THE CHAFFEE CASE—PART TWO

Delaware, Lackawanna and Western railroad train.

Cortland Evening Standard, Tuesday, October 3, 1893.

THE CHAFFEE CASE.

TWO WITNESSES ON THE STAND ALL THE AFTERNOON.

Nothing of Importance Obtained—The Old Story Rehashed—Adjourned Until Thursday.

   Mr. Carroll was again called to the stand when court convened at 1:30 P. M. The witness continued:

   "I do not know whether the defendant was up there or not. I had never seen him up to that time. I never observed any blind switches at or near the Cortland station. Split switches are used in and near the yards of the Cortland station. This is a switch which returns to its proper place when a train has gone through it. Could run out on the main track all right, but could not run on to the switch unless it was held by a lever or other appliances. There are other switches around the Cortland station similar to the blind or ground switches. I have described what a blind switch was. There are no blind switches as I described this morning that I know of at or near the Cortland station."

   "Describe a ground or blind switch that you referred to." This was objected to and fifteen or twenty minutes were spent in discussion and as usual nothing visible was accomplished.

   "There are no blind or ground switches that I know of. There are no other switches at Cortland besides the split switches that I know of."

   "What are they?" Objected to and sustained by the court.

   "I do not know where the engine was previous to the accident, did not hear. I believe there is an engine house in which to keep the engine. There are old fashioned switches which lead from the main track to the house in which the engine is kept. Do not know whether it is a split switch or not. Never saw it. Don't know anything about it. I do not know what kind of a switch it is. I have been at work for the D., L. & W. Railroad company from Oswego to Binghamton at different times for thirteen or fourteen years as brakeman and switchman. Ten or twelve years have known a locomotive to be used on a road. Have known of them being used longer. No. 7 has run longer than this. No 12 switch engine on D., L & W. at Oswego also been used sixteen years."

   "Have you ever known any other locomotive to be used twelve or sixteen years?" Objected to an grounds (1) immaterial (2) not cross examination and (3) not at issue in this examination. Objection sustained.

   "Have you ever known engine No. 7 to run away?" Objected to as improper, incompetent and indefinite and not confined to the condition of engine No. 7 on June 5, 1893, and immaterial.

   "No sir, I have never known."

   "Have you ever heard of its running away?" Objected to.

   "No, sir."

   "On the night of June 5 did you hear Fayette Barker say that this engine ran away and had run away time and time again?"

   "No, sir."

   Cross examination closed.

   Re-direct examination: District attorney asked, "As a matter of fact you do not know whether there was a blind switch leading from main track to engine house on the night of June 5 or not, do you?

   "I know nothing of the switches there."

    Louis Kistler was then called to the stand.

   Mr. Lewis Kistler was the next witness called. He said, "I reside in Syracuse. I am the master mechanic of the D., L. & W., or S. B. & N. Y. railroad as you call it. I have been employed in that capacity going on six years. My duties in connection with the railroad company are to look after the repairs of cars and locomotives and see that they are kept up. I know engine No. 7. I have known her about sixteen years. She was located at Cortland June 5 last. It was stationed there and kept for the use of the work train It was kept in the yard back of the station. There was an engine house provided to keep it in. Engine No. 7 on the night of June 5, 1893, or immediately prior thereto, was in good, condition. I know the defendant. Have known him several years. I know that he was watchman at the Cortland station for about eight or nine months before June 5. I know when he was hired and was consulted about it. He was placed there by my orders. His duties were to take care of the engine, keep water in her, oil her, clean her, coal her up and keep a good fire in her for the engineer in the morning, from the time the engine came in in the evening till it went out in the morning. He also had to keep boys away and people from tampering with the engine. It was also his duty to care for the engine all the time that it was in the yard. I have no knowledge at what hour the engine was run in the yard on the night of June 5."

   Cross examination—"The defendant worked on gravel train two or three years before, I guess. I have talked with the defendant in Syracuse in the winter before the accident. Had no talk with him before that. Can't give you the words of our conversation. We talked about an engine on the road breaking down. That is the only occasion I ever talked with him. I never personally instructed him about his duties in connection with this engine. I did not tell him his duties were to keep the engine fired up, etc., and did not tell him to keep the boys away from it. Did not tell him any of the other duties."

   The defendant's attorney moved to strike out the evidence of this witness as to what the duties of the defendant were, as it does not appear that the witness informed the defendant or any one [sic] else as to his duties. "It is mere rot," said Mr. Courtney, "and mere bunco, and should not go as evidence in the minutes of this case."

   The motion was granted for now, with leave to stand, providing a connection was shown later.

   The witness continued, "I have a record of this locomotive. It was in the shop for repairs during the time Chaffee had charge of it, Jan. 19, 1893, about Dec. 1, 1892, Nov. 1, 1892, and Oct. 1, 1892. Repairs on about Oct. 1 were engine washed out, bolts and nuts tightened."

   Witness refused to allow the court to examine record of repairs on this engine.

   The court suggested the idea of subpoenaing the book containing the record of repairs on engine 7 to the date of the accident, which is now in possession of the witness.

   The book was given to Attorney Courtney, without serving the subpoena. The repairs made on engine No. 7, on May 10 and Jan. 2 were copied as evidence in the minutes.

   The witness continued, "I examined the engine myself before the January repairs were made and ordered them made. The engineer reported in January the work he wanted done upon it. He never told me it would leak steam and run away. I repaired a leak in the valve in May, 1893. The engineer spoke to me about its leaking. If it leaked it would blow out through the cylinder cocks. If it did not blow out through the cylinder cocks it would have to remain there.''

   "I made no changes on May 10 that would remedy leaking of steam by which the engine would start itself."

   "On Jan. 19 the engineer reported that the throttle valve leaked and it was fixed. If throttle valve leaked it would fill the cylinders full of water, go up smoke stack and throw water all over engine and dirty it all up. It would not start if engine was left in proper position. If not left in proper position, if there was steam enough, it might. The engineer did not inform me at that time that it leaked so bad that it would move the engine."

   "Did you ever personally instruct Chaffee the proper way to leave engine?"

   Objected to as improper, incompetent and assuming a defect not shown. Objection over-ruled.

   "I did not in person."

   "Did you tell anybody to tell Chaffee how to leave engine safely by reason of fact that it would leak steam and run away?"

   Objected to (1) as incompetent, improper, (2) question assumes engine No. 7 did leak steam and run away, (3) question as to whether ever told any one no proof of weak or runaway engine. Objection sustained.

   The case was adjourned at 6 P. M. till Thursday at 10 A. M. The defendant's purpose to keep Kistler on the stand a half day longer.

TRANSFER OF THE INSANE.

Trains Will Convey County Charges to State Hospitals.

   ALBANY, Oct. 3.—The beginning of the end of the local or county care for the insane has finally been reached. The state commission in lunacy has provided two special trains, one to provide for the transfer of 150 patients from the Erie County almshouse to the Willard State hospital, and one for the transfer of 150 patients from the Willard to the Hudson River State hospital.

   Next week other special trains will complete the transfer. Each train will be accompanied by a physician of the hospital. When the Erie county insane are removed no insane will remain under county care except in Queens county, which is now engaged in litigation on the subject, the county having been defeated in all the courts except the court of appeals, where the matter is now pending.

BOARD OF TRUSTEES.

Walks Ordered New and Repaired. Other Business.

   At the board of trustees meeting last evening an amount of routine business was disposed of. The following bills were allowed and ordered paid:

   Street commissioners' pay roll, $71.50

   A. H. Decker, labor on crosswalks, 3.25

   Cortland & Homer Electric Light Co., 400.00

   Lewis Mizner, labor on Fireman's hall, 3.40

   Frank M. Samson, salary, 50.00

   J. E Sager, eleven meals at lockup, 1.10

   Police force, 115.50

   C. S. Bull, salary, 250.00

   J. B. Eldridge, labor, 1.75

   Dr. W. J. Moore, labor, 81.75

   There was considerable dissatisfaction with the manner in which the electric lights had been run of late and, on motion, only $400 of their bill was ordered paid in settlement to Oct. 1, in full.

   Messrs. Charles H. Drake of Hitchcock Hose Co. and John F. Dowd of the Emeralds came before the board, requesting that their fuel and lights appropriation either be increased or that it remain as it was and the board have the coal furnished and put in gratis as with the other companies. The matter was laid over till the next meeting in order that an investigation into the finances of the corporation could be made.

   Trustees Swan and Scudder were appointed a committee to get prices on new overcoats for the policemen and report at the next meeting.

   The following sidewalks were ordered [threats of lawsuits if sidewalk defective—CC editor]:

   Cortland Wagon Co., railroad crossing on Pomeroy-st.

   Irving Fairchild, south side Tompkins-st.

   Mrs. Sweeney, south side Tompkins-st:

   Patrick Ready, south side Tompkins-st.

   John Garrity, 77 Clinton-ave.

   Oliver Perry, 182 Railroad-st.

   C. W. Stoker, 13 Church-st.

   Michael O'Brien, 21 Grant-st.

   The following walks were ordered repaired:

   Thomas Welch, 88 E. Court-st.

   Mrs. Newton, west side Hubbard-st.

   Charles Dix, 52 Hubbard-st.

   John Ireland, west side Railroad-ave.

   ------, 22 Grant-st.

   H. Dickinson, 42 Arthur-ave.

   William Kinley, west side Elm-st.

   James Mahon, 36 Crandall-st.

   Andrew Day, 33 Hubbard-st.

   Mrs. H. A. Cordo, 27 Elm-st. and west side of Greenbush-st.

   L. D. Boice, west side Venette-st.

   Mrs. Josie Brown, east side N. Church-st.

   D., L. & W. Railroad Co., walk at station.

   David C. Beers, north side Fitz-ave.

   Mrs. J. Cronin, 11 Pomeroy-st.

   Mrs. J. Carroll, 13 Pomeroy-st.

   John Garvey, west side Pomeroy-st.

   William Curtis, 26 Pomeroy-st.

   Mrs. Theodore Stevenson, west side Pomeroy-st.

   R.T. Peck, 171 Railroad-st.

   J. F. McDaniels, corner of Railroad and Pomeroy-sts.

   Frank Johnson, 36 Clinton-ave. *

   John Garrity, south side of Clinton-ave.

   John Lynch, 93 and 95 Clinton-ave.

   J. L. Watrous, 10 Clinton-ave.

   J. M. Samson, north side Arthur-ave.

   Homer-ave. M. E. church, north side Maple-ave.

   G. L. Williams, east side Hubbard-st.

   The meeting was then adjourned.

A Golden Wedding.

   A small company of friends gathered at the residence of Mr. Mustapha Mathewson on Locust-ave. last Saturday afternoon to congratulate Mr. and Mrs. Mathewson upon their long and comfortable married life of fifty years. The anniversary day was the next day, Sunday, but it was preferred to celebrate on Saturday. After partaking of a bountiful supper brought by the friends, they all repaired to the residence of their daughter, Mrs. E. L. Hinds, where they were greeted with joyful congratulations by other friends. The order of the evening was hand shaking, pleasant conversation, old time stories by the bridegroom of fifty years ago, song by the bride, another supper and then the young people took the floor and rendered some very fine music, consisting of a great variety of church and secular songs. Finally at a late hour the company dispersed to their several homes with pleasant farewells and happy remembrances of the golden wedding.

   Mr. and Mrs. Mathewson were residents of McDonough, Chenango county, when married. The name of the bride was Lutheria Beebe. They were married on Sunday before morning service in the church at Oxford. It is a singular fact that October 1 this year should have occurred on the same day of the week, Sunday, as fifty years ago. All of their married life has been passed in Chenango and Cortland counties.

BREVITIES.

   —The annual meeting of the Presbyterian church and society will occur this evening at the chapel at 7:30 o'clock.

   —A team of Homer football players are practicing every day. They come to Cortland next Saturday to play the Normal team.

   —Maher Bro.'s windows are attracting considerable attention. They contain a neat display of fall goods, with green curtains in the background. Mr. Seymour J. Bloomfield was the decorator.

   —The Fire Department Drill team held a meeting in the Hitchcock Hose parlors last evening with a view to reorganization into a permanent organization. An adjourned meeting will be held in the Water Witch parlors Thursday evening.

   —The committee of the Y. M. C. A. in charge of the reception to-morrow evening desire to state that it will be for both ladies and gentlemen. All young men are especially invited to be present and make the acquaintance of the new general secretary.

POLICE COURT.

A Prisoner Escapes From Chief Sager and is Still at Large.

   Police court had an unusually large grist of drunks arraigned this morning. Charles Patterson and M. J. Walsh were arrested on Port Watson-st. last night by Officer Miller for public intoxication. They were sentenced to three days or three dollars and, as they did not have the latter, commenced serving the former this morning.

   Officer Jackson arrested a drunk on Schermerhorn-st. yesterday afternoon. He paid a fine of $3 after sobering up in a cell all night.

   James McNiff and James Foley were arrested on Port Watson-st. last night by Officer Monroe. McNiff was sentenced to $10 or ten days and Foley to $5 or five days. Chief Sager marshaled the prisoners to the county jail this morning. He had ascended the stone steps and had to let go of McNiff to open the door. The tramp saw his opportunity and when the chief's hand was on the door he made a bee line down Church-st.

   Chief called to the other officers in the jail and Sheriff Miller came and relieved the chief of his other man. The officer then gave chase and cries of "stop thief," "$1,000 reward" and like exclamations were heard. The cry of "$1,000 reward" brought out Deputies Dick Miller and Al Goldsmith and they too joined in the chase. The tramp was a fleet runner and had a good start. He ran to the rear of Hill's blacksmith shop and behind barns and buildings to the rear of Dr. Baker's veterinary stable. He then went to the rear of the Messenger House, across South Main-st. to John Reid's house and across lots to Owego-st. The officers dropped out of the race one by one as they became "winded" and the last seen of the tramp he was taking a nice easy jog, apparently as fresh as when he started toward Owego.

   Chief Sager said this morning that this was the first prisoner that had ever escaped from him during his twenty-one years service as an officer.