Tuesday, March 6, 2018

PERRY IS CAUGHT



Oliver Curtis Perry.

The Cortland Democrat, Friday, April 19, 1895.

PERRY IS CAUGHT.
THE LAST AND MOST IMPORTANT CAPTURE OF THE MATEAWAN FUGITIVES, AT WEEHAWKEN, N. J.
Perry at First Claimed to be "a Plain Tramp" Looking for Work, but Finally Admitted His Identity.
   HOBOKEN, N. J., April 16.—The arrest of train robber Oliver Curtis Perry at Weehawken settles all reports of his having been seen at many points between the Matteawan Asylum and Amsterdam since his escape from Dr. Allison's custody on Wednesday in company with four other convicts confined in the Matteawan institution.
   Perry is now in the Hudson county jail, Jersey City, awaiting the arrival of New York State officials. As he is a fugitive from justice, extradition proceedings are unnecessary and he will be surrendered to the proper officials upon application. Perry was discovered with other tramps, standing about a fire near Weehawken in the yards of the West Shore between four and five o'clock this morning by Edwin Clifford of the railroad staff.
   Something in the man's bearing lead the officer to think of Perry, for whom all the Vanderbilt railroad detectives have been on the alert. With the assistance of policeman McAleese, of the Weehawken force, an attempt was made to nab the suspect who at once left the group around the fire and started up the hillside in an endeavor to escape. The chase extended for quite a distance up and down the rocky slopes surrounding the West Shore yards, and the fugitive finally came to grief by stumbling over a ridge above the tracks and then falling over some ragged rocks a distance of from fifteen to twenty feet. The accident gave him a sprained ankle, and was doubtless owing to his uncertain footing due to badly blistered feet. His predicament gave his pursuers the advantage they needed, and he easily became their prisoner.
   Perry who had evidently had a hard time since leaving the Matteawan Asylum, was at once taken to the Weehawken lockup, where he passed into the custody of Chief of Police Simon Kelly. Perry was clad in a soiled salt and pepper coat, a dark vest, brown trousers and a blue shirt. On his feet were a pair of well worn, heavy brogans, which were broken out at the sides and had been cut open to ease the wearer's weary feet. When examined by Chief Kelley, he said he was John Morton or Martin, thirty-one years old, and "a plain tramp" looking for work. Kelley advised the New York police of the man's character and a detective from the Mulberry street headquarters came to Weehawken with a photograph of Perry. The identification was apparently certain, but was made sure at about 11:30 when the captive told chief Kelley that he was Oliver Curtis Perry.
   The Chief then wired Dr. Allison at Matteawan that he believed his captive was Perry and asked that officers be sent to make positive the identification.
   As a result of his request, attendant James Coyle was sent from the asylum.
   As to his whereabouts since leaving Matteawan, Wednesday night, Perry declined to say anything beyond admitting the fact, that he spent Thursday night in the woods. New York reporters tried without success to interview him. Perry finally did tell Kelly and Clifford, however, that he was in New York Sunday night at Jerry McAuley's mission, where he was given a card to a hospital to have his blistered feet doctored. The reports at the hospital at which he was treated conflicted and he does not make that point clear.
   Fearing for the safety of his man in the Weehawken jail, Chief Kelly transferred him to the keeping of Sheriff Toppey at the Hudson county jail this afternoon. The transfer was made in a coach, the prisoner being manacled to Detective Clifford.
   Perry had $2 in money when registered by the Warden.
PERRY'S STATEMENT.
   This evening Perry was allowed to talk to the reporters. His story of the manner in which the escape was affected did not differ from that of the other prisoners. He then proceeded: "We knew there would be no chance for any of us if we attempted flight together. We separated, therefore, at once, and I have not seen any of the men who escaped with me since.
   "As I was going away, the outside guard called to me to halt. Next he set his dog on me. When the dog came for me, I set him on another man that I saw ahead of me. I did not hear a single shot fired.
   "Where did you go next?" Perry was asked.
   "Well, principally here," he said.
   Perry raised out his hands deploringly and looked at his tattered clothes.
   "I am ashamed of just one thing," he continued, almost crying, and that is my appearance. I feel disgraced by these clothes. I could have had tools, a gun, money and good clothes, if I had wished for them. My friends are not all dead. I preferred, however, the garb of a tramp and the hardships that garment meant for me. I could pass unnoticed that way.
   "I have changed my clothes several times. I picked up several old suits. I was afraid some one would recognize the prison shirt, and I rolled it back at the throat exposing my undershirt. In this way my coat hid the shirt. I thought when Chief Clifford caught me he might think the shirt was an almshouse shirt. He knew better than that, though. My chances were gone when he saw that shirt."
   "Where did you get the clothes you have on now," some one asked.
   "Oh, I picked them up," Perry answered. "This blue and white tie I have on a woman in Jersey City gave me. She also gave me two pairs of stockings and something to eat."
   Perry was urged to tell how he came to New York.
   "Why should I tell that?" he said. "Who knows? Perhaps some time I may have occasion to use the same route again. No. I won't tell anything about that. We will say I reached New York some time on Saturday night. That is enough. I walked up Jay street to the Hudson street hospital, where I gave the name of John Martin and had my feet dressed.
   "I crossed the Jersey Central ferry Monday night. I walked through the freight yards and along the track to a trestle. Here I changed my clothes. The suit I took off must be down there now. As I said, these clothes I picked up, fire episode came next. The fatal mistake of the whole thing was my going to that fire. I was cold and the fire looked bright and cheerful. The company of the tramps, too, was not unwelcome, for I was lonesome."
   "Well," Chief of Police Kelly said, "You would have been picked up very soon anyway. Perry, you could not have escaped from the country."
   "That may be so. But while I was free I had hope," Perry continued despairingly.
   "Oh, you do not know what the long term of prison before me means. Now I need some compassion and sympathy. I have been brought to this position by leading a roving life when l was a boy. I know I was not bad at heart.''
   Perry complained bitterly of the treatment he had received at Matteawan. "I should never have tried to escape." he said, "if I had received decent treatment. There were friends who could have interceded for me if I could have attracted their attention in any way. One can do nothing in the isolation ward. Visitors to the Matteawan asylum are taken through all parts of the institution except the isolation ward. They are never allowed to come there. Men do something out of the way and they are walked in the isolation ward. Sane enough when they go in, they become idiots before long. The men at first are put there to get them out of the way, so they wont tell unpleasant things they know.
   "I have been there sixteen months. I have never seen a padded cell. If a man displeased them at Matteawan,  he is taken from his cell by three men. One man stands on each arm while the third man jumps on the prisoner's stomach,
   "There is s trick in this. They know where to jump so as not to break any ribs. They do some times make a false step and break one or two ribs. They never did this to me. I gave the keepers to understand that if they did, I would get back at them some time. I wish to have it understood that all my hopes are gone if I must go back there to stay shut up until I am grey-headed."
   The four who escaped with Perry were captured not far from the asylum early in the week.
   When the asylum officers went after Perry, the Sheriff of Hudson county refused to deliver him over until the reward of $2,250 offered for his capture was paid. The asylum officer left for Albany to obtain a requisition on the Governor of New Jersey.

He's a Tramp Now.
   John Edwards formerly, as he says, editor of the Cortland Journal, at present a tramp, was arraigned in Police court yesterday. He said he came to town to call on his old friend, Carroll E. Smith, of the Journal, to get a job.
   He made many apologies for being in Police court, and was finally discharged.—Syracuse Courier.
   No person of the name of John Edwards ever edited the Cortland Journal.—Ed. DEMOCRAT.

Too Modest.
   It is reported that a certain dealer in millinery goods has been required to remove her display of hosiery from her show window on account of immodesty. We are reminded of the young lady who neglected to put pantalettes upon her piano legs—or the spinster who refused to accept a legacy on account of the indelicacy of the term. Surely modesty is a commendable virtue. But there are some small men who make a ridiculous and damaging exhibit of themselves simply to attract public attention. Apparently on the theory—"Better be damn'd than mentioned not at all."
   COM.

A Mail Carrier Punished.
   Morris A. Mulkin, driver of the Kings Ferry-Auburn stage, must spend the next two years in prison. In United States District court at Utica, Friday, he was convicted of embezzling from the mails and the above sentence was imposed by Judge Coxe.
   The crime of which Mulkin was convicted was committed in November last. Mulkin drove the stage from Kings Ferry to Auburn. A registered letter containing about $90 was stolen from one of the pouches which had not been securely locked. The theft was traced to Mulkin, who made a confession to the postoffice [sic] authorities. He afterward denied his guilt and was tried with the result stated above.—Ithaca Journal.


A TRIUMPH OF SCIENCE.
A New Discovery That Will Cure the Most Dreaded Forms of Cancer and Consumption.
   WASHINGTON, April 11.—From Germany comes the first official news of a great American discovery said to cure the most dreaded of diseases—consumption and cancer. Consul General De Kay, at Berlin, in a report to the State Department, says the discovery, which was announced late in March in the most serious and trustworthy medical weekly in Germany, is likely to receive considerable attention at the coming medical congress at Munich.
   The discovery was made by Dr. Lewis Waldstein of New York, a brother of the famous archaeologist, Dr. Charles Waldstein. The new treatment, which has been perfected by studies abroad, consists of injecting minute doses of pilocarpine until the lymphatic system is stimulated and the white corpuscles of the blood overcome the poisonous particles which produce disease. Dr. Waldstein's researches have gone to the fountain whence those healthful white corpuscles spring and by enlivening its action and productiveness restores the condition of the blood destroying germs.
   The importance of the discovery is thought to be far beyond those of Pasteur, Koch and others.

PAGE TWO—EDITORIALS.
The Right to Labor.
(From the N. Y. Post.]
   We have obtained briefs and the judge's opinion in the case of Tilt vs. Illinois, which declared unconstitutional the eight hour law of June 17, 1893. Section 5 contained the gist of this statute, and was worded as follows: "No female shall be employed in any factory or workshop more than eight hours in any one day, or forty-eight hours in any one week." The context of the other sections seemed to indicate that the restrictions of the statute were limited to factories or workshops, or to dwelling houses or other places where the inmates were engaged in the manufacture of wearing apparel, artificial flowers, or cigars.
   The decision of the Supreme Court of Illinois, by Judge Magruder, intimated its opinion that if section 5 was to be construed as applying to such occupations only, it would be unconstitutional also for the reason that it effected class legislation. But the court's opinion does not proceed mainly on this narrow view, but expressly decides that a woman is a citizen, and that the right of a citizen to make his or her own contract for labor or services is part of the protection of liberty and property guaranteed by the fourteenth amendment of the federal constitution, by section 1977 of the revised statutes of the United States, and by the constitution of Illinois, article 2, section 1. The court also decides that the statute is not within the police powers of the Legislature, for the reason that it is not shown that it was passed with any sanitary purpose, and that, the occupations engaged in being expressly lawful for women, the hours of each day which they should devote to such work could not be limited by statute. The court intimates that had the inhibition of the statute extended to minors only, it might, under the police powers, have been sustained.
   In all of the individual cases the employers were fined under the penal section of the statute for employing women, of whom all but one were over age, for more than the time allowed. The statute is a substantial copy of that existing in all the New England states, New York, and many other states. It does not in terms prohibit a contract by a woman and her employer to labor more than eight hours a day, but imposes a penalty upon any person or corporation failing to comply with any provision of the act, which would, of course, include the employee as well as the employer.
   The appellants counsel contended, in the main, that the act places unwarranted restrictions upon the individual's right to contract, citing the above-mentioned provisions of the state and federal constitutions, the dissenting opinions of Justices Bradley and Swayne in the famous slaughter house cases, and the various decisions in state supreme courts which have declared unconstitutional laws forbidding payment by employers in goods or commodities other than lawful money, laws prohibiting the manufacture of cigars in tenement-houses, laws prohibiting the sale or disposal of articles with a gift or reward, laws prohibiting employers from imposing a wage penalty for imperfect weaving, laws prohibiting the screening of coal before the miners are paid, laws providing for a weekly payment of wages by corporations, laws requiring contractors with a city to adopt the eight-hour day for their labor, and laws forbidding or regulating special occupations.
   Judge Magruder, in his opinion, cited many of the cases in the brief for plaintiffs in error, and concluded that the act was unconstitutional both as being applied to certain occupations and not to others and upon the general ground. He said:
   "Aside from its partial and discriminating character, this enactment is a purely arbitrary restriction upon the fundamental right of the citizen to control his or her own time and faculties. It substitutes the judgment of the Legislature for the judgment of the employer and employee in a matter about which they are competent to agree with each other. It assumes to dictate to what extent the capacity to labor may be exercised by the employee, and takes away the right of private judgment as to the amount and duration of the labor to be put forth in a specific period. Where the Legislature thus undertakes to impose an unreasonable and unnecessary burden upon any one citizen or class of citizens, it transcends the authority intrusted [sic] to it of the constitution, even though it imposes the same burden upon all other citizens or classes of citizens. General laws may be as tyrannical as partial laws. A distinguished writer on constitutional limitations has said that general rules may sometimes be as obnoxious as special, if they operate to deprive individual citizens of vested rights, and that, while every man has a right to require that his own controversies shall be judged by the same rules which are applied in the controversies of his neighbors, the whole community is also entitled, at all times, to demand the protection of the ancient principles which shield private rights against arbitrary interference, even though such interference may be under a rule impartial in its operation."
   "Liberty, as has already been stated, includes the right to make contracts as well with reference to the amount and duration of labor to be performed as concerning any other local matter. Hence the right to make contracts is an inherent and inalienable one, and any attempt to unreasonably abridge it is opposed to the constitution."
   The court also cited the recent case of the Supreme Court of Nebraska in which an opinion filed June 6, 1894, held the general eight-hour law of that state unconstitutional, although this law was in general operation throughout the state as to both sexes, and all classes of laborers except agricultural and domestic. This decision in Nebraska is even more noteworthy than the one we are considering inasmuch as it was a general law limiting the hours of labor, and, so far as we are informed, the first that has been passed in the United States which applied to men as well as women or minors, and undertook expressly to deny the right of contract for a longer day than the law prescribed.
   Judge Magruder expressly disapproves of the doctrine of the Massachusetts case of Commonwealth vs. Hamilton Manufacturing Company, and it is noteworthy that the great questions involved in this decision should first arise in Western states, like Nebraska and Illinois, and not in Massachusetts, and that these Western courts should be the first in our country to repronounce boldly and clearly that old English principle which sets the freedom of the citizen above state tutelage, even when the latter presents itself under the new mask of the labor vote, with the old excuse that it is all for his own good.

◘ Some of the English papers are becoming quite saucy. They don't take very kindly to the Monroe doctrine and the "St. James Gazette" intimates quite strongly that it will be ignored by England in setting their claim against Nicaragua. Johnny Bull always did play a great game of bluff.
◘ The legs of the Chinamen have evidently given out and they have sued for peace which has been granted on expensive terms. The Chinese soldier seems to believe "That he who fights and runs away, may live to fight another day." They proved themselves to be good sprinters whenever they met the enemy.

HERE AND THERE.
   Burgess, the clothier, has a new advertisement on our last page.
   Daniels' orchestra played for a dance at Greene Wednesday evening.
   Bingham & Miller, the clothiers, have a new advertisement on our last page.
   The Traction Company will issue tickets to students of the schools at a reduction of 40 per cent to be used during term time.
   The village board of health holds its regular meetings in Dr. W. J. Moore's office the first Monday in each month at 7 P. M.
   Mr. A. L. Rose, who has been an inmate of the State Hospital for the Insane at Binghamton for some weeks, was released on Monday.
   The trustees have notified all hotel and saloon proprietors to remove all slot machines from their premises and most if not all have taken them out.
   The Fine Wire Drawers' Social club are to give a social party in Taylor hall on Wednesday evening. May 1st. Daniels' orchestra will furnish music.
   A recent amendment to the act for the incorporation of villages, of the laws of 1893, makes a woman of the age of 21 eligible to the office of village clerk.
   Messrs. C. F. Brown, A. Sager, F. E. Brogden. G. W. Bradford and F. I. Graham of Cortland and W. H. Foster of Homer, have been elected delegates to the Druggists' State Convention to be held in Saratoga in June.
   The Loyal Circle of King's Daughters will meet with Mrs. A. M. Johnson, 54 North Main-st on Friday, April 19th, at 2:30 P. M.
   A reception will be given to Dr. and Mrs. Cordo in the parlors of the First Baptist church on Wednesday, April 24, from 7 to 10 P. M. All who would enjoy meeting Dr. and Mrs. Cordo before they leave for their new home are most cordially invited.
 

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