ELMIRA TRIAL ENDS

Cortland Evening Standard, Saturday, September 15, 1894.

ELMIRA TRIAL ENDS.

EVIDENCE ALL IN AND THE CASE CLOSED.

Brockway's Examination Concluded—The Now-Famous Disciple of the Paddle Gives Facts and Figures In Regard to the Equally Famous Bathroom—Says the Paddle Only Possesses Virtue When Wielded by Him.

   ELMIRA, N. Y., Sept. 16.—When the commissioners resumed their hearing in the investigation here it was conceded by both sides that the last day for the taking of evidence had been reached. The cross-examination of Mr. Brockway was resumed.

   Mr. Brockway upon resuming the stand said he originated the letter method of recording the number of blows. The managers never disapproved of it. They have never made any special investigation into the bathroom punishments. He had explained to some members of the board how the punishments were inflicted. He had never informed them that he had inflicted 19,000 to 20,000 blows during the five years previous to September, 1893, as he did not know himself until they were figured up later. He acknowledged punishing inmates for failures in their tasks and recollected one case of paddling a man wearing a truss, but could not recall names.

   Ex-Judge Gilbert then had the famous paddle brought in and asked Brockway to show how it was used, to which Mr. Stanchfield objected unless it was used on Mr. Gilbert's person, to which the latter also objected.

   In response to a question by Mr. Gilbert, he said he spoke to inmates some times in an explosive tone, some times conciliatory and some times pleadingly, and gave an exhibition of his manner of speaking explosively, which made an impression upon the hearers.

   He said the "hot hook" had been used on a man named Cunningham, who refused to come out of his cell, and. that it was heated in order to prevent the men from standing on it or catching it with their hands. Nobody had been burned by it, so far as he recollected. It was used about half a dozen times, a good while ago. He said the men were rearrested for not reporting regularly, or were arrested for the same offense. A man might be arrested for an offense and yet not have violated his parole.

   He said the "January deal" meeting lasted five hours. He could not state how much time was taken in considering the cases. Six hundred and eight men have been transferred since the institution opened. More than three, but not more than six, have been sent back again to the reformatory. When a man had been four months in the upper grade he was placed on the list for parole. If the inmate did something before the day arrived which lost him a mark the superintendent had the power to keep him in the institution until the next meeting of the board. The board on only a few occasions issued paroles without the superintendent's recommendation. He said he could not tell how many inmates between 16 and 20 were physically punished.

   Ex-Judge Gilbert asked to have the issue of The Summary for Aug. 26 placed in evidence, but the commissioners refused to admit it.

   Judge Gilbert then said he was through with the cross-examination and Lawyer Stanchfield began the redirect examination of Mr. Brockway.

   The witness said that the disease known as ache was very prevalent in the institution. The use of the letters of the alphabet to denote the number of blows inflicted was adopted for brevity and for no motive. The physical treatment was administered to stimulate inmates. He explained several details of the cellular or confinement punishments.

   In reply to Commissioner Deyo, the witness said that he inflicted all the physical punishment.

   "Why do you not get an officer to do it?"

   "Because I think I, myself, can better determine the treatment inflicted, than I could in directing it. I would not recommend spanking if done by any except myself."

   Continuing he said: "After you have endeavored by every moral means to impress these inmates with the necessity for improvement, physical treatment becomes necessary."

   Brockway was asked by Mr. Deyo to say what percentage of the men punished had been hit over the head by him.

   The witness could form no idea.

   Mr. Deyo asked him what kind of blows these were, and the superintendent lifted the paddle, which was lying close by, and holding the handle in his left hand he caught the strap half way up in his right, showing how he did it.

   He dropped the strap very quickly when he saw ex-Judge Gilbert eyeing his every movement closely.

   Nearly every one present laughed and the commissioner said: "Well, Mr. Brockway, you have done for me what you refused to do for Mr. Gilbert, you took the paddle in your hand."

   Clerk Hoppe was recalled in reference to the keeping of the books and records of the institution, but with the exception of some three errors he testified to their being accurate.

   This closed the evidence, and Chairman Learned said that except good cause was shown it would not be reopened.

   The defendants' lawyers were anxious to have the case submitted at the earliest moment, but ex-Judge Gilbert wished it postponed until Mr. Coudert returns and has an opportunity to go over the evidence.

   Mr. Coudert is due to arrive from Europe on Saturday, the 22nd inst.

   After hearing both sides, the commissioners decided to meet in New York on Tuesday, Oct 2, when they will listen to the summing up. This arrangement was satisfactory to both parties and due notice will be given of the place of meeting.

CONSTITUTIONAL CONVENTION.

Charities Article Sent to Third Reading. Other Business.

   ALBANY, Sept. 15.—When the house met the committee on arranging the calendar reported a new arrangement of business. The antitrust amendment was taken up from third place and put at the bottom.

   Mr. Bush, Democrat, immediately objected and said: "It is rather a curious thing that the whole change seems to be to get rid of this antitrust amendment, a proposition that the people were deeply interested in."

   There were cries of "Question!" "Question!" and the Democrats who obtained the floor were ruled out of order by the chair. Points of order were made on each Democratic proposition by Mr. Root and the committee on rules report was forced through by a party vote.

   Mr. Vedder: "Is this the way the majority is going to browbeat things through and with brute force refuse to recognize the minority?"

   The chair nodded yes, and then ordered the charities article to proceed in committee of the whole.

   The voting began with an amendment of Mr. Osborn to leave the state reformatories under charge of the board of charities. Lost—yeas, 41; nays, 56

   Mr. McKinstry moved to strike out the state lunacy commission. Lost—yeas, 33; nays, 65.

   Mr. McDonough's amendment to make it incumbent on the legislature to provide for sectarian institutions was defeated.

   Mr. Hawley's amendment to forbid emolument from any commission was lost.

   Mr. Hawley's, allowing the legislature to abolish the state board of lunacy, was lost.

   All the amendments of the committee were adopted and the bill sent to third reading. It makes three constitutional commissions—charities, prisons and lunacy. It takes reformatories from under the care of the state board of charities and puts them in charge of the prison board.

   When the bill was sent to third reading Mr. Gilbert, who had been trying to get the floor all the evening, moved a reconsideration and launched into a speech that the leaders of his party (Republican) had used every means to prevent. He said that the fundamental law of the country demanded an absolute divorce of the state from the church. This bill threw open the doors of the treasury to the Romish church and served the needs of sectarianism that would bring a harvest of dreadful carnage before they were through with it. It allowed public money to be used for private trusts.

   Mr. Gilbert offered a resolution forbidding the use of any money whatsoever for any institution in which religious tenets are taught. Lost—nays, 90; yeas, 30.

   At 11 o'clock, under an extension of time till 12 o'clock, the committee of the whole took up the homerule for cities article, which in addition to the one passed, providing for electing municipal officers at different times to state elections, provides for the classification of cities and passage of laws.

   It provides for three classes of cities, 1,250,000 or more, 500,000 and more than 250,000, and less than 50,000. Bills affecting one particular city must be submitted to the city government and mayor for approval and a public hearing must be given; the legislature may pass laws applicable to all cities of one class.

   When the bill was reported, Mr. Banks offered an amendment providing that the debt of a city shall not exceed 10 per cent of its assessed value and in consolidation the debt of the country [sic] shall not be added. Accepted.

   Mr. Marshall's amendment to strike out the useless sections of the old constitution of '47, not now of any advantage, was sent to third reading.

   Mr. Marshall's amendment to re-enact the section of the old constitution relative to the people passing amendments and providing for future constitutional conventions, was sent, taken up and finally without action the house adjourned.

PAGE TWO—EDITORIALS.

Amendment of the Constitution.

   The constitutional convention is closing up its work. Final action has been taken upon a number of amendments, which are now in form for submission to the people. The propositions adopted are as follows:—

   1. Abolishing the office of coroner by dropping it from the constitution. The duties may be devolved by the legislature upon other officers.

   2. Providing that no bill shall be passed by the legislature until it has been printed and on the files of the members for one legislative day, unless the governor shall have certified to the necessity of immediate passage; also, that no bill shall be passed except by the assent of a majority of the members elected to each branch of the legislature, and that upon the last reading of a bill no amendment thereof shall be allowed, and the question upon its final passage shall be taken immediately thereafter and without debate. It is a precaution against "sneak legislation.''

   3. Providing that the speaker of the assembly shall become governor in the event of the death, resignation, or inability of the governor, lieutenant-governor, and president pro tempore of the senate. This provides for a possible contingency.

   4. Providing that no statutory limitation shall be placed upon the amount of damages recoverable by civil action for the loss of human life. The limit now, as fixed long ago by the legislature, is $5,000. A man bruised and maimed in a railroad accident may recover any amount of damages, all depending upon the jury, but if a man be killed through the negligence or carelessness of a corporation or its employees, his heirs cannot recover more than $5,000.

   5. Providing that in the absence of the lieutenant-governor, or when he refuses to act, the president pro tempore of the senate shall preside. Experience has shown the wisdom and necessity of this provision,

   6. Providing that no person shall be deemed to have gained or lost a residence by being the inmate of an institution supported wholly or in part at public expense or by charity. This is intended to remedy abuses under the present interpretation of law, but in all cases it would not operate justly.

   7. Authorizing the legislature to provide for the sale of the Salt Springs. This is s proper provision, and is the same that was submitted to the people in 1892, and actually adopted, but was defeated by a blunder in the canvass of votes.

   8. Providing that elective officers shall be chosen by ballot, "or by such other method as may be prescribed by law, provided that secrecy in voting be preserved." This is designed to open the way for the use of the ballot machine.

   9. Striking out of the constitution the provision for a codification commission. The vote on this amendment was 134 to 17.

   10. Prohibiting riders on appropriation bills, as a preventive of ill-advised, hasty and partisan legislation.

   11. Relating to the qualification of voters. The constitution, as it is, provides that "every male citizen of the age of 21 years who shall have been a citizen for ten days and an inhabitant of this state one year next preceding an election, and the last four months a resident of the county and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote." It is proposed now to require a citizenship of ninety days, instead of ten days.

   12. Providing that the legislature shall meet annually on the first Wednesday of January, instead of the first Tuesday.

   13. Providing bi-partisan election boards in all country as well as city districts.

   14. Providing that "no public officer or person elected or appointed to public office, under the laws of this state," shall receive free passes, free transportation, the franking privilege, or any discrimination in passenger, telegraph, or telephone rates.

   15. Relating to prison labor. It requires that the legislature shall provide employment for inmates of prisons, penitentiaries, jails, and reformatories; but after Jan.1,1897, no inmate shall be allowed to work, "at any trade, industry or occupation, wherein or whereby his work or the product or profit of his work, shall be farmed out, contracted, given, or sold to any person, firm, association, or corporation." But the amendment is not to be construed so as to "prevent the legislature from providing that convicts may work for and that the products of their labor may be disposed of to the state or any political division thereof, or to any public institution owned or managed and controlled by the state or any political division thereof." The purpose of this amendment is to prevent convict labor from coming into competition with free labor.

   16. The judiciary article, (adopted as already published, without change.)

   17. The apportionment of senators and members of assembly, fixing 50 districts, and providing for 150 assembly districts.

   There are important propositions yet to be passed upon, viz., canals, cities and education. The work thus far done is in the main excellent and commendable.

The Electric Road.

   The directors of the new electric railroad have been holding an almost continuous session since yesterday afternoon and have spent all the daytime out on the line of the road. They are looking over the prospects and expect to settle a number of questions at this time. Today they are on the McGrawville end of the line.

   Work will be begun at the car barns at 7 o'clock Monday morning on the electric railroad with a gang of 150 men, who will work toward Homer. There will be no more delays till the road is finished.

BREVITIES.

   —The D., L. & W. pay car passed through town at 9:12 o'clock this morning.

   —Prayer-meeting as usual in Good Templars' hall Sunday afternoon, led by Mrs. Mudge.

   —The "Men and Women" company, who appear at the Opera House to-night, are registered at the Messenger House.

   —There will be a meeting of the Cortland Republican league at 8 o'clock Monday evening. All members are requested to be present.

   —At the trotting races at Ithaca yesterday D. E. Kinney's horse, Nickel Plate, won third money in the free-for-all race. The purse was $200.

   —Mr. Hiram Polly, a cousin of Mr. Kelsey Hill of Cortland, died at his home in Berkshire Thursday of consumption, aged about 65 years.

   —Mr. George Conable has just picked some ripe strawberries from this year's runners in his strawberry patch. This is rather remarkable to be getting home grown berries at the middle of September.

   —Out of 210 jurors examined for the jury to try Charles Wilson at Syracuse for the murder of Detective James Harvey, seven had been accepted up to last night. Another panel may be necessary before a jury is secured.

   —At Ithaca yesterday at the bicycle races L. H. Tucker won the second prize in the mile open and in the half-mile open races. Mr. Tucker was the only Cortland man who competed. Dr. E. M. Santee acted as referee.

   —Esther L. Colegrove died yesterday afternoon, aged 34 years, 11 months and 19 days. The funeral will be held from her late residence on Court-st. at 1:30 o'clock Monday. The remains will be taken on the 3:07 train to Marathon for burial.

   —The partial eclipse of the moon last night was observed by many Cortland people. The sky was almost wholly clear and a good sight of it was obtained. When the eclipse was at its greatest about one-fifth of the moon's disk was covered.

   —Efforts are being made to secure Frank G. Carpenter, the Corean correspondent to the New York Press and twenty other papers, to deliver a lecture at Cortland soon. If the efforts are successful this well-known writer will undoubtedly be greeted by a large audience.

   —The annual sermon of the Protective Police of the Cortland fire department will be delivered Sunday evening by the chaplain, Rev. W. H. Pound, at the Congregational church. The members of the company will assemble at the engine house at 7 o'clock and march in a body to the church,

   —There will be a union meeting in the Y. M. C. A. rooms Sunday afternoon at 4 o'clock. The various young people's societies have united with the Y. M. C. A. in this service and a special invitation is extended to the students of the Normal. Each society will furnish a speaker for a short address. A male quartet will furnish music.

   —A change of time goes into effect on the E., C. & N. R. R. to-morrow. All Sylvan Beach trains are taken off. There is no change in the time of arrival or departure of trains at Cortland.

Reunion of Seven Sisters.

   The past week has been a family reunion at the home of Mrs. Ann Corcoran at 58 East Court-st., her seven sisters having spent the week with her. Those present were Mrs. M. Kennedy, Mrs. M. Donnelly, Mrs. John O'Brien, Mrs. M. Kehoe, Mrs. P. Lynch of Syracuse, Mrs. James McGinn and daughter Sarah of Warsaw, N. Y., and Mrs. Daniel Lynch of Fayetteville, N. Y.

   All returned to their respective homes to-day.

Progressive Whist.

   Mr. and Mrs. George C. Hubbard entertained most delightfully a small company of friends at their home on Port Watson-st. last night. There were five tables of progressive whist, and this fascinating game was indulged in until twenty hands had been played. Mrs. H. D. Call and Mr. G. A. Tisdale carried off the honors of the evening. There were no prizes, but each of the company, when they had been lined up in order of skill at the close of the game, was presented with a souvenir of the evening.  There was much merriment when the voluminous wrappings were removed from the sometimes bulky packages and the articles were disclosed to view and were examined by all.

   After refreshments the party viewed the eclipse of the moon and then spent an hour very pleasantly in a social way. Mr. and Mrs. Hubbard are delightful entertainers and their friends always enjoy an evening with them.

Don't, Please Don't

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   Each patient is individualized and treated according to his individual requirements. Improved methods are what the people want and they get it in a guaranteed cure, at THE MOUNT PROSPECT SANITARIUM, Binghamton, N. Y., P. O. Box 33, Telephone 315. Take Spring Forrest car.

   Dr. E. L. Johnson, Med. Director, late physician in charge of the Keeley Institute, Binghamton.

   Geo. S. Estell, Supt., Jno. W. Hopkins, Sec'y and Treas.

   N. B.—Highest testimonials from all who have taken our treatment.

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