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| New York Supreme Court Judge Albert H. Sewell. |
Cortland Evening Standard, Friday, March 9, 1900.
THE TRUCK TRIAL.
BOTH SIDES NEARLY READY FOR EXPERT TESTIMONY.
That Will Begin on Monday—Lay Witnesses Testifying as to Their Impressions Concerning Truck's Acts in the Past, Whether Rational or Irrational—Many of the Acts that Appear to be Irrational are That He Didn't Tell the Truth and Did Tell Big Stories.
The murder trial of John Truck is moving along slowly. The defense is attempting to show by lay witnesses, people who have known him at different periods in his life, that his acts have impressed them as irrational. The court will not permit them to characterize him individually as a rational or an irrational person. That kind of testimony can come only from witnesses expert in the subject of insanity, but they are led to describe various things that he has done, relate stories that he has told using as nearly as possible his own language. They are asked to detail his conversations in his own words, that the jurymen may gain an impression of their own and draw their own conclusions whether such acts, stories or conversations proceeded from a rational or an irrational person. The first intimation that the witness is about to characterize the defendant as rational or as irrational, or as not being right in his mind at all times brings out an emphatic objection from the district attorney, and the objection is sustained by the court. The sentence is interrupted and whatever may have been said is ordered stricken from the record. The witness is told to describe the act and not to characterize it. That is for the jury to do.
The testimony of the defense except the expert witnesses will probably all be put in this week, and the expert testimony on both sides will come next week. Then will come an opportunity for rebuttal testimony and then the summing up. It will probably take about all of next week to get the case to the jury.
THURSDAY AFTERNOON.
The crowd Thursday afternoon was greater than at any time previous during the trial. Every inch was occupied, people sitting and standing in the window ledges and clear up to the bar railing.
HORACE W. HALL.
Horace W. Hall testified: I reside in Cortland. Formerly lived in Homer. I own a brickyard in Homer. John Truck worked for me in summer of 1898 for about a month. He tended mason for me for about a month in 1893 or '94. I am a mason. He had dull and melancholy days. Some days he talked a great deal, other days he would hardly reply if one spoke to him. He always did his work. Appeared as though in deep thought. Didn't notice his manner particularly, didn't pay any attention to his talk. His acts impressed me as irrational.
Cross examination—Had no fault to find with his work for me as mason's helper. Did his work well. At some times at the brick yard John ran the engine. His hand got bad from shoveling and the engineer offered to change works with him till his hand got better. He did that work well. Always obeyed instruction.
ALBERT BENJAMIN.
Albert Benjamin recalled testified: The acts which I described in my testimony Wednesday impressed me as being irrational.
W. W. WRIGHT.
W. W. Wright testified: I am the station agent at Preble and was in 1893. I remember the snow plow colliding with a sleigh. John Truck was in it. I saw plow coming and signaled driver to stop. He tried to get across track. Snowplow struck and threw him upon the bank.
Cross examination—I knew plow was coming because had been told so by wire. I was watching for it. It was not running on any schedule time. It was covered with snow as it approached. Creamery partly obstructs view to crossers on highway by station. His team was just getting upon southbound track when I called to him to back off. Plow was coming on northbound track. If he had backed as I told him he would have been saved. His horses just got across. Plow knocked horses down and slid under sleigh and threw it upon bank. Driver was standing up.
BENEDICT WEINGARTNER.
Benedict Weingartner testified: I reside in Tully. I lived in Preble in 1893. John Truck worked for me. I remember his coming home after being struck by plow. No marks on him, but face swollen. Claimed he was sore. Didn't do any work for two weeks.
Cross examination—Stayed in most of time during two weeks. I took him to Preble next day after accident. He didn't come to my table to eat much during that time. Took meals with his wife in her room. After two weeks worked again as usual.
BURDETT HOFFMAN.
Burdett Hoffman testified: I reside in Onondaga Valley. I knew John Truck in 1894. He worked for me. Helped press hay and ran engine from three weeks to two months. A year ago last winter I worked in Otisco Valley with him. We were there pressing hay. One time while running engine injector wouldn't work. He took it off to fix it. He couldn't make it work and he wanted to start engine and run it without injector. He said he could run it all right. I told him he must not. I didn't permit it. One time he was wiring hay and he didn't tag all the bales. He had been instructed to tag them. I spoke to him about it, and he didn't make any reply. This never happened but once. He told one [story] of the great number of bushels of grain he threshed one day in Otisco with his threshing machine. Can't remember how many it was, but it was an awful lot. Some days he seemed down-hearted and said little, other days he talked nearly all the time. Have heard him say he had a roaring in his head that sounded like a train of cars. His acts impressed me as being irrational.
Cross examination—Have heard other threshers tell pretty good-sized stories. This story of Truck's was simply a little greater than others I had heard. Truck fixed the injector himself finally and put it back again. He was a serviceable man. He was the only man who ran the engine aside from myself.
CHARLES BLUNDEN.
Charles Blunden recalled, testified: He was usually talkative two or three days at a time, and then quiet for a day or so.
Cross examination—On the Saturday before the transaction he told me about a mortgage that he had foreclosed on, was about to foreclose on some property in Virgil. He told me he had got to go on Monday to attend to it. I asked him if he could help me on Monday and he said he couldn't as he had to go to attend to this. He told me that if he got the team back and the cows he would rent a farm of Mr. North of Syracuse. He had spoken to me of renting this place before, and had told me of his mortgage on stock before.
MILES MASTERS.
Miles Masters testified: I reside in Otisco. I have known John Truck for six years. Six years ago next June I worked with him pressing hay for Charles Blunden. A year ago last fall worked with him from fifty to eighty days. I remember once his telling of firing on a railroad. Flues leaked. They banked the fire and he crawled into the firebox and plugged the leak with a wooden plug and they went on without stopping. Some days acted dull and wouldn't answer without being asked several times over. He didn't pay much attention to us at those times. They lasted a day or two at a time. Some days his eyes rolled. On such days he has told me his head felt bad; could seem to hear a train of cars in them. On other days he seemed cheerful and told stories. I remember his being sent after a tank of water and getting it, but saying he never saw the bridge over a creek which he crossed when he might have secured it nearer by at the bridge. He was sick one week and I took care of the horses which he usually cared for. When he came back he told me I hadn't cared for them as well as he was accustomed to. He said he asked the horses if they had been fed and watered three times each day and they had told him they had not been. These actions struck me as being irrational.
Cross examination—I am positive I worked for Charles Blunden. I don't know that I never worked for him in my life. I was never convicted of a crime in my life. I was convicted of disturbing a religious meeting in Spafford Hollow. What I said about not being convicted was untrue. I was convicted of another crime once. I was convicted of hitting a constable once. I paid a fine of $3 for it. I forgot all about both of those cases when you asked me about it. I still say I have worked for Charles Blunden.
E. J. CALLEN.
E. J. Callen testified: I reside in Homer. I have worked for Charles Blunden pressing hay. John Truck worked for him. The last witness also worked for him. Some days Truck seemed dull, other days more talkative.
District Attorney Duffey here objected to the questions of Mr. Miller as being so leading. "Mr. Miller," said the district attorney, "is a good witness. He gets in just the adjectives and testimony he wants, and in consequence they appear on the record."
"But I can't begin to equal the learned district attorney," replied Mr. Miller. "You remember that I have had an object lesson of a week here of the district attorney's leading."
"You both do well at that," responded the court, "but the practice is certainly to be avoided."
Cross examination—These stories of Truck's were told evenings and mornings and at intervals of rest. Others told stories too, but John had the reputation of being able to tell the biggest ones. He was a good worker.
DAVID GUILFOOS.
David Guilfoos testified; I reside in Cortland. I am a laborer. I know John Truck. Have known him for three years. I threshed with him for three months, three years ago. Saw him once after that. Saw him every day and night while we worked together; slept with him. He would take the machine apart every day and get it out of repair if we would let him. He would talk in his sleep nights. I couldn't understand what he said. I would wake him up and he would say his head hurt him. Some days he seemed dull, his eyes shone and he looked haggard. Other days he was more talkative and cheerful. Those nights he used to tell me stories of being out West on the prairies, riding bronchos and hunting Indians. His acts impress me as irrational.
Cross examination—Truck and I worked for Joe Cole on a threshing machine. When Cole went away Truck ran the engine. Otherwise Truck and I alternated in feeding and in taking care of the basket. Sometimes he went away and left me to get a tank of water alone. I considered that irrational.
Redirect examination—Truck told me he and Cole were running the machine together on shares. Once he offered to pay me my wages because he was one of the proprietors. Never saw Truck take but one drink of liquor and that I bought for him myself.
Recross examination—His dull days usually came after he had been at home over a Sunday. He usually told me then that he had had some trouble with his family at home while he was there.
CHARLES BLUNDEN.
Charles Blunden recalled, testified: I never saw Truck drunk.
Cross examination—Miles Masters never worked for me.
Recross examination—Masters worked for Burdett Hoffman and Hoffman was running my press. Hoffman hired all the help.
E. J. CALLEN.
E. J. Callen recalled said: I never knew Truck to drink any liquor.
BURDETT HOFFMAN.
Burdett Hoffman recalled testified: I never knew Truck to drink liquor. I saw him take a glass of cider once.
Cross examination—It was not peach cider that he drank, but just ordinary every day cider.
AUSTIN ESTY.
Austin Esty recalled, testified: I never knew of Truck drinking liquor. I never saw any indications of his drinking.
Cross examination—I never knew of any cider being around a merry-go-round. I couldn't swear I never knew of Truck drinking cider. I have drank it myself. I know what it is. I wouldn't say that Truck never drank cider when I did.
CHARLES SEAGER.
Charles Seager testified: I reside in Homer. I know John Truck, have known him since 1889. I have worked with him. Some days he was dull, some days cheerful and talkative and told lots of stories. He told me once he plowed seven acres in one day between 7 A. M. and 6 P. M. with an hour's nooning. His acts impressed me as irrational.
Cross examination—I thought about all these acts separately at the time of them and all of them impressed me separately at the time as irrational. Probably there are a half dozen of these separate acts that impressed me at the time as being irrational. Truck's wife is my third cousin.
At 5:40 P.M. on request of the defense a recess was taken till 9:30 o'clock Friday morning.
FRIDAY MORNING.
At an early hour this morning the crowd began to flock toward the courthouse. In fact the entrance hall was full before any one could be admitted to the court room, for the reason that at night [it] serves as a sleeping apartment for the jury and the two officers in charge, and it takes a little time to remove the cot beds and replace the chairs. A few ladies yesterday brought their work with them and crocheted right through the day as they listened to the evidence, also having their lunch so that they did not stir from their seats at noon. This morning Sheriff Brainard looked with suspicious eyes at the packages the spectators brought with them and finally broke out with the exclamation, "They have brought their nighties with them too to-day, and don't intend to go away to-night."
But this morning the rules were more strict and only as many were admitted to the room as could find seats. Yesterday it was almost impossible to get a witness to or from the stand by reason of the choke. To-day the aisles are clear and all those who cannot hear the evidence will have to depend upon the newspapers for it.
This morning the jurors found letters for them. They were called to the judge's bench and stated who they were from as they recognized the hand writing, and there seemed to be a look of genuine satisfaction on the faces of the fortunate ones as they read the home news from their families from whom they have now been separated two weeks. The jurymen without letters looked as though they wished they had them too.
BURDELL WINTERS.
Burdell Winters was the first witness called. He testified: I live in Cortlandville. I knew Truck five years ago when he lived on my uncle's farm in Virgil. I lived a half mile south of there. He has worked for me in haying. Some days he seemed more cheerful than on other days. Some days he seemed dull and didn't notice much of anything. In one sense some of his acts seemed to me irrational, in another sense not so.
Cross examination—The farm my uncle hired Truck to work for him over there included 50 acres. Truck was first hired for one year and at the end of that time for a second year.
CHARLES MOREHOUSE.
Charles Morehouse testified: I live in Cortland. I know John Truck. First saw him about five years ago. About a year ago now I was led to notice him particularly. Had noticed him slightly before. I can't recall any particular thing he said. He would start to tell something and would stop before finishing and would hesitate and go to talking about something else. Eyes rolled, moved from one object to another. Eyes looked wild. He came to my house on the Saturday or Monday before the occurrence in Virgil out of which this indictment grew. I was sick, and didn't see much company. He said at the door that he had important business with me. I said let him come in. He entered. He said he was in pursuit of a horse or a team. He had bought a farm, and needed a team to work it. He wanted to buy one of me. He said he had partly bargained for a rig of a Mr. Miller of Virgil; was on his way there then. Said he thought he would call at two or three places, and if he couldn't do any better he thought he would go and take rig Miller had offered him. Said he could pay for horse; said he had $20 or $25 in money and a check for $75 against a Mr. Blunden. Said he was tired of plugs and wanted a good team. Said he had a mortgage already past due on a team and on two Jersey cows in Virgil, and if the money didn't come soon he should foreclose. He had plenty of money to buy a team if people who owed him would pay him. He seemed excited. He would get up and walk about the room and then sit down again. I told him I was in no condition to show him a team that day. He said he had notes against several people. Told me of two or three people who owed him. I can't remember names. He was going to make them all settle. Stayed there about an hour. When he got to telling about these parties not paying him he would rise up and walk about the room. These acts impressed me at the time as irrational.
Cross examination—I had been sick for nine weeks. It is only lately that I attempted to locate this call as on the Saturday or Monday before the occurrence. I read all about the affair at the time in the Cortland STANDARD. I wouldn't swear that this call was on that Saturday or Monday, but I think it was Saturday. When I read of Truck's actions in the papers it did not occur to me at the time to connect this affair with his call upon me. I did not hear Mr. Blunden testify that Truck worked for him till late on the Saturday afternoon before the affair. I did not see Truck have a gun with him. I could see him for some distance coming to the house and going from it. My house is on Wheeler-ave. Never took a chattel mortgage from Truck for anything. I sold him a sack of flour once. I had an injury five years ago and had not been able to do much work since. Had bought and sold horses, and wood and hay since then. He did not show me his money or check or anything of the kind that day. Several years ago I went to a farm south of Tully where Truck was working and collected $10 from him for my brother who had a chattel mortgage against him on a horse and this was part of the payment. That was the first time I ever saw him. I had no interest in the horse for which I was collecting the pay. My brother lives here in Cortland. Afterward I saw Truck in Homer at Mr. Fassett's. Truck was in the engineroom running the engine. I saw him put in coal and wipe the engine. I was in the engineroom several times that winter and think I saw him there several times in charge of the engine. Saw nothing irrational in his acts at any time at the various times I saw him except on the one occasion at my house. I was a clergyman for fourteen years, was preaching at Holmesville for four years; at Little York, St. Lawrence Co. for five years; also in Franklin county and East McDonough. I was in the Baptist denomination. Have also been in life insurance business in Watertown and in Aultsville, Canada. Was in that business for two years; then came to Cortland. Have bought and sold stock, produce and farming tools since I came here, except for some three years after I met with an accident. Used to do business in Addison, Steuben Co. Was in Addison between one and two years and went from there to Watertown. Had a livery and sales stable in Addison. Conducted many religious meetings while there; also practiced as a veterinary surgeon there. Never had a certificate to practice as a veterinary surgeon, though I practiced this after the law was in effect forbidding one to practice without a certificate or license. I was five years in mercantile business in Dickinson Center, Franklin Co. Started a cabinet and chair factory in this place. Employed thirty-two men. Run these factories and preached at the same time. Also ran a hardware store at the same place and time. Continued this till I met with business reverses and lost my property. Was educated at the Moravia school. Never attended any divinity school or had any special training for preaching or for practicing as a veterinary surgeon.
FRANK SHULTS.
Frank Shults testified: I reside in Homer. I used to reside in Onondaga county, 2 miles east of Fayetteville. A boy named John Truck lived there. He went to school with me for one winter. We were both about 13 years old. He was very backward of his age; was in first reader. Seemed not to have had advantages other boys had.
Cross examination—I think it was about 1873 when that boy and I were in school together. I shall be 40 years old my next birthday. Don't think he was over a year older or a year younger than I. Have only a faint recollection of how John looked. As I see him here now I should hardly recognize him if I had not known who he was. I couldn't swear positively now that this defendant is the boy I used to know, though the names are the same.
HERBERT ROBBINS.
Herbert Robbins testified: I reside in Cortland. I have been employed by H. W. Hall in the brickyard in Homer. Truck was there also in July, 1898. Some days he would be excited and talkative and other days silent. He always answered when spoken to. His acts impressed me as irrational.
At this point court recessed till 2 P. M.
CHARGED WITH ABDUCTION.
Edward Crozier Arrested on a Serious Charge—Held in Default of Bail.
Edward Crozier was arraigned in police court this morning on the charge of abduction in taking and receiving Ada N. Getman, a female under the age of 18 years, for the purpose of marriage without the consent of her father, mother or legal guardian.
Ada, who will not be seventeen years old until the 27th of next April, lived with her parents, Mr. and Mrs. Otis J. Getman, 22 Taylor-st., and it appears from their evidence that Crozier came to their home and asked Ada to go to Syracuse to secure employment with some theatrical company. This they discouraged and withheld their consent, but Ada went with him and they were married in Onondaga Valley, Jan. 2, 1900, by a justice of the peace. From there they went to Syracuse to live and Crozier soon after deserted her.
Not long ago the father went to Syracuse to find Ada and requested help from the police department. James Wood, a detective, found the girl whom he placed in Mr. Getman's keeping. She was brought back to Cortland Feb. 22.
Yesterday Policeman Corcoran arrested Crozier in Ithaca and brought him to Cortland. When he appeared in court this morning he waived examination, and his bail was fixed by the court at $250 for his appearance before the grand jury. Crozier was given over to the charge of the officers and will try to secure the required bail.
The Cinematograph.
There will be an entertainment quite new and novel at the Opera House to-night. An exact reproduction of the Drury Lane pantomime of Cinderella. The New York Cinematograph Co. are absolutely the only company exhibiting this spectacular pantomime. In addition to the many magical and comical subjects the latest songs are introduced each evening. There will be a special matinee to-morrow, Saturday, for ladies and children at 2:30 with special matinee prices.
BREVITIES.
—The first rhetorical exercises for the present term were given at the Normal school this afternoon.
—Among the interested spectators at the courtroom yesterday was Patrick Galvin of Preble who listened to the evidence for about an hour.
—William Butterfield of Cortland has leased the Dugan House on Front-st., and has already taken possession of the same.—Owego Times.
—New display advertisements to-day are—C. F. Thompson, Saturday's pickups, page 7; Glann & Clark, Second annual closing out sale of shoes, page 7.
—The regular meeting of the Cortland Science club will be held Saturday evening at 8 o'clock at Franklin Hatch library. Subject "Hygiene," speaker Dr. F. D. Reese.
—Prof. Booth of the Normal and his class in electricity took a trip to the Cortland & Homer Traction company's power house this afternoon to study the subject from a practical standpoint.
—At the Mourin auction sale of cows yesterday the entire dairy sold for an average price of $52 and a fraction per head. Mr. Mourin informs us that this is the largest average for a dairy sold in this county in years.
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