Cortland Semi-Weekly Standard, Tuesday, July 5, 1898.
THE GALVIN CASE.
ADJOURNED SATURDAY NOON TILL TUESDAY MORNING.
Illegal to Hold Court on a Holiday or Half Holiday—As Large Liberty as is Possible for the Jury—They May Attend the Ball Game if They Pay for Their Own Tickets and an Officer Goes With Them—The Prosecution Still Busy Putting in Its Evidence.
Court convened at 2:05 Thursday afternoon for the trial in the Galvin case. Cross-examination of Mr. Steele was continued by the defense. The witness was questioned about a conversation with the district attorney and Hon. O. U. Kellogg during the intermission during the noon recess. Steele said he had had a conversation with them and that they had talked about his testifying.
Redirect: District Attorney Duffey examined him in explanation of the interview and former agreement to pay the witness for all time which he lost by reason his testifying and work on the case.
FRANK STEELE.
Frank Steele, son of the preceding witness was called to the stand. He attended a dance on the night of the 25th of February at the home of A. H. Van Hoesen, a half mile south of Baltimore. He returned about 4 o’clock in the morning. At that time it was snowing some and he saw a light in the Galvin house. He passed within 2 1/2 or 3 rods of the Galvin house. He went to the Galvin house with his father in the morning. The witness testified in substance to the same facts as his father. He saw the vest on the ground by the tree when he made his second visit about an hour afterwards. He gave the conversation with those present in regard to it. The remark of one Blacklock was that “it must have belonged to Tommy.”
On cross-examination he said that the vest was about 4 feet from the tree. He testified to seeing blood spots near the door. He remained with “Patsey” after his father went away. He repeated the conversation with Galvin as to the time he retired, where Lavan was when he retired and as to where he found Lavan and “that he thought he was froze.” He also told what jobs he did for “Patsey” while he stayed on his first visit. He went to the henhouse and barn for pans and pails. He left Galvin in the house on both occasions. He repeated his testimony as to his attendance at a dance and passing by the house and seeing a light which was larger than candle light. He slowed up and was going to holler “hello Pat,” but he did not and drove on. When he had put his horse out and gone into the house it was ten minutes of five. He retired immediately and arose about 7:30 A. M.
Redirect examination by District Attorney Duffey: Witness described the ashes on the floor, the wet spot where blood is supposed to have been cleaned up; spots of blood in and out of doors; on the floor, door and wooden door peg and blood spots outdoors which had soaked into the snow and ice.
Mr. Courtney resumed cross-examination and witness swore that he left Hartman when he went from there the second time.
DANIEL O’SHEA.
Daniel O’Shea was recalled by the prosecution. He testified that he went to the Galvin house about 9 o’clock; that when he drove up there his horse shied at the vest referred to above which lay on the ground. Blacklock picked up the vest and he told him to leave it alone till the authorities came. He saw the body of Lavan and described it as he saw it—in substance the same description as before. The blood spots on the floor were described and he told also of spatters on the wall. He looked at the door pin and saw blood upon it. In the afternoon when he went back he saw blood on the embankment by the side of the house. The vest was presented and identified by the witness as the vest worn by Lavan by an orange colored button on it.
Judge Eggleston took up the cross-examination. He asked the witness about the vest. He said he saw it on the ground nearly torn in two and it was gathered together in the back as if grasped with a wet hand and frozen just so.
JULIA LAVAN.
The prosecution recalled Julia Lavan, the widow, and she testified that her husband was in good health and free from wounds. He had a scar which he received in the civil war.
GEORGE BLACKLOCK.
The next witness called by the prosecution was George Blacklock, a neighbor, who lives miles from the Galvin house. He had known both Lavan and Galvin for some time. He related his trip to the Galvin house with O’Shea and the finding of the vest on the ground. He picked up the vest and shook the snow off it. There was no snow under it. The vest was gathered in the back as if by a fist grasp and frozen in that shape. He stated the conversation about the death of Lavan, the time he retired and when he arose. He asked him if he got up and lit a light before 5 o’clock. Galvin had replied to him that he did not. Galvin told him he found Lavan outside. He described the condition of the corpse. There was a cut on the lip and over the eye. His hands and arms were bruised. On the under side of the forearm there was a wound with skin cut out as if with some instrument. There was a wound in the muscle of the lower leg. Bruises were seen on each hip. He then described the contents of the kitchen a little more in detail. He also noticed splatters of blood on the wall. The spot on the banking was a depression about the size of a saucer in the ice and had about a saucer full of blood in it. Another blood spot was noticed in the snow near there. He found the door pin on the floor behind the door. It had the four finger marks and the thumb mark of bloodstains made as with the grasp of a bloody hand around. He saw the broom which was found in the bedroom and it had blood on the handle. He saw also the dustpan which had traces of ashes on it and looked as though it had been wet with something. He saw the coat on the nail in the kitchen and he saw blood on the outside of it, as it hung there. He did not touch it or change it and therefore could not see the blood on the inside.
Cross-examination by Mr. Courtney: Witness said there was no clock in the house to his knowledge. He was asked as to remark made when he left the courthouse the previous night. He admitted he said that he would like to have hold the rope that hangs Galvin and he said on the witness stand that he would buy the rope. He told of the table and what dishes were on it. The bed he said looked as though it had been straightened up. In reply to question he said the depression outside of the door on the embankment might have been such as was made by the head of a person. He observed the wet condition of his trousers from the thigh to his knees. The witness said he saw the stick in the ice about 3 feet from the blood spot on the bank. The stick was frozen solid in the ice projecting above the surface about 2 inches.
Redirect examination: The witness testified that the stick lay horizontally frozen in the ice.
This oft referred to stick has the appearance of having been sawed off the rotted end of a fence rail. The stick is about 4 inches long and 3 inches thick, one end is ragged having been rotted, the other end has a sharp edge made by having been split off with a glancing or diagonal transverse cut.
The trial discontinued at 5:30 until 9:30 next morning.
Attorneys Benedict and Dougherty then appeared before the court to argue a motion on another case.
FRIDAY MORNING.
The warmest morning of the year gave promise of a hot and oppressive day in court and the promise was fulfilled. The thermometer behind the judge’s bench stood at 85 degrees at 9:30. The heat evidently lessened the number of spectators, but the room contained many witnesses and friends. Thursday afternoon Mrs. Fitzpatrick, the sister of Patrick Galvin, was in attendance upon the trial. The prisoner sits in the same chair and place he has occupied during the trial. The deputy sheriff sits directly behind him, the attorneys for the defense on the right of the prisoner and the attorneys for the prosecution are seated at a long table by their side.
The prisoner is dressed in a colored shirt, turn down collar and tie, a black alpaca coat, black and white small checked trousers and leather slippers. The prisoner has a general indifferent air with an occasional knowing twinkle in his eye. His general physical appearance is that of a nervous unsteady person whose health has been shattered by drink. His appearance and health has been much improved by his imprisonment. His hair and mustache present an unkempt appearance.
At 9:32 Judge Lyon entered court; the jury in care of constables entered two minutes later. Court was opened by Crier Van Hoesen at 9:35.
OSCAR CORNUE.
Oscar Cornue was called to the stand by the prosecution. He testified that he was a neighbor of Galvin, living in sight of his house. He told of his visit to the Galvin house the morning of the 26th of February, 1897. He then described the blood spots and their locations out of doors. He related in substance the conversation of Galvin in regard to Lavan, both as to his death and where he was the night before and where he found him in the morning.
Attorney John Courtney in cross-examination asked the witness who was there when he arrived and he said “no one.” He testified about the vest and where he found it. Steele came and they went into the house together. Next he told of the vest which was found outside, agreeing with description with that of other witnesses. The blood spot about ten feet from the door was about six inches across and “showed through the snow.” The witness said he had been at the Galvin house only a few times, the last occasion was at threshing time in the fall. He came to the Galvin house a few minutes after 9.
JAMES DOROTHY.
James Dorothy was recalled by the prosecution and examined by District Attorney Duffey. He went over to the house and found Hartman there. When he came up the driveway he saw the vest. He saw Patsey and Tommy Lavan in the room. Tommy’s hands were swollen on the back. There was a cut over his eye and lip. He saw the wounds on the back of his head at another time. He saw the coat hanging on nail behind the stove and the blood on the floor in the hallway. It was not very large. He went there again on the same day, but saw nothing more. They had taken the defendant away.
Cross examination: In reply to question he said, “I have told all I know.” The vest which he saw on the ground when he came up looked as though a horse had stepped on it and puckered it up. The next day he observed the blood spot on the banking, which looked as if something warm had laid there and thawed it out. “It was hollowed out.” He was there when the jurymen were present. He was there when they dug the stick out of the ice about 10 feet west of the door. Dubois, one of the jurymen, dug it out and it took him some little time. He said that he did not notice with care the articles upon the kitchen table. The hill outside of the back door from a place 8 or 10 feet to the henhouse is not very steep, but behind the henhouse it rises more abruptly.
CHARLES HARTMAN.
Charles Hartman was the next witness called by the prosecution. Examination was begun by Hon. O. U. Kellogg. The witness was a neighbor of Galvin. They had often exchanged work with each other. On the morning of the 26th of February he went to the Galvin house. As he came up the driveway towards the apple tree near the corner of the house, he saw the vest on the ground. He saw footprints in the fresh fallen snow before referred to. Messrs. Steele, Cornue and Galvin and the prostrate form were in the house with him. In reply to a question of one of the party as to how this happened, Galvin told them about his going to bed at 11 o’clock, leaving Lavan in the chair and his arising at 5 o’clock in the morning, and of finding of Lavan outdoors frozen. Next the witness described Lavan as they found him. As the others were about to go Patsey Galvin asked him to stay, and he stayed. They were alone about fifteen minutes. The witness asked Galvin to show him where he found Tommy. They went out together and he showed him, which was about one pace from the door, directly in front of the door. The witness remarked, “Patsey, I can’t see that he laid there.” Then he went back in the house, he saw the boot with mud on the heel. There did not look to have been any snow upon the boot. At this time he also observed the jacket with blood upon it which Galvin said he took off of Tommy. In reference to the boots, he said, that is where Tommy put off the boots. Tommy was in the rocking chair, Galvin told him, when he went to bed. He slept till morning. Galvin told the witness “if Mrs. Lavan came over there she would give him an awful talking to.” He also said “he felt very sorry and sober.” The witness stayed until Blacklock and others came, then he went home.
Cross-examination: Galvin told the witness that he was very sorry that it had happened at his house. The fall of snow was about an inch. He did not notice how many tracks there were in and out of the house when he went out with Galvin to see when he found Tommy. Galvin told Hartman that Lavan and he were alone there when he went to bed. There was ice around the door and there was a blood spot north and west of the door 2 or 3 feet from the door. When he went out to go home he saw in a foot print directly in front of the door blood about the size of the foot print which showed up through the snow. This place was where Galvin said Lavan lay. When he found Tommy outside he did not think he was quite dead and that if he brought him in he might come to. After he had been in the house for some time he thought that he was dead and he went to notify Robert Dorothy. The witness was asked if he had used drugs. Question objected to and sustained. In answer to the question whether he had used any drugs to-day the witness said he had used a little bromide of potassium.
ROBERT DOROTHY.
Robert Dorothy was recalled for cross-examination. He was asked as to whether he saw a place where the head of some one had lain. Objected to on the ground that he had described it before. Objection sustained. Patrick Galvin pointed out to him where the body lay. The place indicated was a little way from the door in front of it. The witness was asked if he told Dr. Hunt certain things which he found at the Galvin house that morning. He denied each question. District Attorney Duffey asked farther if he noticed the cutter track to the Galvin house. He said, “I did.” He did not notice whether the snow drifted very much or not. Mr. Courtney asked whether he would swear it drifted four inches.
E. L. DWIGHT.
E. L. Dwight lives in Cincinnatus and was deputy sheriff on the 26th of February, 1897. He went to Preble and looked over the Galvin premises on the 27th of February, 1897, at the request of Coroner Bradford and Mr. Edwards. He took measurements as to where the vest lay. From the south casing of the west door it was 35 feet 6 inches. The blood spot on the ice was six feet from the casing. A spot west and nearly in front of the door 9 feet. At a point 5 or 6 inches from the casing there was scattered blood spots. The nearest blood spot to the depression from which the stick was dug out of the ice was about 2 feet. The appearance of the blood spot on the banking was like that of a footprint and there was a little depression with snow on it. The depression was about 5 inches across and 3/4 of an inch deep. It was the darkest spot and thickest blood of any spot. It had the appearance of blood having been deposited there. There were five spots described as he observed them. Another place of 6 or 8 inches area had several spots sprinkled about. He found no spots of thickened blood outside of the house. The thickest blood was that in the depression on the banking. There were spots on the threshold of the door as wide as his finger and half as long. The color of the spot was red and it was not thickened. There was a spot 18 inches up on the casing. There was a blood spot on the outer door. Another spot was found on the outside of the hallway door. There were other spots on the paper behind the door. There was a pool of blood out from under the door in the hallway frozen. The spot was about two inches across and 1-16 inches thick. There were blood spots on the baseboards in the hallway opposite the stairway. They varied in height from 6 inches from the floor to 18 inches from the floor. There were six or eight spots. There were spatters of blood on the door leading from the hallway to the kitchen and on the kitchen side of the storeroom door. There were spatters of blood on the wall in the kitchen near the doors which lead into the hallway and into the storeroom. The spatters of blood were so many that he did not attempt to count them.
Court adjourned at 12:30 until 2 P. M.
FRIDAY AFTERNOON.
Court opened Friday afternoon at 2:02 o’clock. The number of ladies in attendance at the trial has been a noticeable feature. It seems to increase as the trial progresses. At the opening of the afternoon session the number of ladies in attendance nearly equaled that of the men.
The direct examination of E. L. Dwight of Cincinnatus was continued by District Attorney Edwin Duffey for The People. The witness referred to the chair which was in the Galvin kitchen. There was blood upon the chair. The spot on the floor was lighter colored and when they poured hot water on it the spot appeared red. The witness also observed blood on a kettle on the stove. Blood was found of reddish color on the bedquilt near the front side of the bed about 6 inches from the edge; “this was thickened and stood up on the end of the fibre of the cotton.” The quilt was worn thread bare. He also examined a broom. In it he found blood, gray hairs and a portion of the cuticle in the brush of the broom. He found an iron pin and left it on the stairs. He found no blood on the pin.
Cross-examination by John Courtney: The witness said that he refreshed his memory from a memorandum which was a copy of one made on the spot. He made a copy that it might be more easily read. He went to the Galvin place between 9 and 10 o’clock, Feb. 27. The snow was packed down some but there were places where there were no tracks. Where the spots of blood were the snow was packed down. There were tracks of teams in the snow when he came. The witness testified that he took measurements and notes and the direction for Coroner Bradford. The witness said he was not a chemist; that he had never examined blood. He had an ordinary knowledge of blood and its appearance. Deputy Sheriff Edwards took the witness up there. The depression on the banking was about five inches across. He had no knowledge of the quantity of blood in the depression. The witness had a record of blood spots out of doors. The snow had been tramped down over and around it. None of the blood spots were the size of a footprint. The day he went was a cold one for he bundled up for a cold drive. The cross-examination brought out in repetition the testimony in substance as given upon direct examination. All attempts to rattle or entangle the witness in his testimony proved futile. Blood ran lengthways of the quilt. The spot was 4 or 5 inches long. Blood was found on the side round of the chair above referred to. He made the examination before the coroner had the post mortem examination. The witness took twenty minutes to half an hour in making his investigation. There were ten or twelve men when he made his examination about the house. The blood on the kettle was spatters of blood from the size of the end of a lead pencil to head of a pin. The gray hair which the witness found in the broom were given to the coroner. He would not say that the blood was not made by being spattered from the broom. He had an opinion how the blood might have gotten on the chair and on the doors. The light spot ran north and south within few inches of the threshold of the storeroom door.
The memorandum which he took, both original and copy, was offered in evidence by The People, but was objected to by defense. Objection was sustained.
HERBERT HAYNES.
Herbert Haynes who lives in Preble village was the next witness called by The People. He arrived at the Galvin place between 8 and 9 o‘clock on the morning of the 27th of February, 1897. As he entered the hallway he saw the blood on the floor in the hallway and on mopboards. He gave in substance the same description of the body of Lavan. The witness also spoke of the blood spot, the large one often referred which had the appearance of having been cleaned up. The pin in the front door was described and his testimony corroborated the testimony of preceding witness as to its bloody condition. He saw Lavan’s bloody coat which hung on the wall. The boots were described the same as before with blood on one half the length of the leg. He saw blood on the kettle and on the casing. He looked at Lavan’s head. There were two cuts on the back of the head, one a little higher than the other. The witness gave the story which Galvin told of the case before given. Galvin told them that he promised his mother when she was dying that “no one but himself should ever sleep in that bed” and nobody had. Galvin told them he locked the door when he went to bed and that he found Lavan outside in the morning.
Cross-examination: The witness said Steele, Blacklock and Hartman were there when he arrived. Articles seen by the witness at the time in the kitchen were reviewed by the defense. The witness swore that Galvin said that he locked the door at night and the door was locked when he arose. “Coterie” was a word used by defense in referring to the blood spots on the ground outdoors. The witness was asked as to the condition of the prisoner now as compared with it that day. Witness said he looked fleshier now. He told also of seeing blood on the back of Galvin’s hand that morning. The overcoat which Galvin wore was recognized as being similar to the one he had seen Galvin wear.
D. S. HUNT.
D. S. Hunt was called by The People and examined by Hon. O. U. Kellogg. The witness repeated as nearly as he could remember the conversation of Galvin in regard to the affair corresponding with that given before. The body was stiff at the time he and Haynes looked at the head as it rested on the bed. He looked at the blood spot on the banking outside, from which they brushed the snow with their foot and looked at it.
Cross-examination by Judge Eggleston showed that the witness is a medical student at the University of Vermont. The body of Lavan when he examined it was stiff. They lifted the arm and it was stiff. He observed two cuts on his head. The blood was fresh and was running from the cuts all the while. The wounds were cuts and must have been caused by quite a blow. The blood kept oozing out on the spread of the bed. The witness said he washed the body of Lavan preparatory to the post mortem examination.
EX-SHERIFF HILSINGER.
Adam Hilsinger, ex-sheriff of Cortland county, was called by the prosecution. He arrived at the Galvin place at 1:30 on the 26th of February, 1897. The coroner picked up part of the vest. He spoke of the spots referred to by other witness out of doors, of the bloody door pin and the spots in the hallway and his evidence was in part a repetition of the evidence presented before. The sheriff examined the defendant and found blood on his trousers from the hips down. There was dry blood on the backs of his hands and fingers. His hands were otherwise clean. The sheriff asked him what he had been doing? He said “he didn’t know.” He asked how he got so much blood on his clothes and he said he didn’t know unless when he dragged Lavan into the house. He asked him why he was so long in notifying the neighbors. Galvin said he had to do his chores first. The sheriff asked Galvin as to whether he had on the boots when he brought Lavan in. He replied at first he did and then he said he did not know. The same question was asked about the coat which hung behind the stove and Galvin said he did not know whether he had it on, he thought he had one arm in. The sheriff asked about what they had to drink. Galvin told of the whisky he had bought at Tully and that he gave Tommy half a glass.
The pin in the door was examined by the sheriff which was bloody. Galvin replied to the sheriff’s question that the door was locked when he got up in the morning. The bed was made up and was not mussed.
Court adjourned at four minutes of 6 until 9:30 A. M. Saturday.
SATURDAY MORNING.
The sixth day of the Galvin trial opened hot as ever. Judge Lyon, accompanied by Court Stenographer Beach, entered the courtroom at 9:30 o’clock and the jury followed a minute later.
Ex-sheriff Ililsinger was called to the stand to continue his testimony. He said on the afternoon of Feb. 26, 1897, he arrested the defendant and brought him to the Cortland county jail. The witness identified the shirt and trousers worn by the prisoner at the time of his arrest. Galvin’s watch was running when examined by the sheriff.
Cross examination: The sheriff had a long conversation with the prisoner before the coroner. The coroner was there when Hilsinger arrived. The witness did not send E. L. Dwight to examine the Galvin place. Coroner Bradford was near the vest when he drove in. No notice was taken as to whether there was snow upon the vest at that time. A description of the blood spots on the ground was given. The ground had the appearance of having been trod upon. The place about the back door was icy and had the appearance of a place where wood had been chopped. He did not see all the spots that have been described. He saw a good many chips and blocks of wood embedded in the ice about the rear door.It is nearly level for a space of eight or ten feet back from the door with a gradual rise beyond. The blood in the hallway had the appearance of having had something drawn through. In the afternoon Galvin had the appearance of having been drinking. Patsey answered all questions frankly and fairly put by the sheriff except that concerning his whiskey. The sheriff overheard Galvin tell the coroner that he would show him how he locked the door. There were no marks found upon the prisoner’s body, although investigation was made for that purpose. The shirt and garments on the defendant had the appearance of having been worn. Some other clothes were seen in the corner of the room, but they were not examined. The sheriff said the deportment of the prisoner after his arrest and during his imprisonment was good. The blood spots on the chair were small and witness would not say whether they might have been made with the flirt of the broom. There were, however, larger spots on the casing. He observed that the hands were blackened and fists clinched. He could not tell from the appearance of the wound on the back of head how it was made. Patsey said that “it was none of his business” where he got his whiskey. Galvin had a quart and a half a pint of whiskey and cider in the cellar. Prisoner told the sheriff that he did not drink all the whiskey.
Redirect examination: He did not see any spots of ashes on the kettle with the blood. This would seem to indicate that the blood was not flirted on the kettle or ashes would be seen also. Dwight said he would like to go to the Galvin place. The sheriff last saw the door pin when used before the grand jury. The things were all locked up in a rear room in the courthouse and were left there until the new sheriff came into office.
Cross examination: Dwight said he would like to go, without anybody asking him. Attorney Courtney examined the prisoner in the presence of the sheriff and several citizens and they found no marks two days after his confinement. Before the coroner he swore that Patsey “told him that he found Tommy on the ground outside with the head towards the door and the feet away.”
C. J. SHEPARD.
C. S. Shepard, the next witness called by The People, lives in Preble and on the day the body of Lavan was found in the Galvin house he went there at the request of Coroner Bradford to take charge of the body. A photograph was taken of the body as soon as he arrived about 2:30 o’clock in the afternoon before any of the articles in the house had been disturbed. Dr. Fred Thompson of Homer took the picture of the body of Lavan as it lay in a reclining position against the side of the bed. The photograph had previously been offered in evidence. The wound in the back of the head was covered with blood and matted hair. One cut was plainly visible and the other not so prominent. The cuts were from 1 1/2 inches to 2 inches in length. There was a wound at the edge of the hair on the right side of the forehead about the size of the end of the little finger. The forehead was swollen and bruised over the eye. There was a hole cut through the lip. The under side of the lip had a bruised appearance. Two or three teeth were missing. One of his hands was badly bruised. They were not cut much, but were bruised. He has assisted undertakers and has performed undertakers’ services. He did not know where the bloody water which was in the tin washdish was emptied. All of the clothes of Lavan were removed by him.
At this point the question as to the legality of holding court on Saturday afternoon—a half holiday—came up. Under the provision of the statute passed in 1897, holidays and half holidays are reckoned as Sundays and the law is well decided that court shall not be held on Sunday. For this reason Judge Lyon considered it safer that court should be adjourned until 9:30 A. M. Tuesday.
 |
| Judge George F. Lyon. |
The jury will amuse themselves as best they may under the care of sheriff and the constables. They may go to the park and it was the request of the judge that the jurors take plenty of exercise and eat all the wholesome food they want. They may attend the ball games if they choose, but the judge mentioned to them informally that if they did go it would be at their own expense and would not be a county charge. The judge also suggested that they may go to church Sunday if they desire. One juror inquired of the court if when they resumed the trial of the case it could not be in Cincinnatus rather than in Cortland, but the judge replying in the same spirit of the question said he thought it wouldn’t be wise; he feared the jury would want to do too much haying if they got over there.
The jury is encamped in the big courtroom and is making itself as comfortable as is possible in this hot weather. The cot beds are set up there at night, and the sheriff’s table furnishes the best that the market affords to them. They take daily walks under guard of an officer and will doubtless enjoy the little rest of the holiday over the Fourth. They are permitted to read the New York papers, but all local papers containing accounts of the trial are forbidden.
Judge Lyon is very busy at this time, but will remain in Cortland till the end of the trial. Mrs. Lyon is with him. She has long desired to hear the trial of a murder case and, as this seems to be a clean case, she has come to Cortland and is attending all the sessions of the court.
No comments:
Post a Comment