The Cortland Democrat, Friday, May 10,
1895.
THE QUINLAN
CASE.
TWO MEN
ARRESTED LAST SATURDAY CHARGED WITH CRIME.
Jack
McDonald and Louis Clark in Jail Awaiting Examination.
At about noon last Saturday Sheriff Hilsinger
arrested Jack McDonald at his boarding house No. 9 Pomeroy-st., and at 2
o'clock he was arraigned before Justice Dorr C. Smith, on a warrant charging
him with murder in the first degree in causing the death of Patrick Quinlan, in
the highway, not far from his home about a mile and a half northwest of Homer
on Friday night Dec. 21, 1894. John Courtney, Jr. appeared for the District
Attorney in behalf of the people and Hon. A. P. Smith for the defendant. The
examination set down for this morning at 10 o'clock and the prisoner was taken
back to jail.
Louis Clark, who is charged with complicity in
the crime, was arrested by Chief of Detectives Sheppard and Dorner in Syracuse
at 3 o'clock, P. M., and was delivered over to Deputy Sheriff James E. Edwards
and Detective E. Haldebrant of Elmira, who went to that city in the morning
with the warrant for him. He was brought to Cortland on the train that reaches
here at 6:27 P. M. and refused to say a word about the accusation when questioned.
The investigation has been going on for some
time. Deputy Edwards of this place, Detective Heldebrant of Elmira and
Constable Shirley of Homer doing most of the work. Twenty-four witnesses, three
of them from out of the county, have been sworn before Justice Smith within the
last two weeks and it was upon these depositions that the warrants were issued.
Clark was arraigned before Justice Smith
Monday morning and the examination was set down for 10 o'clock this morning.
There are many stories afloat concerning the
evidence produced before the justice. but as the evidence was all taken ex
parte, without the accused parties having an opportunity to cross-examine
the witnesses, it would be manifestly unfair to print any of these stories, as
such a course might tend to create a prejudice against the prisoners. The fact
that they have been arrested does not prove they are guilty and they are
entitled to a fair trial.
As we stated last week, Quinlan's pocketbook
was found a few days since in a field on H. W. Keeling's farm in Homer and on
almost a direct line from the place where Quinlan was found to Homer village.
McDonald is a moulder by trade and was
working in the Howe Ventilating Stove
Works at the time of his arrest. He has been about town nearly all winter.
Clark was a carriage painter and was employed in H. A. Moyer's shops in
Syracuse. He had been In that city about three months.
The New
Railroad.
Contractor Bunday of the Erie & Central
New York Railroad on Wednesday ordered a contract with Mr. Leman Calkins for
two hundred piles to be used in crossing the river at this place closed [sic],
and Mr. Calkins will furnish the piles as fast as possible. The party who has
the contract for doing the work between the E. C. & N. tracks and the
river, has been busy all the week in filling in culverts and putting the road
bed in shape for drawing the piles with teams from the E. C. & N.
track to the site for the proposed bridge. A tool
house has been erected and other conveniences supplied for active work as soon as
the supplies arrive. The iron and ties have been arranged for and will arrive
within the next week.
As soon as the iron arrives the track will
be laid to the river and a construction train will be put on to haul supplies
as fast as the iron can be put down. The road bed is hard and in good condition
and the work can be pushed rapidly.
Found
Guilty.
The village of Cortland recently brought a
civil action against John H. Howard, who keeps a saloon on Port Watson-st., to recover
a fine under the ordinance recently adopted by the trustees, for selling liquor
without a license, and the case was tried on Tuesday morning before Police Justice
Bull. Witnesses were sworn to prove the adoption of the ordinance by the board
on the 25th of March, 1895, its publication according to law and service of same
on defendant. Charles White of Virgil swore that he called for beer in defendant's
saloon, April 25th, and that the bartender gave him something that tasted some
like beer but which the bartender said was not beer. Drank five or six glasses
and became intoxicated.
Dell White, the father of last witness, swore
that he was present at the time and saw his son drink liquid that had the
appearance of beer. He drank none himself.
Before any evidence was taken defendant's
counsel filed objections stating that he appeared for no other purpose than to
file objections to the jurisdiction of the court. The objections were overruled
and defendant then interposed a demurrer to the plaintiff's complaint which was
also overruled and defendant excepted. The defendant made no further appearance
and the justice entered up judgment against the defendant for $100 damages and
$5.80 costs. The defendant will appeal. I. H. Palmer for plaintiff, Dorr C. Smith
for defendant.
Helen Occupies
a Cell.
(From
the Syracuse Herald May 6.)
Helen Jewell, a daughter of Edwin D. Jewell
of Homer, sister of Miss Clara Jewell, former contralto at the Reform church and
at present a member of the Bostonians, is in Chief Wright's private cells at the
Police station. Miss Jewell ran away from home a few days ago and was found in
a boarding house in this city on Saturday night by the police. She said she was
going east to work.
Miss Jewell has had similar escapades
before, but has always been found. It is thought that her mind is affected.
Officer Jones of Cortland came here this morning and will return home to-night
with the girl.
 |
| Sig Sautelle's circus parade. |
Sig.
Sautelle's Circus.
Sautelle's 10 and 20 cent circus opened a
three days' stay at the north end of the Congress street bridge, West Troy,
yesterday. They give a performance which many a high priced show might well be
proud of. Several new and novel features are introduced and the performance is
all given in a single ring, which is much more agreeable than the big three
ring shows.—Times, Troy, N. Y., August 3, 1892.
Sautelle's circus and trained animal show
will exhibit in Cortland on the fair grounds on Thursday, May 16, 1895. Doors
open at 1:30 and 7:00 P. M.
Another
Bicycle Club.
The Homer-ave. League Bicycle Club is the
name of a new club and these officers have been elected:
Captain—W. Lincoln Seeber.
Lieutenant—Chas. Leonard.
Secretary—Miss May Ranney.
Licenses
Granted.
The commissioners of the board of excise for
this town held a meeting in Firemen's hall last Monday. Prof. J. E. Banta was
elected president of the board and J. W. Keese secretary. Seven applications
for drug store licenses were received and all were granted. The following are
the parties who have license to sell on physicians' prescriptions: G. W.
Bradford, C. F. Brown, F. E. Brogden, Sager & Jennings, Fred I. Graham,
Geo. Watson and the City drug store.
Fire
Extinguisher.
Last Friday morning several of our citizens
witnessed an exhibition of the Rex Fire Extinguisher in the rear of the
Garrison block where a smart fire had been started in a pile of dry goods boxes
which had been the roughly saturated with three gallons of kerosene oil. The
fire was an angry one from the start but every spark was extinguished in 55 seconds.
Mr. Thomas Aubrey of Scranton is the agent for this valuable little
extinguisher.
BRIDGE FRANCHISE.
A LIVELY
SESSION.
Report
of the Proceedings on the Final Hearing Held Before the Commissioner Last
Friday.
The final hearing before the Commissioner of
Highways, upon the application of the Cortland & Homer Traction Co., for a
franchise over the new road around the base of Greenwood Hill, between
Cortland and McGrawville, held at the office of H. L. Bronson, attorney for the
company, May 3d at 2 o'clock P. M. pursuant to adjournment, was largely
attended and was a spirited affair, showing that the people have awakened to a
proper conception of the value of the franchises, which have been given away
without much regard to their interests or consequences to follow therefrom.
The Traction Co. insisted upon an
unconditional franchise while those who represented the people advocated the
granting of a franchise conditioned upon the surrender by the company of its
right to cross Port Watson Bridge with its cars, which had been previously
granted by the town board under the mistaken impression that the road would not
be extended to McGrawville without it: That the use of the bridge, for railway
traffic, would not endanger those who desired to cross it with teams, obstruct
its use by the public or subject the bridge to excessive strain.
I. H. Palmer opened the discussion by reading
the following remonstrance and petition signed by 380 citizens of the town.
To the
Commissioners of Highways of the Town of Cortlandville:
The undersigned, citizens of
the Town of Cortlandville, hereby protest against the use of Port Watson bridge
in said town for the purposes of a surface street railway on the following
grounds:
1st. The capacity of said
bridge is no more than sufficient for the public travel which is required to
pass over it without the addition of the traffic occasioned by its use for the
purposes of a surface street railway.
2d. The use of said bridge by
such a railway will be dangerous to life and property, and will obstruct the
public highway at that point and prevent its legitimate use by the public.
3d. It will subject said
bridge to greater strains than it was intended to bear, and endanger the public
interests.
4th. We further protest against
the granting of any franchise to the Cortland & Homer Traction company over the new highway, around the base of
the Greenwood hill, between the villages of Cortland and McGrawville, except
upon the condition that the Cortland & Homer Traction company shall release
its right to pass over said bridge to the Town of Cortlandville.
He argued that the bridge and
its approaches were such that its use by the company would endanger those
crossing it with teams and would injure the business interests of Cortland by
detering those who would otherwise come to Cortland to transact business. That
it was entirely unnecessary that the company should cross this bridge, as the
company had secured all the land on the left [east] bank of the river suitable
for approaches to a bridge to cross the river at Elm or Railroad streets and could
acquire, without expense, proper approaches on the right bank. That the mistake
of the town board could be easily corrected by conditioning the franchise, for the
use of the new road around the base of Greenwood Hill, upon the surrender by the
company of its right to use Port Watson bridge for railroad purposes. That the
proposal to have the town board to bear the obloquy and censure, consequent on
its mistaken action, in granting to the company, the franchise to cross the
bridge, was inspired by unworthy motives and restored nothing to the people,
while the conditional franchise proposed would relieve the town board and
restore to the people the franchise for crossing the bridge, which ought never
to have been granted.
That the difference in the
expense of strengthening the present bridge, to fit it to bear the strain of
railroad traffic, and the cost of a new bridge, would be very slight in
proportion to the risks to be taken and the damages liable to be incurred in the
use of the bridge for railroad purposes. That to suffer the company to use Port
Watson bridge, was practically to permit the company to convert the bridge to
its own use, to the exclusion of others. That in persisting in retaining the
right to use Port Watson bridge, while seeking a franchise to cross at another
place, to which there was no opposition, the Traction company, "Like Rob
Roy proceeds upon the good old plan of keeping all it gets and getting all it
can." He said the commissioner was vested with a public trust and with
judicial functions and had no right to listen to suggestions outside of the
public hearing for which the statute provided, nor to prejudge the matter
before the hearing was finally closed.
The Commissioner had listened
to these remarks with a jocose smile on his countenance which did not comport
with their serious character, in the opinion of the next speaker.
Riley Champlin was called for
and took the floor. He concurred in what Mr. Palmer had said and observing the satirical smile still on the face of
the commissioner he proceeded to criticise this unseemly levity of the
commissioner, until it gave place to greater seriousness. Mr. Champlin spoke of
the character of the remonstrance against the use of Port Watson bridge, and
its signers. He said that public opinion was practically unanimous against it.
That only those who were disqualified to sit as jurors to try the question on
the trial before the commissioner, by reason of their interest and bias,
favored the granting of an unconditional franchise over the road around the
hill. He argued that the conduct of the Traction company had not been entirely
candid and sincere in their attempt to acquire franchises for all the
practicable sites for crossing the river without surrendering the right to
cross Port Watson bridge. That the statement made at a previous meeting that
the company would take measures to secure a crossing at Elm or Railroad street
had been construed to mean that the company would give up the right to cross
Port Watson bridge and this had lulled the people into fancied security, which
had been rudely shaken by the persistent and suspicious refusal of the company
to surrender its right to cross Port Watson bridge, after it was apparent that
another and better…obtainable.
John H. Kelley was the next
speaker. He attacked the motives of those who sought to have the condition,
giving up Port Watson bridge, incorporated into the franchise for the new road,
around the hill, suggesting that they were inspired by interest in the steam
railroad to Cincinnatus, of which he spoke ironically. He urged the
Commissioner to grant an unconditional franchise or none. He said
arrangements were completed for a right of way around the hill without using
the new highway, without expense to the Traction company, and characterized the
opposition to the use of Port Watson bridge for railroad purposes as opposition
to the extension of the electric road to McGrawville.
One might infer from his remarks,
that if the highway road between Cortland and McGrawville were rendered unsafe
for teams, that McGrawville expected to reap a benefit therefrom by retaining
traffic, at that place, which would otherwise come to Cortland.
Mr. J. K. Greenwood was next
called upon. He claimed the new highway around the hill had depreciated the
value of his property, unless the electric road was extended over it. That his
land had been acquired by the town with the understanding and promise that the
Traction company should have a franchise over it and that to refuse the
franchise, or annex conditions to it, was a breach of faith, and an injury to
him.
Wm. J. Mantanye was called
upon. He said he had no doubt that Mr. Greenwood had stated the representations
made to him correctly, but those who had made these representations were not
authorized to make them, and they should ever have been made, and should have
no right in the decision of the question now to be decided by the Commissioner;
that he did not blame Mr. Greenwood for feeling that he had been imposed upon
by those who had made these representations to him. He further described how
the electric cars had driven teams from the streets on which they run, and
had diverted traffic to other streets. He argued that the use of the bridge for
railroad purposes would greatly diminish the traffic by teams over this bridge,
and would result in a practical conversion of the bridge by the Traction
company. He said people had been induced to petition for the opening of the new
road around the base of Greenwood Hill, in the belief that the company would
surrender its right to cross Port Watson bridge and would cross the river at
Elm or Railroad street on to their own [park] land, which the people desired
and expected would be done, and the people had been induced so to believe, by the
Traction company and its representatives.
H. L. Bronson next took the floor
saying he had designed to say nothing in this discussion; he welcomed fair and
honorable opposition and was tolerant of those who honestly differed with him
in opinion. He complimented Messrs. Palmer and Champlin on their sincerity and
fairness in the discussion, but said the lying statements of the last speaker
was more than he could endure and remain silent. He criticized Mr.
Mantanye's statements with great severity, charging him with falsehood.
Charles T. Peck took the floor
to vindicate Mr. Montanye from these aspersions. He said he had circulated the
petition for the laying out of the new road around the hill, which he had
always favored as had his father before him. That those who signed the petition
for the new road had also signed the remonstrance against the use of Port
Watson bridge for railroad purposes. That he had explained to those who signed
the first petition that no franchise for the use of this road could be founded
on that petition and had then learned that public opinion favored granting a
franchise over this road only on condition that the Traction company should surrender
its right to use Port Watson bridge for railroad purposes. That the town Board
had made a mistake in granting a franchise to use this bridge for railroad
traffic which should now be remedied and the Commissioner would be held
responsible for the consequence if he failed to do this. He said the people
were substantially unanimous in their opposition to the use of this bridge by
the company. The only exceptions being [those] who feared their business
relations with the company might be strained by signing the remonstrance
against it. He gave examples illustrative of this, which were easily understood
without mentioning names.
H. P. Goodrich then took the
floor and said he preferred that Port Watson bridge should not be used for
railroad purposes, if it could be avoided, but he would rather have the bridge
so used than that the road should not be extended to McGrawville. He further
said, if he were in the place of the company he would not surrender the franchise
over this bridge.
A question put to Mr. Goodrich
by Mr. Peck brought out the fact that he had signed the remonstrance against
the use of the bridge understanding its contents and meaning at the time and
had since became the owner of bonds of the Traction company. This fact appears
to account for his apparent change of base.
The Commissioner of Highways
then announced that the hearing was closed and that he would take time to
consider the matter carefully before deciding it.
We learn that the Traction Co.
has since been circulating a counter petition notwithstanding the hearing was
closed at the request of the companies attorney.
It is obvious that this supplementary
petition cannot be properly used to influence the decision of the Commissioner
who would not only be insulted but would subject those who attempted it to
prosecution for contempt. As well might a party to a litigation seek to influence
a juror out of court in a case on trial before him, or a judge or
referee as the Commissioner of Highways in such a proceeding, after the hearing
is closed. REPORTER.
HERE AND THERE.
The Frazier steam laundry in
Homer has shut clown.
At 3 P. M. Sunday the
thermometer stood at 95 in the shade in Homer.
The E. C. & N. R. R.
has commenced the erection of a new car shed just west of the water tank. It
will be 500x40 feet.
George Haskins, who was so
severely burned at Preble last week, is considered out of danger by the
attending physician.
The Normals went to
Homer last Saturday afternoon to play the Academy nine of that place. Result,
Homer 32, Normals 22.
The magnolia trees in the
yards of G. J. Mager and J. R. Schermerhorn are in blossom and are attracting
much attention from passers.
Frank Sheperd of Cortland, who
was arrested and taken to Cazenovia for indecent exposure, plead guilty and trial was adjourned until
the 22nd, when he was discharged.—DeRuyter Gleaner.
The Young People's Society of
Grace church presented "Rebecca's Triumph" to a pretty good audience
in the Opera house last Monday evening. All the parts were well sustained and
the performance as a whole was decidedly creditable for amateurs.
Charles H. Edwards of
McGrawville, was brought before Justice Parker of that place Tuesday morning
and charged with selling liquor without a license. He plead guilty and was
fined $50 or fifty days in jail. He paid the fine and announced his intention
of retiring from business.
W. H. Hall will give a
decoration day party at his hotel in Virgil on Thursday evening May 30. Music
by Palmer & Guier's full orchestra. Bill $1.50.
Mr. Lloyd S. Ingalls, son of
Dr. C. E. Ingalls of this place, graduated from the dental department of the
University of Buffalo last week with high honors.
Mrs. F. R. Furber of the
Pomeroy-st. school and Miss Frances Ellis of the Owego-st. school have resigned
and Miss Anna W. Blackmer and Miss Ella Garrity have been chosen to fill the
vacancies.
Regular meeting of the W. C.
T. U. on Saturday, May 11. Consecration service conducted by Mrs. P. H.
Patterson. Subject for the after meeting—"Citizenship of women or mutual
inheritance."
With Sautelle's circus, to
exhibit here next week is Pauline Carri, formerly known as Pauline Wheaton of
Killawog and Marathon. Carri is one of the best lady riders in the circus
arena.—Marathon Independent.
Tobias Robarsh, who was
charged with permitting a chicken dispute [cock fight] on his premises last
week and plead not guilty, withdrew that plea before Justice Smith on Wednesday
and plead guilty. He was fined $30 which he paid.
Nelson Burgess of Union
Valley, who was charged before the April grand jury with an attempt to poison
his wife and whose whereabouts was unknown at that time, has returned home and
it is said that he and his wife are now living together again. The action of
the grand jury, which has been criticized for not finding an indictment against
Burgess, seems to be justified in the light of the present situation.
At 4 o'clock last Sunday
afternoon box 223, corner of Homer-ave. and Main-st. sent in an alarm. A
chimney in B. H. Wheeler's house on Wheeler-ave was burning out and gave some
trouble, but the fire was put out without doing much damage. Some of the hose
carts were drawn to the Excelsior Top shop on Elm-st., but the hook and ladder
boys drove straight to the fire. Almost everybody seemed to be misled as to the
location of the fire.
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