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| John Hay. |
Cortland Evening Standard, Saturday, April 1, 1899.
SAMOAN SETTLEMENT.
Pacific Solution of the Whole Trouble Arranged For.
NO INTERNATIONAL TROUBLE.
A Joint High Commission to Be Appointed Which Will Have Full Power to Act, and In Case an Umpire Is Necessary the Commission to Agree Upon One.
WASHINGTON, April 1.—A joint high commission to settle the entire Samoan trouble has been practically agreed upon by the United States, British and German governments. Lord Salisbury's absence from London alone delays the formal acceptance by Great Britain and German governments. Lord Thomas Sanderson and Mr. Villiers, who are understood to be specially familiar with the Samoan question, have approved the plan for a commission.
The United States has informally expressed its approval and the formal acceptance, it is learned from the highest quarter, will follow speedily. As the proposition emanated with Germany her approval of course is assured. This high joint commission, it is felt, affords a pacific solution to the whole trouble at the moment when Samoan affairs began to look the most threatening.
The new plan has been fully gone over by Secretary Hay and the British and German ambassadors here, and its essential details worked out. Each nation is to be represented by one member on the commission. It is to have practically unlimited authority without the necessity of referring its decisions back to the several governments for approval.
It is felt that by conferring such complete and final authority on the high commission the danger will be obviated of any further deadlocks and delays. Still another important provision under consideration is that King Oscar of Norway and Sweden shall be the umpire in case the three high commissioners should fail to reach a determination.
The plan of inviting King Oscar to referee a disagreement meets the approval of the British and German authorities and doubtless will be approved also by the United States as a means of ensuring finality of decision, though it is not known just how far this has been considered by the Washington authorities. King Oscar was agreed upon between the United States and Great Britain as a final arbitrator in connection with the proposed Anglo-American arbitration treaty as well as in the Venezuela matter. He is also mentioned in the treaty of Berlin as the one to name a chief justice of Samoa in case the three signatory powers fail to agree on a chief justice. It was this that led to the suggestion of his name at the present time to act as final arbitrator.
The expectation is that the sittings of the commission will be in Samoa where for the time being they will have complete authority over the whole range of Samoan affairs, so far as the high commission may think fit to act in order to fully restore order, and establish affairs on a stable basis. It will require no treaty to bring the commission into existence, as the acceptances of the United States and Great Britain will complete the agreement.
It is understood that the men selected for the mission will be of high standing so as to give added weight and dignity to their findings, such for instance, as the consul general of Germany whose jurisdiction covers the whole range of Pacific affairs. He is a man of complete information on Samoa and other Pacific islands subjects as well as a man of political influence. The United States and British commissioners, it is understood, would be drawn from the same high rank, with a view, however, to their information on international matters of this character rather than their political standing.
As showing that the acute phase of the Samoan question is past Baron Speck von Sternberg, first secretary of Germany, left here for New York, whence he sails on the 6th for London and Berlin. He has been a most active factor throughout the Samoan controversy, having made that question a special study, and thus being able to render the ambassador material assistance. His influence at all times has been toward maintaining the friendly relations between the two countries and overcoming the causes of irritation. His trip to London and Berlin has no significance whatever in connection with Samoan affairs, but is entirely personal, after the gravity of the affair had passed.
HELD FOR MURDER.
John Truck Charged With the Murder of Frank Miller Near Cortland.
CORTLAND, N. Y., April 1.—The coroner's jury after a two-days' session found that Frank W. Miller came to his death on the night of March 14, in the town of Virgil, this county, at the hands of John Truck, the exact means of death being unknown, and that Truck caused the house in which Miller lived to be burned.
Miller's house, situated on a lonely country road, was discovered on fire on the night of March 14. A body, badly charred, was found in the ruins and was identified as that of Miller's.
John Truck was arrested near Syracuse two days later, with a suit of clothes, a watch, horse, wagon and harness, identified as Miller's, in his possession. He claimed to have paid Miller for them.
Truck was held for the grand jury.
TRUCK HELD RESPONSIBLE
BY THE CORONER'S JURY FOR THE DEATH OF MILLER.
Exact Means or Instruments of Death Unknown to the Jury—Murder Was Premeditated—Final Details of the Inquest—Dr. Emery's Testimony as to the Autopsy—Mrs. Miller's Identification of Her Son's Clothing—Other Witnesses.
The inquest held at Virgil before Coroner Smith to inquire into the death of Frank W. Miller came to an end at 5:45 o'clock Friday afternoon when the jury brought in a verdict holding John Truck responsible for the death of Miller and declaring that the act was premeditated, though the exact means of the death were to the jury unknown, and also holding Truck responsible for the fire which destroyed Miller's house.
SHERIFF A. E. BRAINARD.
The inquest was continued Friday afternoon and the first witness called was Sheriff Arthur E. Brainard. The sheriff detailed the tracing and capture of Truck substantially as has already been told in The STANDARD. He produced and put in evidence the articles which were found upon him, the watch and chain, which Edward Bloomer had previously identified by the initials as being Miller's, a knife, a small purse with a 2 cent piece in it, a tobacco bag which was used to hold money and which the sheriff testified Truck told him Miller had given to him $3.06 in money, the $5 obtained from Bennett & Starr in Homer which Truck had paid to them for Mrs. Truck's shoes on Wednesday morning, March 15. The sheriff also exhibited the suit of black clothes which Truck was wearing when arrested, the blue overcoat which he was wearing at that time, a pair of striped trousers which Truck had on under the black ones; also another pair of black trousers found after Truck's arrest in his house in Homer; also the old grey overcoat found in Truck's wagon at Cardiff. The sheriff also told, on Friday, a jar of butter, a pail of pork, a tin water pail, a clock and some other property in Truck's house. These were at his office in Cortland.
The sheriff produced and put in evidence a pass book on E. N. Burden of Homer. The book contained three printed receipts given by Briggs & Knapp on Oct. 22, 1898, on Dec. 17, 1898, and on Dec. 4, 1898, for $1, $1, and $1.50 respectively. These looked a little like checks if not closely examined, and it is believed that it was these receipts which Truck probably showed to Frank Miller that Monday night and which he told his mother about. They might easily be mistaken for checks at a first glance.
DR. T. M. EMERY.
The principal witness of the afternoon was Dr. T . M. Emery of Virgil who performed the autopsy upon the body of Miller at the undertaking rooms of Harman Sheerar at Virgil on March 15, and who assisted Dr. F. W. Higgins of Cortland in a further examination at the same place on March 16, and who with Dr. Higgins and Coroner Smith made a still more searching examination of the skull on March 21.
Dr. Emery testified that the examination of the body on March 15 was chiefly to look for traces of cuts, gunshot wounds and evidences of external or internal violence. The whole autopsy did not exceed a half hour in length, and was performed in the presence of the first jury called. He did not find any traces of shot wounds. He looked at the condition of the thorax and abdomen. He opened the thorax, examined the lungs and heart. He found the heart normal and in a well preserved condition. The lungs were in a state of collapse and very dark colored. Dr. Emery testified that he cut into the stomach and examined its contents. He found in it undigested food. In reply to the question of the district attorney as to where he opened the stomach the doctor replied that he couldn't tell where it was. He said he took none of the contents out at this time and the stomach was not removed from its place in the thoracic cavity. The opening into the stomach was made with a very small knife blade on the upper side and the opening was too small for any of the contents to leak out through it. He didn't and couldn't squeeze any of the contents out through the minute opening. The doctor said that he didn't examine the stomach particularly that day. There was little blood in the internal organs. He noticed the hole in the back and side of the body, burned clear through, by the kidneys. The doctor would judge that the height of the man was medium. The sex was distinctly marked as a male. The man was between 21 and 60 years of age.
On Thursday, March 16, a further examination was made with Dr. F. W. Higgins, He noticed that the surface of the chest was well preserved. The stomach was taken out at this time. Nearly a pint of undigested matter was found in it. This was examined minutely. Fragments of cucumber pickles not digested at all were found. Traces of potatoes in chunks, poorly masticated were also noted. From that state of digestion it was possible to state definitely that death had followed from one to two hours after the meal had been eaten. Potatoes will be entirely digested in two hours, and yet the traces of potatoes were very marked. The intestines were examined from the stomach down. Very little matter was found in them. The indications were that the food had not reached them yet.
The trachea or windpipe was cut out for a section of one inch and was found nearly full of what looked like clotted blood. Another section 1 1/2 inches long was taken out and less blood was found there. There were no traces of soot or smoke in either portion. All the other organs were healthy except where burned.
The tongue protruded between the teeth and was held fast by the teeth, in fact was bitten in and indented by all the teeth clear around. The roots of all the teeth were there except the molars. The crown of the left upper incisor was entirely gone. The crown of the right upper incisor was partly gone. Two lower incisors were twisted.
There were no blisters on the chest as would have been the case had the body been burned alive. There was no dark congested line where the burned surface met the unburned surface. The conclusion, testified the doctor, was that the burning occurred after death.
On Tuesday, March 21, a third examination was made. This time the search was made for fractures of the skull. Dr. Higgins and Dr. Smith were with the witness at the time. The flesh was cleaned from the bones of the skull. A small fracture was found at the base of the brain, back of the right eye; also what were thought to be fractures at the back side of the head below the occipital protuberance, where the bones of the skull are the thickest. This was beneath the thick muscles at the back of the neck where the fire could not affect the bones. The edges of the known fracture were examined. They looked blackened as though affected by fire.
In reply to the hypothetical question on the part of the district attorney the witness stated that assuming that the supper was eaten at 5:30 and that the fire occurred at 10:30 he should think that Miller must have been dead before the fire came, otherwise the stomach would have been entirely empty.
Dr. Emery testified that traces of hemorrhages were found in the nasal passages. Had death resulted from breathing in smoke and the victim been suffocated by smoke witness should have expected to have found the lungs inflated, and not collapsed as they were found.
MRS. ELIZABETH A. MILLER.
Mrs. Elizabeth A. Miller, the mother of the deceased, was next recalled to the stand to identify certain articles of clothing. She was shown the black suit found on Truck when arrested. and said she should think it was Frank's. It looked like one he bought last fall. Another pair of black trousers was shown which Mrs. Miller positively identified both by certain patches which she had put on herself and by her own stitches. She also identified the overcoat taken from Truck as Frank's. A certain pair of striped trousers were shown her and she thought they looked like Frank's, but could not swear positively to it.
In this connection it will be of interest to give some details of Mrs. Miller's first identification of these articles of clothing which have not heretofore been made public. It was on Saturday night, March 18, that Mrs. Miller was brought to the parlor of the sheriff's private apartments at the courthouse. There were present Mrs. Miller, District Attorney Duffey, Sheriff and Mrs. Brainard, Miss Kinney, Mr. Duffey's stenographer, and a STANDARD man. Mrs. Miller was shown the black suit and thought it looked like Frank's, but could not be sure. She was then questioned about Frank's overcoat and testified to his having a sort of blue black overcoat of rough cloth. It had quilted satin linings and plain purple sleeve linings. Mrs. Miller could also identify it by certain seams in the lining that had been strained apart when Frank had loaned it on one occasion to a man larger than himself. Mrs. Miller's daughter Anna had mended it. Then the coat was shown to her and corresponded exactly with the description given. The mended seams were very pronounced.
After several other articles taken from Truck had been presented for identification Mrs. Miller was asked in regard to any other trousers that Frank had possessed. She described a pair, and then a pair was passed into her hands for identification. She started to examine them when suddenly they dropped from her hands while the color left her face as she exclaimed "Those are the very pants I washed and pressed and mended up for him. Of course I recognize these pants. I put a patch on them, see, right here." (turning to a new patch on the seat of the trousers.) "Frank has not any black cloth at all like that and I took a piece of my old black cape. Just look at that—that is a piece of my cape. Of course I recognize it. I have the rest of the cape preserved at home. Oh! dear." Mrs. Miller said further in regard to the trousers as she looked at them, "I know that is the patch I put on there without any further ceremony about them. I know them." She also called attention to the stitches which she had put in around the bottom of the trousers, having turned up a hem there and said she recognized her own stitches. Mrs. Miller was asked to preserve very carefully for future use the remainder of that cape from which she had taken the piece for the patch.
EDWARD BLOOMER.
Edward Bloomer was recalled and testified to the fact that Miller's way of fastening the outside door of his cellar opening into the hatchway was a hook and staple and a piece of board used as a prop between the door and a projecting stone in the cellar wall just across the corner. He also said the maul, which was found next that door, was always kept in the cow barn at the left of the door. He put it there himself on the previous Wednesday. He identified the tobacco sack, used as a money bag and found on Truck, as Miller's, his identification mark being a blue string with a peculiar eyelet in it.
EDWARD D. BLODGETT.
The last witness of the inquest was Edward D. Blodgett of The STANDARD. He testified to his interview with Truck in the jail on the evening of March 16 and related some facts from the interview, all of which was published in The STANDARD the following day. He stated that he had had other interviews with him at other times. This witness was put on the stand at the suggestion of the foreman of the jury, who said that perhaps the jury would like to hear some of the stories which Truck had told as he understood that his statements did not correspond with the testimony of the witnesses who had previously been sworn.
The coroner then addressed the jury and gave them some instruction, and at the close of his remarks the eight jurors went over to the home of the foreman, John E. Winslow, and prepared their verdict. They were gone probably three quarters of an hour. It is understood that it did not take them long to agree upon a verdict, but the mechanical work of drawing the lengthy inquisition in legal form took the greater part of the interval. During this time Winslow hall was filled with a large crowd of people and all enjoyed a good visit. During the entire inquest a considerable number of ladies had been present but during the last afternoon nearly half the audience was composed of ladies, and the hall was crowded. At length the jury returned, the inquisition was submitted to the coroner for his signature and then was read by the clerk to the audience. The result of the verdict seemed very satisfactory to the most of those present. Indeed one lady was heard to say "If that jury hadn't held Truck after this evidence which we have heard we'd have mobbed them." It may be added, however, that so far as The STANDARD man could learn this lady did not try any intimidations upon the jury before they went out.
At the close of the reading of the verdict the coroner thanked the jury for their kind attention and patient hearing and discharged them.
THE VERDICT.
The verdict in full was as follows:
State of New York, County of Cortland:
Inquisition taken at Winslow's hall in the village of Virgil, town of Virgil, county of Cortland and state of New York on the 31st day of March, 1899, before Marion R. Smith, M. D., one of the coroners of said county, upon the body of Frank W. Miller, then and there lying dead, upon the oaths of Rodolph Price, Daniel E. Stillman, Charles W. Johnson, John E. Winslow, William Overton, Lewis C. Chrisman, John Downes and Nathan A. Gardiner, good and lawful men of said county who being summoned by said coroner and by him duly sworn to well and truly inquire who the person whose body we had viewed was, and when and by what means he came to his death, and into all the circumstances attending the death, do say upon our oaths that the person whose body we have viewed was Frank W. Miller, that be came to his death on the 14th day of March, 1899, between the hours of 6 and 11 o'clock in the afternoon of said day in his dwelling house in said town of Virgil.
That said Frank W. Miller came to his death by violent means at the hands of one John Truck, which means and the acts of said John Truck were the immediate cause of the death of said Frank W. Miller, the exact means and instrument used being to this jury unknown. And said injuries so inflicted by the said John Truck were so inflicted with the premeditated design on the part of said John Truck of causing the death of said Frank W. Miller and did so cause his death.
And the said John Truck did thereafter to conceal said crime cause the dwelling house of said Frank W. Miller wherein his dead body did then lie to be burned.
In witness whereof, as will the said coroner as the jurors aforesaid have herein to set their bonds and seals this 31st day of March, 1899.
MARION B SMITH, M. D., Coroner,
JOHN E. WINSLOW, Foreman,
RODOLPH PRICE, Juror,
D. E. STILLMAN, Juror,
CHARLES W. JOHNSON, Juror,
LEWIS C. CHRISMAN, Juror,
WILLIAM OVERTON, Juror,
JOHN DOWNES, Juror,
NATHAN A. GARDINER, Juror.
THE ARRAIGNMENT.
Before night to-night it is expected that Coroner Smith will have come to Cortland and gone through the formality of signing the warrant for the arrest of Truck. Of course, as he is now confined in the county jail it will be only a formality, but it has to be done to be legal. Truck will then be brought before him and arraigned and will be committed to jail by the coroner. The sheriff will then take charge of him again and return him to the jail. He will also be asked at this time if he desires counsel and what counsel he wants.
NO LIGHTS TO-NIGHT.
No Settlement Effected Between Traction Company and Village.
Cortland will be dark to-night, that is no electric lights will burn in the streets. Pedestrians must content themselves with what light is furnished from the few gaslamps and the moonbeams, if any exist. The contract for street lighting between the village and the Traction Co. has expired, and as told in yesterday's STANDARD, President Holden has served notice on the Traction company to discontinue lighting the streets unless the company pay its indebtedness claimed by the village.
General Manager Westcott of the Traction Co. stated to a STANDARD reporter this morning that his company had taken no action toward the adjustment of the matter, and he could not state what probable action, if any, would be taken by the company. He said they should not turn on the lights until authorized to do so. His company had not done any paving, and did not expect to pay for any paving.
The outcome of the matter will be watched with interest.
BREVITIES.
—Until further notice, the clothing stores will be open evenings until 9 o'clock.
—DR. C. D. VERNOOY has moved his office and residence from 84 Port Watson-st., to 50 Port Watson-st.
—The quarterly conference of the First M. E. church will meet this evening at 7:30. Presiding Elder Cooper will be present.
—New display advertisements to-day are—Stowell, Make room sale, page 7; Kennedy Bros., Bicycles, page 6; M. L. Decker, Sewing machines, page 7.
—Rev. John T. Stone will conduct a special Easter service at the Y. M. C. A. to-morrow afternoon at 4 o'clock. The subject of his address will be "Life, Light and Liberty." All men invited.
—The union young people's meeting which was to have been held in the First Baptist church to-morrow evening at 6 o'clock will not be held, owing to the Easter services in the various churches.
—All those interested in the arrangements for the "Merry Milk Maids," the operetta to be presented under the direction of Prof. A. D. Lane, are requested to meet Monday evening at 7:30 in Empire hall.
—To-morrow is the day upon which the hour of evening service at the churches changes for the summer from 7 to 7:30 o'clock. Other meetings which precede the evening service will also be a half hour later, as usual.
—It is said that the hardware merchants are laying in an extra stock of lanterns for use during the non-moonlight period of dark Cortland. If the lanterns do good service maybe we can get along without electric lights in the future.
—Policeman S. N. Gooding is exhibiting with considerable pride a fine policemen's club which was presented to him yesterday by Mr. M. H. Allen of Marathon. The stick is of locust, hand-turned and of the regulation size and length. Mr. Allen is an old acquaintance of Policeman Gooding and has been promising him the club, ever since the latter was put on the force.
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