PHELPS INQUEST POISONING VERDICT

Cortland Evening Standard, Friday, January 4, 1895.

ARSENICAL POISONING.

CORONER'S JURY THINK THE WIFE GAVE IT.

Verdict in the Loren Phelps Case—Mrs. Phelps was not Sworn—Concluding Testimony.

   The inquest in the Phelps case was continued at McGrawville yesterday afternoon beginning at 1 o'clock. It had been the intention to call to the witness stand Mrs. Phelps, widow of the deceased, but it was afterward decided not to do so. She was represented in the inquest by her counsel, Riley Champlin of Cortland. Coroner Bradford was cautioned by District Attorney Burlingame who was present, that if he did swear her as a witness because suspicions had been cast upon her of being guilty of administering the fatal poison, she must first be informed that it would be her privilege to refuse to answer any questions she thought would in any way tend to incriminate her. Consequently she was not called.

   The testimony of Emmet Finn was continued from the forenoon. The only thing of importance which was drawn from him was that he was at the Phelps house shortly before the death of Mr. Phelps and heard Dr. Hendrick suggest giving eggs to the sick man. Mrs. Phelps said she had none in the house.  Mrs. Edith Pritchard was also present and said she had some at home. Mr. Finn went to Mrs. Pritchard's and got them. When he returned with the eggs, Mrs. Phelps said there was no use of giving those to her husband and she took them into the pantry and put them away. Mr. Phelps died about twenty minutes later.

   Mrs. Adelbert Phelps, the brother's wife, was next called. She said that for three or four years she had not been on visiting terms at the home of Loren Phelps because she had advised Loren's daughter Jennie to keep better company. The mother thought she was meddling with what did not concern her and hard feeling had resulted. However, she was present at the time of Mr. Phelps' death. Shortly before he died he told the witness that he had lately stopped chewing tobacco and had chewed herbs instead and perhaps it was the herbs which made his stomach feel bad. Witness alleged that he had told her that his wife had rubbed him during his sickness and had done for him all she could.

   Dr. H. C. Hendrick was again called to the stand and testified that he had never told any one that the deceased was suffering from typhoid pneumonia. He had a severe inflammation of mouth and stomach.

   Mr. Adelbert Phelps was recalled, but nothing new was learned from him.

   Mrs. Deville Brown testified that Jennie Phelps came to her house on Saturday afternoon, Dec. 8, and said that the mice were eating their popcorn and she wanted to borrow some strychnine to poison them with.

   Mrs. Florence Pritchard said that Jennie Phelps was at her house at two different times during her father's illness, but said she must hurry right home to help her mother, as when they tried to give to her father milk in a spoon he always tried to push it away.

   Mrs. Edith Pritchard testified to the fact that Jennie Phelps came to her house between 3 and 4 o'clock the morning Mr. Phelps was taken sick, to get some one to go for the doctor as her brother Herbert could not go. Her husband went. She corroborated the circumstances told by Mr. Finn about the eggs. Witness had had a conversation with Mr. Finn over the borrowing of the strychnine of Mrs. Brown, and Mr. Finn had told her that he didn't consider that a suspicious fact as the Phelps family had frequently borrowed Rough on Rats at his house to poison mice. Witness said that when Dr. Hendrick told Mrs. Phelps that her husband couldn't live through the night she showed no signs of emotion.

   Frank Pritchard corroborated the words of his wife about his going after the doctor. Ho also verified the egg story. He said that in his presence on Dec. 11, Mrs. Phelps referred to her husband as "an old fool." He swore that Mrs. Pritchard asked the undertaker if he saw any poison when he laid the body out, and a negative reply was given. He didn't think Mrs. Phelps felt very bad over the death of her husband.

   Willie Smith told of his connection with the Phelps family. He first saw Mrs. Phelps in the spring of 1894 when she came to Irving Phelps, where he was at work to clean house. He saw her later at her own home when he went there to deliver some hay. He didn't see her again until June 1 when he went there to see his colt which Mr. Phelps was keeping for him. He recollected going there to see the colt once in about three weeks for some time. Once in July he took dinner there. He saw Mrs. Phelps in October at Mr. Irving Phelps' when she was working there, but he never went home with her from there. In the latter part of October he took dinner on Sunday at Loren Phelps'. In November while he was living in Cortland he met Mrs. Phelps twice at Miles Peck's while she was working in Cortland and took her to Solon. The first time she went home. She came back to Cortland with him. They left Solon at 5 o'clock and reached Cortland at 9 o'clock. They didn't stop anywhere and he left her at Miles Peck's and he didn't go into the house.

   On the Sunday before Thanksgiving he went to Solon to ask Jennie Phelps if she would take dinner on Thanksgiving day at the home of his brother in Cortland. Mrs. Phelps went with him and stopped at John Byron's, didn't go home at all. Mrs. Phelps told him to tell Loren that she had a spell on and wouldn't go home. On the night before Thanksgiving he went over to Solon to get Jennie. He saw Mr. Phelps and that gentleman asked him if he had come for his wife.  His reply was, no, he came for his daughter. He went into the house and joined the family at prayers. He is a member of the First Protestant Methodist church of Cortland. He knew of no reason why Mrs. Phelps should say that he was going to run the Phelps farm, as he had had no such intention or thoughts.

   John Byron testified that Mrs. Phelps had told him that she and Loren had some words over the sale of some butter. She had understood that the man to whom they had sold it was not good pay and she had told Loren that she would stay in Cortland until she got the money for it. Loren was provoked and told her if she came the next day he would lock the door on her. Accordingly she stopped at his house and did not go home. She came with Willie Smith and went back with him. They left after 4 o'clock. While at the house that day some one inquired if Smith was the fellow who was going with Jennie, and her only reply was, "Who would go with that innocent fool?"

   A. H. Atkins, the undertaker, was called. He testified that Dr. Smith came to his house at midnight on Dec. 14, and said Dr. Hendrick desired him to take the undertaker back. Dr. Smith directed him to use whatever embalming fluid he needed on the outside of the body, but not to get any inside, as there would undoubtedly be an inquest. He did not inject any preservative fluid into the body. The doctor couldn't give him a burial permit as he didn't know the cause of the death. Mrs. Phelps asked him if he noticed anything different about this body from other bodies He said he saw red spots not usual on bodies. She inquired if there was anything else and his reply was that there was nothing that he wanted to speak about. She said she hoped Mr. Brown would call a coroner.

   At about 5 o'clock the case was given to the jury. They considered the matter for two or three hours and the inquest was then adjourned until 10 o'clock this morning. At the appointed time the jury brought in the verdict:

   "That Loren Phelps came to his death from arsenical poisoning on Friday, Dec. 14, 1894, at about 9 o'clock in the afternoon of that day and that it is the opinion of this jury that said poison was administered to said Loren Phelps by his wife, Adelia Phelps."

Russian thistle.

PAGE TWO—EDITORIALS.

"A Scourge to Agriculture."

   Under the above title the Scientific American gives a description of the Russian thistle, which, in some parts of the West has been even a greater affliction this year than the drought. The destructiveness of the weed almost passes belief. The paper says:

   In 1891 the Russian thistle was first reported to the department of agriculture. Described as a species of cactus, scientific investigation showed that it was neither a thistle nor a cactus, but a variety of common saltwort (Salsola kalitragus), with the habits of the tumbleweed of the American plains.

   This weed, which has become the worst scourge that has ever afflicted agriculture in the prairie states, was introduced into the United States in flax seed brought from Russia and sown in Bonhomme county, S. D. In 1892 it had caused damage amounting to several millions of dollars.

   Reports to the department in November, 1893, showed all the counties of South Dakota, east of the Missouri river, and twenty counties in North Dakota infested by the thistle. Its presence was also reported from four places west of the Missouri, two counties in Minnesota, three in Iowa and four in Nebraska. The seed was scattered from Denver to Madison, Wis., and from the Red river of the North into Kansas on the south. The dry season of 1894 leaves a territory of 200,000 square miles thoroughly infested by this scourge and an area of 100,000 has felt its presence as a destructive blight upon all grain crops.

   Owing to the drought over this grain-growing region, no correct estimate of actual damage by Russian thistle can be formed. In the Dakotas thousands of fields of grain and flax that would have yielded a partial crop were abandoned. No harvester or thrasher has been found to handle a crop infested by this pest. It dogs the machinery, fouls the grain, and renders fall plowing impossible. The land must first be cleared of thistles before it can be plowed. If thistles are plowed under, even when partially matured, they will spring up more thickly than ever through six inches of soil.

   The treeless, wind-swept prairie states are the home of the thistle. It is distributed by the wind, which rolls the full grown ball-shaped plants, from one to six feet in diameter and each holding from 20,000 to 200,000 seeds. We give a photographic illustration showing two of these balls. Like the tumbleweed, it bounds over the prairies with a movement resembling that of the jack rabbit, traveling hundreds of miles, leaping over or breaking down fences, carrying fire before the wind, or endangering property by accumulating in heaps of in flammable material. Horses or cattle cannot be driven across a field rankly grown up to thistles. No animal will eat it after its myriad of sharp spikes appear.

   Grain elevators closed, railroads without traffic, farmers without crops, settlers leaving large areas of otherwise rich farming lands, vast regions without a furrow turned where in other seasons all the grain lands were plowed for next year's crop—these are the signs on every hand of the devastation wrought by the Russian thistle in the Dakotas. At preset it is impossible to predict the future ravages of a scourge that has caused damage this year running into the scores of millions and that may drive the grain farmer out of all the prairie states.

   The first effects of the thistle will be to drive farmers in the infested region to tilling more cultivated crops. The grain acreage in the region will be reduced from fifty to seventy five per cent [sic]. The granger railroads will show enormous falling off in grain freight receipts for the last quarter of 1894, as about three elevators out of four are closed for want of crops. An immense emigration is taking place out of the regions mentioned.

FARMERS' INSTITUTE.

Now in Session at the Courthouse in Cortland.

   The New York State Agricultural society's farmers' institute opened at 10:30 o'clock this morning at the courthouse with a hearty address of welcome by Mr. Henry Howes of Cuyler. It was responded to by an excellent speech from Mr. F. A. Converse of Woodville, Jefferson county.

   He was followed by Mr. E. Van Alstyne, of Kinderhook, who ably discussed the question "Can the farmer use commercial fertilizers in connection with farm manure profitably?"

   The last period was devoted to a most timely article by Lloyd F. Rice of Homer. His subject was "How shall we improve our country roads?" He showed the particulars of construction of macadmized roads and concluded that they were advantageous on main lines of travel, but too expensive for ordinary roads. The remainder of his discourse was devoted to advocating the wide tire.

   The subjects under discussion this afternoon are "Small fruits for the farmer" by Mr. F. A. Converse of Woodville and "Is it practical to use the separator on the farm?"

   The program for to-night will include music by the glee club, a paper, "Stick to the farm," by Mrs. S. S. Hammond, a recitation by Miss Fannie M. Galusha and another paper on "Practical Poultry Keeping," by Mr. J. E. Rice of Yorktown.

   To-morrow morning Mr. H. E. Cook of Denmark will discuss the subject "The Silo in Connection with the Production of Milk" and "Potatoes as a By-Product," by Mr. George H. Hyde of Cortland.

   One of the articles Saturday afternoon will be "Possibilities for the Educated Farmer," by Mr. Fred M. Sheerer of South Cortland.

   A question box is used at the opening of each session. Mr. George A. Smith is director. Headquarters are made at the Cortland House. Nearly every seat in the courthouse was occupied at both this morning and this afternoon's sessions.

A Birthday Surprise.

   One of the most complete surprise parties which ever occurred in Cortland was given to Miss Iva Yager of 80 Maple-ave. by her young friends on Wednesday evening. The young people met at the home of Miss Grace Keeler at 7 o'clock and proceeded to the home of Miss Iva who was enjoying a quiet evening with her parents and aunt, Mrs. Geo. P. Yager. Games were played until 10 o'clock when bountiful refreshments were served and the young people left many gifts behind them in honor of Miss Iva's twelfth birthday.

   Those present were Edith Swift, Grace Keeler, Eva Wetherell, Grace Mallery, Ella DuChette, Willie Watkins, Fred Nichols, Ruby Nichols, Harry Haynes and Arthur Moore.

Fanny Rice.

   "A Frau's Frolic," is the name given to an adaptation from the German of the great comedy, "Three Pairs of Shoes." Its first production in English is by Fanny Rice and her Jolly Surprise company. The play gives Miss Rice every opportunity to display her charming personality and her accomplishments. This is her fourth season as a star, and she is generally regarded in the theatrical world as the legitimate successor to Lotta, and Rosina Vokes, uniting in herself many of the most prominent elements of success, not only in her talent, personal magnetism and art, but in the purity and retirement of her private life. The play will be seen at the Opera House to night.

BREVITIES.

   —The installation of officers of Kellogg Camp, S, O. V., will occur to-night.

   —Mr. Donald Munro has rented the Geo. Brooks farm about two miles south of Cortland and will take possession the first of February.

   —A chocolate tea will be served this evening at the Presbyterian chapel by the Y. P. S. C. E at the close of the regular monthly business meeting of the society.

   —The annual installation of officers of Cortlandville lodge, No 351, A. O. U. W., will be held in the lodge rooms this evening at 7:30 o'clock. All members are requested to be present.

   —The house in Foundry Lane referred to in an item in last Monday's STANDARD was one rented by H. J. Messenger. There are other houses in the Lane and a misapprehension has occurred as to which house it was.

   —Mr. James F. Costello, who is taking Superintendent F. A. Bickford's place during his absence, to-day changed the chief's gong and register from Past Chief N. J. Peck's home to Chief A. G. Bosworth's residence at 37 Madison-ave.

HOMER DEPARTMENT.

Gleanings of News From Our Twin Village.

   At the annual convocation of the Homer lodge, No. 352, F. and A. M., held in the rooms of the order in the Sherman block on Dec. 24, 1894, the following officers were elected and installed:

   W. M.—Frank D. Carpenter.

   S. W.—Robt. B. Wilmarth.

   J. W.—Wm. J. Watson.

   Treas.—Lyman H. Heberd.

   Sec.—John H. Van Hoesen.

   S. D.—Robert J. Watson.

   J. D.—Henry K. Bedell.

   Chaplain—L. P. Norton.

   Marshall—W. H. Crane.

   S. M. of C.—William A. Coon.

   J. M. of C.—Lyman H. Heberd.

   Tiler—A. S. Preston.

   At the annual meeting of the Homer fire department held in Fireman's hall last evening the following list of officers were elected to serve for one year:

   Chief—Frank Sticker.

   Assist. Chief—Clarence Torry.

   Secretary—L. P. Merrill.

   Treasurer—W. H. Crane.

   Chief Sticker appointed the following finance committee: Thos. Knobel, W. H. Crane and Burdett Griffin.

   In his report for the year ending Jan. 3, 1895, Chief Knobel stated that there had been more alarms of fire (14) than in any previous year in the history of the fire department. Of the fourteen alarms nine were of fires where the services of the department were required, four of fires which were extinguished before the department arrived and one was a false alarm. The total loss by fire has been $47,188.50. The total amount of insurance has been $22,241.50. The sum of $55 has been paid by the trustees in prize money. It was awarded as follows: Tioughnioga Hose Co., No. 2, $2.50; Prestonville Hose Co., $5.00; Triumph Hose Co., No. 4, $17.50; Tempest Hose Co., No. 3, $30.

   After reviewing the equipment of the department the retiring chief made the following recommendations for appropriations sufficient for the following uses of the department: The purchase or 500 feet of new hose, painting the Hook and Ladder truck and the hiring of a janitor for the headquarters of the department. The report closed with complimentary greeting to the department and the citizens of the village and was signed by Thos. Knobel, chief.