought he saw on the engine that night, upon the ground that it is utterly
incompetent and that the witness' thoughts cannot be put in as evidence against
a person. The motion was refused by the court.
Re-cross
examination—"I know [Detective] Sevenoakes by sight, I have not
talked with any of the agents and attorneys of the railroad company. Don’t know
whether the man I thought I saw wore boots or shoes."
While the
evidence was being read to the witness the defendant’s attorney looked over the
testimony given at the coroner's inquest.
Re-cross
examination—"I thought I saw the person on the west side of the engine. I
was on the station platform. It was a very dark night. I think the man I
thought I saw was sitting down. The engine was about the middle of Railroad-st."
"I
understand that you desire to swear that while you were on the steps of the D.,
L & W. depot and the
engine was moving north on the switch you thought you saw the legs of the man
on the west side of the engine?" asked the defendant’s attorney.
"Yes,
sir, I was on the northwest corner of the platform about as far as across this
room from the engine."
This concluded this witness' testimony. The
examination was adjourned till 1:15 o'clock this afternoon.
STRUCK BY
THE CARS.
Railroad crossings on Port Watson Street (1894 map segment.) Wickwire factory located at bottom of map. |
Mr.
James McDonald Didn't See the E., C. & N. Train.
Mr. James McDonald is a prosperous farmer at
Mt. Roderick, a small hamlet on the direct road to Cincinnatus and three miles
this side [west] of that place. Yesterday afternoon he started to return from Cortland
to his home, leaving this place at about 4 o'clock. He was driving a spirited
pair of gray horses attached to a lumber wagon and had on part of a load of
feed in bags. As he was crossing the E., C. & N. tracks on Port Watson-st.,
he was struck by freight train No. 11 which was going east.
It seems strange how this could happen for there is nothing to hide the view of a train coming from the junction for quite a distance from the crossing. But for some reason Mr. McDonald didn't notice it until the train was almost upon him, and he thought it was too late to stop. It proved, however, to be too late to cross, for the engine struck his wagon broadside throwing the wagon and load off in the ditch and throwing Mr. McDonald about thirty feet. The horses went on toward home with a rush. After crossing the Port Watson bridge the horses ran into the rear end of Mr. Timothy Rose's wagon doing more or less damage to it, and then continued their mad race until they became tired and slackened their speed and were caught near the foot of McGrawville hill.
It seems strange how this could happen for there is nothing to hide the view of a train coming from the junction for quite a distance from the crossing. But for some reason Mr. McDonald didn't notice it until the train was almost upon him, and he thought it was too late to stop. It proved, however, to be too late to cross, for the engine struck his wagon broadside throwing the wagon and load off in the ditch and throwing Mr. McDonald about thirty feet. The horses went on toward home with a rush. After crossing the Port Watson bridge the horses ran into the rear end of Mr. Timothy Rose's wagon doing more or less damage to it, and then continued their mad race until they became tired and slackened their speed and were caught near the foot of McGrawville hill.
It is a wonder that Mr. McDonald was not
killed. As it was he was badly hurt. Col. Place was one of the first to reach
the scene. He recognized the wounded man as his old comrade in the One Hundred
and Fifty-seventh regiment, and knew that his sister was Mrs. Jennie Graves of
43 Groton-ave.
While others picked Mr. McDonald up Col.
Place hastened off to break the news to Mrs. Graves. Mr. McDonald was placed in
a buggy which was driven uptown. But the driver failed to get the word as to
where his passenger was to be carried. Mr. McDonald seemed dazed and unable to
tell who he was or where he wanted to go, though he could talk plainly.
When Main-st. was reached a halt was made
and a consultation followed. No one there knew Mr. McDonald and it was decided
to take him to the hospital. But when they had came to that place Mr. McDonald so far recovered as to tell a
STANDARD man who he was and where his sister lived. He was at once taken to
Mrs. Graves' and Dr. Higgins was sent for. He made an examination and found
that his breast bone was broken and one of the…bones of the right hand. Besides
that his face was very badly cut and bruised. There was a cut an inch long in
his lower lip on the left side and two teeth were nearly knocked out. Dr. Higgins
made him as comfortable as possible and to-day he is doing as well as could be
expected. It is a wonder though that he was not killed outright.
BREVITIES.
—Homer is to-day contributing its full share
of sensations. They are all detailed in the Homer letter.
—Among the list of patents just granted
appears a patent granted to S. W. Cately of Cortland on a thill coupling.
—MR. JOSEPH ALEXANDER of Pitcher has
returned from the World's Fair and is visiting at Mr. Morris Burdick's on his
way home.
—There will be a regular convocation of
Cortland Chapter, No. 104, Royal Arch
Masons, this evening at 8 P. M. The Royal Arch will be conferred.
—A divorce was yesterday granted at Syracuse
to a couple each seventy-eight years of age. They had been married nearly fifty
years. Poor old couple.
—There will be a regular meeting of the
Royal Arcanum to-night at 8 o'clock.
—The Forty-fifth Separate company will hold
a dance in the armory Friday evening, Oct. 27. Daniel's full orchestra have
been secured to furnish the music.
—Lincoln lodge, No. 119, I. O. O. F., will
hold a sociable at Mr. W. F. Kelley's residence, 7 Garfield-st., on Wednesday evening,
Oct. 11. Every one is invited.
HOMER DEPARTMENT.
FIGHT AND STABBING AFFRAY.
A report was circulated on the street last
evening that there had been a fight on Main-st., in which a man was stabbed. It
was found that at about 7 o'clock several men partially intoxicated got into an
altercation in Murphy's saloon. The row was the sequel to a fight which
occurred here the Fourth of July when a man by the name of Richardson was badly
handled by some local toughs.
As the argument became very heated the men
left the saloon to settle their difficulty outside. They went to the rear of
the saloon and at the end of the alley between Murphy's and the Brockway block
the fight took place. The principals in the row were Wm. Butler and Chas.
Richardson. It appears that the crowd were all against Richardson and he was
handled very roughly. He became desperate and drew a large pocket knife and
stabbed Butler three times. Butler cried out that he was stabbed and Richardson
ran away. Butler was bleeding profusely from his wounds, but was able to walk
to Dr. Green's office and not finding him he went to Dr. Bradford's office,
which is in the second story of the Brockway block. Dr. Bradford was away, so
he went into E. W. Hyatt's
office across the hall, where Dr. F. H. Green soon attended to his wounds. The
flow of blood was soon stopped and, although he was very weak from the loss of
blood, he was able to walk to his home.
Later on a warrant was sworn out for
Richardson's arrest and after searching all over town the man was found by
Officer Shirley in the upper deck of a stock car on the railroad. With the
assistance of Officer Jones he was arrested and taken to the lockup. He was
committed to the jail for two days to recover from his drunk, when he will be
tried for assault. Richardson and Butler are both very large and powerful men.
Richardson goes by a number of aliases and
is considered a hard character. He is the man who took a horse in Cortland about
a year ago and led the officers quite a chase through Randall's lot. He claims
that he would not have shown his knife, had he not been pitched upon by the
whole crowd.
When found he had the knife open in his
pocket. It was a large pocketknife. One of
Butler's wounds was in the neighborhood of his left lung, and, had it been a
couple of inches higher, would have probably proved fatal.
_________________________
A very peculiar circumstance occurred yesterday
evening at the residence of Lemuel
Bates on James-st. At about 6:30 Mrs. Bates heard a knock on the outside of the
house. She was startled by the sound and immediately went out to investigate.
She found a large fat partridge lying on the ground with its neck broken.
BUSINESSMEN OF CORTLAND.
CHARLES
H. WARREN.
Dexter
House.
In a detailed review of Cortland, including comment
upon her institutions worthy of mention, there is perhaps no line of houses
more appropriate for special attention or affording more universal interest to
all classes of people than our hotels. In confirmation of this assertion it is
only necessary to refer to the Dexter House as an illustration of its correct
[inclusion.] This house possesses the advantage of being in the heart of the
business portion of the town. It is about a 48-room house, well lighted and
furnished in a sumptuous manner. The dining-room, which is one of the Dexter
House's chief attractions, is a large, airy room, resplendent with silver ware
and white linen, and supplied with all the delicacies of the market and season,
cooked in a manner that would satisfy the most faultfinding. Mr. Warren conducts
in conjunction with the hotel, a barn for the accommodation of the traveling
public. There is also a bar connected where can be had the most palatable of
soft drinks.
This hotel has been under the management of
its present proprietor about 3 years. He has supplied every modern convenience
for the comfort and enjoyment of guests, and is specially prepared to take
charge of either large or small hunting or chowder parties. In fact the Dexter
House is complete in every sense, while the proprietor, Mr. Chas. H. Warren, is
a gentleman of long experience in the hotel business, affable and genial he
makes every patron feel perfectly at home and well pleased with his lot. As a
business man he is highly esteemed by all who know him, so should you visit
this portion of New York state, place this resort on your calling list and you
will be more than pleased with the treatment you receive.
PASSAGE,
OVERTON & SARVAY.
Boots
and Shoes.
Among the latest advents in the commercial arena
of Cortland is the above mentioned firm, who are extensive dealers in ladies',
misses and children's shoes, rubbers, etc., also men's and boy's boots and
shoes in infinite variety. Although this house was only established since
September 11th, this year, its proprietors have had many years experience in
this business. They also conduct a store in Towanda, Pa., which is conceded to
be the largest shoe store in that town. Messrs. Passage, Overton
and Sarvay are careful and close buyers, and thorough judges of quality and
value, and conversant with all the requirements of their business. The stock is
kept up with frequent invoices of all the latest novelties and most approved patterns,
selected with the greatest care for their trade, and embraces a wide range in
the varied departments, and all quoted at the lowest market prices.
The proprietors, Messrs. H. C. Passage,
Frank Overton and M. E. Sarvay, are gentlemen widely known as men of energy and
broad-mindedness, which, coupled with great executive ability, and conservative
judgment makes them rank as leaders. They are ever catering to the public's
wants in a most satisfactory manner, thus their success is but the well-merited
reward of energy, enterprise, and perseverance. Personally they are gentlemen
regarded by the entire community as honest, upright business men and honorable citizens.
F. W.
CLARK.
Groceries,
Provisions, Fruit, Etc.
Standing in the front rank as one of the leading
grocery establishments of Cortland is that of Mr. F. W. Clark. No similar house
enjoys a better trade, as it is a house which, in the excellence of the stock,
is fully up to the highest standard. The lines carried represented almost
everything in the provision line as well as all kinds of staple and fancy
groceries, flour, canned goods, fruit, vegetables and confectionery. This business
was established in 1880 by F. W. Clark, who has since conducted it with great success
and satisfaction. It has always been conducted upon the broad plane of
equitable dealings. Popular prices prevail, while at the same time patrons
receive the most courteous treatment.
Mr. Clark is a gentleman of long practical
experience and is widely known, highly esteemed in business circles as an
energetic, clearheaded business man; honorable, liberal and fair he well merits
the success he has achieved, while personally he is a genial gentleman with
whom it is a pleasure to deal.
HOLDEN
& SEAGER.
Coal,
Lime, Plaster, Shingles. Etc.
The subject of this sketch, Messrs. Holden &
Seager, have been associated with the coal trade of this city for the past five
years, and that their business venture was a success is attested by the volume
of their transactions. Their yards are thoroughly equipped with every facility
for the speedy and efficient conduct of the business. Spacious and commodious
it has all the requisite conveniences for the loading and discharging of
freight. The stock carried is complete and extensive and comprises the choicest
coal, lime, plaster, shingles, etc. The facilities of this house embrace shipments
direct from the seat of production and terms and prices are such as to give
permanent satisfaction. Sales are made by the carload or ton, and
misrepresentations are never indulged in. Their offices are located at No. 39
Main and 27 Squires-sts. Messrs. Holden & Seager are wide awake business
men, prompt and honorable in the fulfillment of all their engagements, while
personally they are of the most popular residents of Cortland.
MAHER
BROS.
Clothing,
Hats, Gents' Furnishings, Goods, Etc.
One of the most complete and extensive
stocks of ready-made clothing and gentlemen's furnishing goods to be found in
Cortland may be seen at this well known clothing house, No. 17 Main Street, as
conducted by Messrs. Maher Bros.; the storeroom which is large, commodious and well-arranged
is filled to its utmost with an extensive line of the most desirable and fashionable
goods in the market. In ready-made clothing the assortment is most complete,
embracing men's, youth's and boys' suits in all sizes, designs and patterns,
all the goods being of excellent quality, and as well made and trimmed as custom
goods. A perfect fit can here be secured as well as if the material were cut to
order, and at half the price. Here is also carried in stock a large and varied stock
of Hats and Gent's Furnishings.
Messrs. Maher Bros. succeeded Cook &
Westcott some five years ago, and by enterprise, energy and strict attention to
business have built up a splendid and constantly increasing trade. They are
gentlemen of high personal and commercial integrity, and are entitled to the
esteem and respect of the community with whose progressive development they
have been so closely allied. The enterprise of the firm of Maher Bros., in
purchasing stock of goods in their line, is well known to our readers. The only
requisite they ask is not how large the stock is, but whether it can be bought
so as to sell the goods at a low figure.
Our citizens will remember the purchase by
Maher Bros. of the J. E.
Briggs'
stock of clothing of Cortland, the Kelley & Co. stock of hats of Utica, and
the purchase of the Pundy stock of clothing of Johnstown, N. Y. Maher Bros., being
large manufacturers themselves, know the value of a stock of goods and when
they find people that want to dispose of their stock they are always ready to purchase
if the price is low enough. All of these stocks were disposed of in Cortland, thus
giving our citizens the benefit of them.
Maher Bros. have been in business in Utica
twenty-two years, and the success that they have met there can be measured by
their recent grand opening of a new store in the upper part of the city. The
Utica Herald of Sept. 14th, 1893, estimated
the number of people at the opening as over (15,000) fifteen thousand. The firm
of Maher Bros. consists of six brothers, John L., William, James P., Thos. J.,
Edward J. and Laurence P. Maher. The local firm in Cortland is looked after by
Jas. P. Maher. As will be seen by the above, the firm of Maher Bros. enjoy many
advantages which makes it possible for them to do business extensively.
Maher Bros. have purchased this week the
entire stock of clothing, hats, etc., of Jas. B. Paddin & Co. of
Ogdensborg, N. Y., and we understand will offer above stock for sale at the
Cortland store. Another stroke of the enterprise of this go-ahead firm.
Druggist.
In Europe the pharmacist devotes himself exclusively
to the compounding of drugs and the filling of prescriptions, whilst in America
the druggist to thoroughly understand his business most possess manifold
qualifications in order to cope with the diversified interests constantly demanding
his attention. In this country an innumerable variety of articles constitute a
well equipped drug store, not only the representatives of the pharmacopoeia,
but mineral waters, patent and proprietary medicines, drug sundries, fancy
goods and medical specialties, also surgical instruments and physicians
supplies generally.
In Cortland one of the leading and most
complete drug stores is that of Brown's Pharmacy, located at 57 Main street,
and where everything that is expected to be carried by a modern drug
establishment may be found, while the prescription department is commodious, well
systematized and equipped in a most thorough manner. This business was founded
14 years ago and is in every way fully alive to the requirements of the trade.
The proprietor, Mr. C. F. Brown, has through long experience been enabled to
study the wants of his patrons to a marked degree. He is well and favorably known
as an upright, reliable and honorable business man and is highly esteemed for
his public spiritedness as a citizen. He enjoys the regard and consideration of
all who know him, while his house enjoys that which a pharmacy can not be a
success without, namely the confidence of the leading medical practitioners.
W. H.
MORGAN.
Harness,
Whips, Robes, Trunks, Etc.
Leather is one of the most important
commodities that the people have to invest in, particularly is this so as
relating to harness, saddles, etc. Consequently the question as to who handles
the best quality of goods and quotes the most reasonable prices is often
suggested. Apropos of the above remarks is W. H. Morgan, who conducts a well-stocked
store at No. 16 Railroad street, and where is carried all kinds of light and
heavy single and double harness, whips, robes, railroad and steamer trunks,
travelling bags, etc., made from the best material, and by workmen who are
thoroughly skilled
Mr. Morgan has conducted this house for the
last 5 years, and during that time has attained a large trade. Mr. W. H. Morgan
stands deservedly high in commercial circles as a man of exemplary habits, and
is highly esteemed by all who know him.
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