JOHN TRUCK TRIAL—TAKING TESTIMONY

 

Judge Albert H. Sewell.

Cortland Evening Standard, Saturday, March 3, 1900.

THE TRUCK TRIAL.

PROSECUTION IS STILL PUTTING IN ITS EVIDENCE.

Clothing Found on Truck When Arrested Identified as Miller's—Property Found at His House Also Identified—The Story of Truck's Wanderings About on the Afternoon Before the Fire—Account of His Arrest.

   The Truck murder trial is taking a recess over till Monday. Judge Sewell this noon expressed his willingness to sit through the afternoon, but the attorneys thought they could save time by having a few hours in which to consult with witnesses and arrange to rush the testimony. The prosecution is still putting in its evidence. At noon to-day the prosecution was ready to begin upon its medical testimony in regard to the condition of Miller's body, and at that point an adjournment was taken till 9:30 o'clock Monday morning.

AFTERNOON SESSION.

   At 2 o'clock the courtroom was thoroughly filled, a large number of ladies being present. Edward Bloomer resumed the stand and the direct examination was continued: I went into the horse barn for the first time that night when the body was taken in. It was about 1 o'clock. Horses not bedded, nothing in mangers, a good deal of manure there. The horses were not in usual places; gray mare was gone; also wagon. A day or two afterward I looked for his whip. It was gone. It was kept in a crack between board and post. I was with him when he purchased the whip. It was a red whip. When shown the whip that Truck had with him when arrested witness said it looked just like Miller's whip. Went into barn that night. Found two calves loose, no hay in manger, no bedding under them. Manure was not thrown back from behind cows. No hay in mangers of sheep. In morning at toward 8 o'clock noticed cows' bags very full and hard. I had milked the cows before. I watered the cows in the morning. They were very thirsty. There were thirteen or fourteen cows including the calves; about ten sheep. Horses also were very thirsty. I took care of the stock for several days after the fire. I saw others use the pole in trying to reach the body in the house. I helped. We worked from south side. Pole was a hay-binding pole, probably 16 or 18 feet long.

   I knew Frank Miller's watch. It was an open face silver watch. Wore watch every day. Didn't use chain every day. But had a gold chain. Witness was shown watch and chain found on Truck when arrested. He opened the watch and found initials "F. W. M." on inside of rim of case, and thus positively identified the watch. This watch was shown to me, witness continued, for the first time on the stand at the coroner's inquest. I positively identified it there, picking out the initials. Miller had shown the initials to me.

   I remember Miller had one upper tooth missing at the middle of the jaw. Miller had a ten or twelve quart tin water pail with flange on bottom. Bottom was some rusted. Witness was shown a pail found at Truck's house and said that it was like Miller's pail. I saw a jar on floor of cellar bottom when there. Miller said there was butter in it.

   There was but one door of the house that locked on the outside. Front door locked with key from either side. Door leading out from lean-to was fastened by iron put into hole bored in casing. Hatchway door was fastened on inside with hook and staple and was propped by a bar. Saw it so fastened the Wednesday before fire. Saw a maul without a handle on the wall on the north side of hatchway after the fire. Maul weighed six or eight pounds. Miller always kept that in cow barn at left of door. Saw it there with handle in it on the Wednesday before the fire. I used it that day and returned it to its proper place.

   Cross Examination—Cow usually gave from six to eight quarts of milk in the morning. Do not think the cow usually gave a pail most full of milk in the morning. I did the most of Miller's extra work. My brother did some of the work. Do not know of any one else having worked for him during last two or three years before his death. Charles Johnson worked a little while for him at one time.

   Redirect examination—I had seen Miller's trunk. It stood in sleeping room south of bed. Usually kept his best clothes there, his summer lap spread, his business papers. Kept a ring there. He had an eight day clock, light color. Witness was shown a clock found at Truck's house and witness positively identified it by writing on the back of it. I recognize it by the price mark $2.85 of the clock written there and by letters on the back of it. He bought the clock of Mr. Lewis at East Virgil and I was helping him cut wood at the time of his death to pay for it. I have seen the trunk locked. He had a tobacco bag money purse tied with a blue string. Witness was shown a bag of this description found in Truck's possession and said Miller had such a bag. I found a Mortise lock in the ruins in the cellar after the fire. It was directly under the place where the outside door stood. There was no key to it. Bolt was thrown as though locked. Didn't find any key to it.

EDWARD LEACH.

   Edward Leech testified: I reside in Blodgett Mills. I was a constable in March, 1899. I went to Frank Miller's house about 11 o'clock on morning of March 15. 1 saw the coroner take fragments of clothing from breast of deceased. I sifted contents of cellar with fine screen. Found a good many buttons, some overshoe buttons, suspender buckles. Near north wall found bits of something that looked like cooked flesh; also pieces of bones. Worked there two days steadily. Found no money or remains of money. Found remains of metallic parts of a gun.

   Cross examination—Sifted all of contents of cellar but a little section where there was a big pile of potatoes.

EDWARD BLOOMER.

   Edward Bloomer, recalled, identified the lock which he had found in the cellar. It is in same condition as when found, with bolt thrown forward. I know, he said, that there was such a lock on the door of Miller's house.

GEORGE A. MILLER.

   George A. Miller testified: I reside in Virgil village. On March 14 in the afternoon I went to Darius Allen's. We went up on my place above Frank Miller's after a load of hay which he was going to draw for me. A man was going down the road below the barn when we got down to Miller's barn. I didn't recognize him. He wore a grayish coat and a cap. The man went before us to the schoolhouse and turned up the bill toward Mr. Patten's. I got off the load just beside the Miller house. I was afraid we should tip over. The road was bad. I walked down to the school house.

   Cross examination—I walked down the road that Miller usually used. I walked right by the hatchway, some twelve feet from it. The hatchway door was shut I looked at it. Don't know why I did, but remember doing it. Noticed that the kitchen door was shut. Got off the load on the side of the [road] next the house. Have been by there in the past when the hatchway door was open.

JAMES DARLING.

   James Darling testified: I live near East Virgil. I know Frank Miller. Last saw him on March 14 at about 3 o'clock. Came to my place to get me to cut his hair. Drove up there with a bay horse and the yellow gear wagon.

FRANK J. CHRISTMAN.

   Frank J. Christman testified: I am a merchant of Homer. I resided there in March, 1899. I had property interests in Virgil last year. I went to Virgil on March 8. Took trolley from Homer to L. V. R. R. Started on foot for father's farm, 4 ½ miles from Cortland up over Main-st. hill. Was going over for a horse and wagon that belonged to my mother. Expected to drive back. I knew John Truck. First saw him on March 8, 1899. Left Homer at about 2 o'clock. First saw him about two-thirds way up first hill from Cortland. I caught up with him. He told me his name was John Truck of Homer. Told me he bought a team in Cortland once of a man named Miller at sheriff's sale. I asked if that Miller was a relative of the Miller's of Virgil. He thought not. In conversation he said "It's a wonder some one hasn't killed Frank Miller, living up there as he does." I don't remember that he said much more about Frank Miller. He said he once lived across the valley from Miller on the Winters' farm. He spoke of Irving Homer. I walked with him about 2 miles. I separated from him at just before 4 o'clock. I had a little business with a man this side of the farm. He said he was going to see a man who lived a little southwest of East Virgil to get some cows that he had sold to him and hadn't got the money for and he was going to take them back. As I recollect it the name was Dorothy, but I am not sure.

   Cross Examination—Said there were three cows that he was after. Was going to bring them to Homer. Told me of buying a team at sheriff's sale. Said paid $150 for team. I paid attention to what he told me. He volunteered most of the subjects of conversation and did most of the talking. Said the team ran away with him. Said he owned a threshing machine, had threshed around Homer. Said he met Mr. Blunden one day with his engine. Truck had his engine. Both stopped and looked the two over. Truck's was the older but Blunden acknowledged that Truck's had been cared for better than his. There were a good many details, but I can't remember them well enough to tell them now.

ARCHIE DOWNS.

   Archie Downs testified: I reside in Virgil on the Terpening farm about a mile from Miller's. Live on road leading from Mr. Leach's to the northeast. Lived there last March. I have seen John Truck. Saw him in our barn the week before the Miller fire, the Wednesday night before. We were milking. He came into the barn. Truck said he came from the Henry Winters' place, had been over to look at it. Said he was looking for a farm to rent. He stayed till we got through milking. Went toward the east when he left. Saw him again next day. He came home with my father about noon. Had dinner with us. Said he was going over to Mrs. Yeaw's to see if he could rent their place. Said his wife had been sick. Left after dinner going toward Mrs. Yeaw's. Next saw him on March 14 at Mr. Leech's near the barn. Mr. Leech's boy was with me. In putting a cow into the barn she slipped down and couldn't get up. Truck came along from the direction of the schoolhouse. He said he thought we would have to get a team to draw her into the barn. We decided to do so. I went home and got our team and we drew her in. She was hurt by the fall. Truck helped load her upon the sleigh and helped unload her after we got her in. I went back home leaving him at Smith's.

   Cross examination—Didn't see gun the first time.

JOHN DOWNS.

   John Downs testified: I live in Virgil. I am father of previous witness. Saw Truck in our cow barn on the Wednesday before the Miller fire. Saw him again next day at Jim Leahy's. He went home with me 1 1/2 to 2 miles. Claimed he understood I wanted to let my place. After dinner said he was going to Mrs. Yeaw's.

   Cross examination—Told me he was going to rent a farm. While at dinner with me said he knew something about sickness; his wife bad been sick and he had had to pay out about $200 for her for an operation.

EDWARD BLOSE.

   Edward Blose testified: I lived in Virgil in March, 1899, on the Blodgett Mills road. I know John Truck. I was home March 14, 1899. Truck came to my place shortly before dark. I was in the barn. He wore a gray ulster. It was between 5 and 6 o'clock. Said he came from Darius Allen's. Asked if I had a gray horse to sell. I asked how much he wanted to put into a horse. Said he didn't have anything to put into it then. I told him I had a horse to sell, but I didn't price any to him. Mr. Woodin came into the barn. He lived with us. Truck had a gun with him. He asked me how much Miller's gray mare was worth. Told him I didn't know. It wasn't my property and I wouldn't say. It was getting dark when he left. Said he had promised to go back to Darius Allen's to spend night. Said if he couldn't find anything to suit him he would go back and buy Frank Miller's gray. He said he would stop at Con Turner's to see some horses. Con wasn't at home when he came up.

   Cross examination—He carried his gun up as though ready to use it. I didn't do chores while he was there. I had my horses and cows foddered before he came. I had some cows yet to milk. I wasn't afraid of him. He kept getting around behind me at every opportunity. I kept my eye on him most all the time. (At this statement Truck's face lighted up with a broad smile.) I might have been afraid of the gun as a man might be of a man carrying a gun. I never saw him carry a gun before. Don't remember telling the questioner that I was white when Truck went away and that my wife spoke of it at the time.

   Redirect examination—It was the manner in which he carried the gun that attracted my attention. It was carried with muzzle toward me as though ready to shoot. It was in a careless way.

W. D. TUTTLE.

   W. D. Tuttle testified: I am an attorney and counselor at law and reside in Cortland. On the week before his death I did some business for him. He paid me from a little sack purse. Shown the money sack found in Truck's possession. Witness said Miller's purse was similar to that. He remembered seeing him wind up the string about it.

ERNEST LANPHER.

   Ernest Lanpher testified: I resided in Virgil in March, 1899, on the Woodin farm. I was at home on evening of March 14 last. I knew John Truck. I was in my stable at dusk. I went to barn to do my chores at 6:10. Had been away that day. Usually do chores at 5 o'clock, noticed I was late that night when I started. Fed horses first. Going from horse barn to cow barn I saw a man coming into entrance to private road toward my farm buildings. He passed beyond horse barn and then turned to left toward woods. He was a man of medium height. Had a cap well drawn down and a long gray ulster. It was an old coat. He carried a gun in the hollow of his left arm with muzzle slightly elevated. He was walking along rapidly. Couldn't swear who the man was. It is about a half mile from my place to Miller's in a direct line.

   Cross examination—The man passed within 3 or 4 rods of me as I stood in the barn and watched him go by. I watched him from door till he passed the cow barn where I was. Then I stepped to north window and noticed his further direction. It is unusual to see any one on those hills over there. He was not going directly toward Miller's when he disappeared from view, but toward a point a little to the north of Miller's. He was walking very rapidly.

WILLIAM W. SEAMANS.

   William W. Seamans testified: I reside in Virgil 50 or 60 rods west of Darius Allen's house on the state road toward Virgil village. On March 14 at about 10:30 I reached home from Virgil. I met a team just above the barn, a gray horse, a backboard wagon and bags in behind. One man was in wagon. I don't know who he was. I know Frank Miller's gray mare. Weighs 1,000 to 1,100 pounds. The horse I met was about the size of Miller's. After I had unharnessed my horses and had gone into the house it was then 10:45. Clock was accurate. George Bouton and Mrs. Seamans were there. Going from my barn to house I saw a rig come over the bridge below Mr. Allen's with a lantern. The team turned at Allen's corner up the road toward Miller's. Was at Miller's next morning. Saw the coroner remove the portions of clothing. It was not a very dark night. I passed that rig on the snow. Both of as were walking when we passed each other. I saw a light in sky before I went into house. It was a little to right of where we usually see reflections of Cortland electric lights. It was in general direction of Miller's house. Did not know of fire till next morning. Have seen Miller's wagon since then. The wagon I saw that night resembled Miller's that I saw that afternoon at Mr. Darling's barn at East Virgil. It was a yellow wagon with bay horse that was at Darling's. I recognized that one at East Virgil as Miller's.

MRS. W. W. SEAMANS.

   Mrs. W. W. Seamans testified: I am the wife of the last witness. I was at home on the evening of March 14. George Bouton, a young boy, was there too. Just before Mr. Seamans came I heard fast driving. The team was going faster than teams usually do. It was about 10:30 o'clock. I did not see the team. It was going toward Cortland.

GEORGE H. BOUTON.

   George H. Bouton testified: I live in  Virgil. In March, 1899, I resided with Mr. Seamans. I was there on March 14, 1899. At 10:30 by clock I heard sound of fast driving. Ground was frozen hard and could hear for some distance. Could hear springs strike or something squeak. I went to the door. Saw gray horse and open wagon going toward Cortland. One man was in the wagon. Something light colored at the back end of the wagon. I stood on steps and watched the wagon as long as I could hear it.

   Cross examination—I looked at clock after I came back into house. I know I heard wagon squeak. Wagon was just opposite house when I got to door.

EDWARD KILTS.

   Edward Kilts testified: I reside in Cortlandville on [Page Green] road 2 1/2 miles south of Wickwire mills. On night of March 14, 1899, between 12 and 12:30 o'clock I was driving along toward home. My horse turned out of road. Saw team coming. Deep hole on my side of road where water had washed it out. Other team didn't seem to turn out. I called out "turn out a little." The other did turn out and we passed. It was a good sized gray horse; buckboard wagon; two or three bags of grain in behind; one man in wagon. He was coming toward Cortland. Lights were out in Cortland. Was not very dark. It was 12:30 by clock when I got my horse put out and got into house. Electric lights went out in Cortland just before I met the man. Lights went out at 12 o'clock then.

EDWIN MILLER.

   Edwin Miller testified: I reside in Homer and did in March, 1899. Truck resided then about 80 rods from my home. To get to Truck's house from my house go north on West-st, about 15 rods, then turn west on Hudson-st., and go 50 or 60 rods. I was at home on night of March 14. On morning of March 15 heard fast driving going north. Didn't get up then. Fifteen minutes later heard it again going south. About fifteen minutes later heard it again going north. Got up and looked out this time. It was a good sized gray horse, short democrat wagon, one man in the wagon. Heard clock strike 2 about the time the team went by first time.

   Cross examination—Last time team passed it was passing slowly. Was coming rapidly last time till it got almost to my house and slowed up just opposite barn. Walked by house last time. Didn't see horse turn up Hudson-st.

DIANA SEAGER.

   Diana Seager testified: I live in the village of Homer. I reside but a short distance from Truck's. I was home on Sunday, March 12, 1899. Three of my boys were there and Ernie Bell. Truck came there between 2 and 3 o'clock in the afternoon. Truck, asked  John, my son, to loan him his rifle. Truck took the rifle away with him. Truck said two foxes came down to play around a buckwheat stack back of the barn by a brook where he worked. He wanted to see if he couldn't shoot one of them. He took cartridges. There were seventeen in the box when he took them away. There were but nine in the box when Mrs. Truck brought the box back. Witness positively identified the gun found at Truck's house as the gun her son had loaned to Truck.

   The defense did not care to cross examine the witness. As she concluded she stepped down in front of the jury she turned toward them with the question. "Now can I go home? I want you to understand that I have a pretty big family to look after. I can't spend any more time around here." She was told by Mr. Duffey that that was all. "All right," she said. "I shant be here to-morrow."

SATURDAY MORNING.

   Court opened at 9 o'clock. Edwin Bloomer was recalled and was cross examined by Mr. Miller. The bay horse was the better horse. The gray was unsound; sometimes kicked.

   Redirect examination—The gray was the larger horse.

CHARLES H. HAWLEY.

   Charles H. Hawley testified: I reside in Homer on Hudson-st. I know John Truck. Have known him for five years. In March, 1899, he resided a quarter of a mile west of me. Truck came to my house on Monday of the week before the fire and asked if I had a revolver that he could borrow. He was going with a party after some sheep. He had been once before and a dog had attacked him. He wanted to be armed this time so he could shoot the dog if necessary. Next saw him at 7:30 A. M., March 15. He came from his home. He inquired for his wife. I told him I hadn't seen her. He said he wanted to find her, get some things for her and go to Tully and rent a house. Said he had returned the night before, with a dandy gray horse. He had told me a short time before about a deal he had for a horse. He had told me he had a mortgage on some stock over in Virgil. Hadn't got his pay for it and he had to take the horse to get his pay. He told me he had returned to his house at 9 o'clock the night before. He acted quite nervous that morning. Didn't sit down. Kept looking from one window to another as though looking for his wife. He wore a gray overcoat with a wide collar. Witness here identified Truck's gray coat. Said he had seen him wear it many times.

   Cross examination by Mr. Miller—I didn't loan him a revolver. I hadn't one. He didn't say any thing about foxes. He seemed to be pleased over his horse deal. He didn't look at me that morning when I spoke to him. I had noticed the same characteristic of him in the past. I did not see him again on this day.

   Redirect—I never saw him act before just as he did this morning.

   Re-cross examination—Told me his mortgage covered a pair of horses, two cows and a sheep. Didn't tell who held the stock.

MRS. CHARLES H. HAWLEY.

   Mrs. Emily Hawley testified: I am the wife of the previous witness. I remember Truck coming to our house just before noon on the Monday of the week before the fire and said he wanted to borrow a revolver to shoot a dog with. We told him we didn't have one. He said he wondered if Johnnie Seager had one, and he went down that way. Next saw him on March 15, early in morning, probably before 7 o'clock. Wore an old gray ulster. When shown Truck's coat witness said it looked like the one he wore, looked like the same patches on it. He said he wanted to find his wife, to get her some clothes to go to Tully with to rent a house. He said "I drove in last night at 9 o'clock with a dandy gray horse." He said he had a mortgage on a span of horses, two cows, some sheep and a few farming utensils. Later in the same morning I saw him walk up by again toward his home with his wife. It was about 9 o'clock. At about 11:30 I saw him drive by with his wife. They drove to the east to the corner and then turned north.

FREDERICK B. NOURSE.

   Frederick B. Nourse testified: I am a jeweler of Cortland. Witness was shown the watch found on the person of Truck and said he had seen it before. The last time I saw it, said Mr. Nourse, the sheriff brought it to me and asked if I had ever seen it before. I looked over my records and found I had repaired it twice. On July 7, 1897, I repaired it for Frank W. Miller. I found the number of the watch in my records, and found our job number marked on the watch. We always enter on our book a description of the watch, the number of the case and of the works, and we scratch into the case the number of the job corresponding to our records. Our two job numbers are 7,391 and 7,759. I can swear positively that on two occasions I repaired this watch for Frank W. Miller.

MRS. ANNA F. WITTY.

   Mrs. Anna F. Witty testified: I reside in Virgil on a road leading from Blodgett Mills over toward Frank W. Miller's. I am a sister of Frank Miller. I saw him last the Saturday before the Tuesday night. He wore a black suit of clothes, cutaway coat; a dark blue overcoat. Witness was shown overcoat found on Truck when arrested. She recognized it positively by certain mending that she did upon it for him two years ago. Witness was very much affected as she took the coat in her hands.

SHERIFF ARTHUR E. BRAINARD.

   Sheriff Arthur E. Brainard testified: I am the sheriff of Cortland county. I was at home on the morning of March 15, 1899. I left here for Marathon on business. Received word at Blodgett Mills of affair at Miller's, and went right over there. There had been a fire at Miller's. I was shown a body in the stable. Coroner came at about 11 o'clock. Saw three thicknesses of clothing taken from breast. Sheriff here identified the portions of the laced shirt and the undershirt. The overall bib and buckle he said were lost at the coroner's inquest. Flesh not burned on chest where clothing was removed. Skin was hairy and yellowish in color. Body was taken in charge by undertaker in my presence.

   I first saw Truck, at Mr. Lewis Reihlman's in Christian Hollow near Cardiff on Thursday. I reached Cortland from Miller's at about 1 o'clock. From information received started north after Truck. Stayed at Cardiff that night. Found Truck at 11 A. M. next day.

   Went to Truck's house in Homer before going beyond Homer on Wednesday. In shed at rear of house found yellow geared buckboard. Didn't go into house. It was locked. We had made inquiries Thursday morning if people had seen gray horse pass. Had lost track of gray horse previous night. At Reihlman's learned that Truck was in the vicinity. Got him there on a pretext. Found he was staying at Leonard Barrett's near by. Truck came to Reihlman's to rent a house. Came at this time by appointment at our suggestion to finish up contract. Truck came in and took off mittens. I said to him, "Hullo, John, how do you do," and shook hands with him retaining his hand. He said, ''How do you do, I don't know you." Officer Dennis stepped up behind him. We asked him to take off his overcoat, his undercoat and vest. He hesitated some at last request, but we insisted. He had on two pairs of trousers. When we were taking off his vest he asked "what does all this mean." I told him he could consider himself under arrest for the worst crime that ever a man committed. He didn't reply. We asked him where he got the money sack he had. He said Frank Miller gave it to him. We took out a pocketbook that had a 2-cent piece in it. He said he had had it a long time. We asked him if they were not Miller's clothes. He said no, he got them at a second-hand Jew store in Syracuse when drawing potatoes there. He said he got the watch of Fred Chapman. Chapman then resided in Homer. He is now boarding in Auburn with the state. He had a jackknife, said it was his.

   We left Reihlman's at about 1 o'clock. We talked to him on a way and told him there had been a fire. Tried to get him to tell how it started. He said he didn't know anything about it. I told him he was the man suspected. He told me he had bought the horse and entire rig of Miller and gave $75 in cash for it. He said he left Miller's at 3 P. M. I told him Seamans told me he had met him after 10 P. M. in Virgil. Then he changed the time of leaving Miller's, but I don't remember what time he then fixed it at. Have since heard him say he left Miller's at 7 o'clock and again he said he left at 9 o'clock.

   We went to Barrett's, got the whole outfit there. The gray overcoat was under the buggy seat. Officer Dennis brought Truck down. I drove the gray mare. She was a good sized gray mare, weighing about eleven hundred pounds. Had a ringbone on left forward foot, was a little lame. When we reached Preble I telephoned to ex-Sheriff John Miller to meet me in Homer. I turned the rig over to Lillis D. Miller, a brother of the dead man who came to Homer with John Miller. Witness here identified the clothing worn by Truck at the time—the blue overcoat, black cut away suit of clothes, two pairs of trousers, cap, felt hoots. In his pockets found watch, worn pocket book with two-cent piece in it; worn tobacco sack with $3.06 in it.

   We went to Truck's house when we got back to Homer. Found two sacks of grain. One was oats and barley ground. Other sack contained 1 1/2 bushels of oats and barley whole. Found a gun in house. In it was a cartridge. We found a jar of butter. John Truck was with us. We asked where he got the butter. He said of a man up Cold Brook where he had threshed. Can't remember his name. There was a wooden pail of pork. He said he got that of Charles Blunden, the haypresser. We found another pair of trousers. We found a clock. People at the house said later that they had never seen it till that morning. We found a tin pail, and a shirt. He said he had bought the clock of a peddler. Truck said he bought the horse feed of Miller, but Miller had given him the whole grain for seed.

   Cross examination—I had a revolver in my hand. I produced it after Truck had taken his vest off, and when Dennis was going over him to see if he had any weapons on him. Said it was in July that he traded and got the watch of Fred Chapman. There were five blankets in the wagon at Barrett's. All have been identified as being Frank Miller's. The name Fisher sounds like the name of the man from whom Track said he got the butter. I have not since learned that Fisher had been dead for a good many years. Found old suit of clothes on the floor at Truck's house when we returned. John Miller found another pair of trousers tucked in behind a bed spring. Those were also since identified as Frank Miller's.

   Redirect examination—I saw the feed at Frank Miller's the morning I was there. It looked like the same kind of feed as that found in the sacks at Truck's. It was ground feed, and looked as though of the same materials. I am not sure that the name of the man Truck said he got the butter of was Fisher.

JOHN MILLER.

   John Miller testified: I am a deputy sheriff of Cortland county. On March 16 I met Sheriff Brainard in Homer in response to telephone call. We went to Truck's house and found the gun, butter in crock, and pork in pail. The testimony of this witness as to finding the articles was much like that of Sheriff Brainard.

   I went to Bennett & Starr's shoe store in Homer and learned of Truck's purchase there. I brought away the $5 bill that he paid for it. I saw one of the firm mark the bill that day. I identify the $5 bill shown to me as the one told me that Truck spent there for shoes.

WAYLAND SPENCER.

   Wayland Spencer testified: I reside at Blodgett Mills. I knew Frank W. Miller. He was my own cousin. Our mothers were sisters. I last saw him alive on the Saturday night before March 14, 1899. He was at our house and paid me some money. He had a purse that would hold a bill out flat. He probably had $10 in his purse. He wore his everyday clothes at that time. He had a blue-black overcoat at home. It had a quilted satin lining. He bad a black diagonal cutaway suit, somewhat worn. A certain button was off the coat the last time he was at our house. Witness identified suit shown him as Miller's, also missing button on coat; also identified watch and chain as very much like Miller's. I sold the farm to Miller in 1885 for $1,500. He paid me $500, and executed a mortgage for $1,000. Sold him more land about five years later for $1,125. Mortgage was given back for full purchase price. Paid $100 when he took possession.

   Cross Examination—Also had a chattel mortgage for $600 on stock.

MRS. ELIZABETH A. MILLER.

   Mrs. Elizabeth A. Miller was recalled to the stand and testified: Last time I saw Frank alive was about 6 P. M., March 14, 1899. He took supper with me. Said he must start for home by 6 o'clock to get chores done before dark. Came there first that day at about 1 o'clock. Was going to mill. Had bay horse, yellow running gear wagon; had several bags in wagon. Stopped for a moment at our house as he went down. I asked him to stop to supper on the way back. Said he would be back in about three hours. I prepared supper for him. I saw him returning at about 4 o'clock by my clock. He hitched his horse in the stable and came in. He went out and cut a little wood while I was preparing supper. He came in and we ate supper together. We sat at table together twenty or thirty minutes, visiting all the time. Finished supper not later than 5:30. We had for supper bread and butter, fresh boiled potatoes, not mashed, pork cut up into small pieces and browned, flour stirred in with water making a sort of gravy, sugar cookies, tapioca pudding, canned cucumber pickles and tea. Frank ate a hearty meal. Used to eat rapidly and not chew food very well. My attention was drawn to this supper two days after and I remembered it then. After supper Frank went out to split more wood. Returned to house about 5:45, put on his coat. He went out to hitch up horse. I went out to stable with him, talking while he was hitching up. It was about 6 o'clock when he started for home. It wasn't dark. He had his watch on that night. I saw him look at it. I saw the chain. The watch shown me is at least very much like his. Witness here identified the clothing shown her as very much like her son's. She identified one pair of trousers as one she had washed, mended and pressed for him the week before he died. I used a piece of my own cape, said Mrs. Miller, as a patch and had the rest of the cape at home. Mrs. Miller produced the remnant and it matched the patch. As she saw her own work on the clothing of her son and handled over the different articles that had belonged to him Mrs. Miller could not keep back the tears.

   Witness said I gave Frank a $5 bill a night or two before to pay some taxes for me. I was aroused by Mr. Allen shouting the night of the fire and went up to the fire. I was alone in the house that night. I saw nothing of my son's body in the building. I returned home before the fire was out. I saw the object fall into the cellar that proved to be the body, but I did not think of it then as being a body.

   Cross examination—Frank asked me if I had seen John Truck the day before. I said I had not. He asked "Didn't you see a man go by with a gun?" I said "Yes, was that he?" He told me it was. He said Truck had told him he had bought a place in Homer, and now wanted to get a cheap horse. I inquired if he had money to do it and he said Truck had showed him a paper which he had told him was a check.

   At 12:05 court recessed till Monday at 9:30 A. M.

 

THE PRICE TO GO UP.

A Second Announcement Relative to the Increased Size of the Souvenir.

   Grip's Historical Souvenir of Cortland will be a much larger book than was anticipated. For that reason the price per copy will be more than was first advertised. Two weeks ago fair notice was given that the price would probably be increased, but that those who had already ordered the souvenir would not be affected. This must be considered the second and final notice. Before the souvenir comes out of the bindery the new scale of prices will go into effect and will be duly announced. There are about one hundred pages more than the publisher of the souvenir promised when the work was first undertaken. It was thought desirable to give Cortland people the very best even if somewhat more expensive. It is believed that they will be better satisfied to pay a trifle more and have a complete and very handsome volume such as we can promise is to be the case. This edition is limited. Six thousand copies must answer for Cortland, Homer, McGraw, Groton and Dryden so it will be seen that those who order in advance only will be sure of getting copies.

 

BREVITIES.

   —New display advertisements to-day are—C. W. Cudworth, Optical talks, page 4 .

   —McDermott's orchestra returned from DeRuyter this morning, where it played last night at a social gathering.

   —A regular meeting of the hospital board will be held at the hospital Monday afternoon next, March 5, at 3 o'clock.

   —The sixty-sixth annual fair of the Cortland County Agricultural society will be held at Cortland, Aug. 28, 29, 30 and 31, 1900.

   —The quarterly union meeting of the young people's societies of several of the churches occur to-morrow evening at the First M. E. church at 5:30 o'clock.

   —Because of certain difficulties that arose suddenly this afternoon with our engine and the impossibility of repairs in time this edition is printed at the Democrat office through the courtesy of the editor of that paper.

   —There will be a union farewell service at the Congregational church at 7 o'clock to-morrow night for Rev. W. H. Pound, who then completes a pastorate of over seven years in Cortland. There will be no services at the First Baptist, First M. E. and Presbyterian churches.