Cortland Evening Standard, Tuesday, March 6, 1900.
TWO MRS. TRUCKS.
BOTH CLAIM DEFENDANT AS A HUSBAND.
Married Mary Adler Seventeen Years Ago and Deserted Her to go to Auburn Prison—Married Laura Chapman Seven Years Ago and Deserted Her to go to Jail—More Expert Testimony Concerning Condition of Miller's Body.
MONDAY AFTERNOON.
Long before 2 o'clock every seat in the courtroom was occupied, standing room was at a premium while the lower hall clear out to the doors was filled with people anxious to gain admittance. Many of those present were ladies. At this time an officer at the foot of the stairs would let no one go up except attorneys, witnesses, reporters and others who were essential to the trial.
Dr. Higgins was recalled to the stand for cross examination. In reply to Mr. Miller's questions he testified: In case burning in other parts of body caused death before fire reached unburned part of chest blisters might not have occurred upon chest and no line might be observed. Seems impossible to burn a man to death and have one part of body preserved intact. Should be surprised to find entire absence of blisters on breast even if protected, if life was in body when burning of body began. Blood almost always clots in blood vessels or wherever found in body almost immediately after death. If anything is in the back part of the mouth, liquid or solid, while a person attempts to draw air into lungs by breathing, the substance will invariably be drawn into the windpipe. Blood could not be drawn into air passage as found unless done in the way indicated while the person was alive. Blow to have caused fracture of occipital bone as found must probably [had] been struck at point of fracture at back of head. It must have been a severe blow. Fracture caused by waves of transmitted force usually cause fracture just opposite point of fracture. Know of no other way by which blood could have gone into trachea except by hemorrhages through back of mouth as indicated. Blood found in trachea came from fractures at front part of head. Probably only one blow delivered to cause fractures as found. Would expect top of man's head to be burned away and disappear. Direct blow upon back might have caused clot in kidney as well as strangulation. Know of nothing else that would cause such a clot in kidney. Person would ordinarily continue to live and organs would continue to act from twelve to thirty-six hours after having skull crushed.
Redirect examination—The free blood in chest cavity probably proceeded from blood vessels cut in a previous examination. Flesh on breast was covered with hair and hair was not burned away, therefore protected from flames, but skin, appeared toughened as though having been affected by heat. Suffocation is caused by failure to get air in the lungs and may be caused by anything that prevents air from entering the lungs. Suffocation would be caused within a few seconds or minutes by breathing in blood as found. It would be very unlikely that a person should swallow blood, as person in state of insensibility does not swallow, but does breathe involuntarily. First part of swallowing is voluntary action. After food has passed one set of muscles it goes forward involuntarily. All that I found might have been caused by one blow, or it might have been by two or three blows. Blow that caused fractures might have been struck above point of fracture. Direct blow would give more prospect of fracture at point of contact and on other side of skull than slanting below would. Nerve centers are so deeply placed that it is almost impossible for a blow on skull that would fracture skull to cause death immediately by shock to nerve centers. Insensibility follows first and death comes later.
At 4:20 Dr. Higgins left the stand having been under examination for almost four hours.
PROF. W. R. ORNDORFF.
Prof. W. R. Orndorff testified: I reside in Ithaca. I have been for twelve years first instructor and later professor of organic and physiological chemistry at Cornell university. I received from Dr. Higgins two specimens of dark colored material. One was in a bottle marked "alcohol," the other in a bottle marked "formalin." The material in both cases was marked "blood." I examined it to see if it was blood. There are three methods of determining this.
The first method is by the use of the microscope to determine if both red and white corpuscles are present. If both are present it is almost absolutely certain that it is blood. If it proves that both red and white corpuscles are there we measure the red corpuscles to determine their diameter. If the diameters fall within certain limits, it is positively human blood. I found that red corpuscles were in both the specimens submitted. The red corpuscles did not contain any nucleus, therefore it was the blood of some thing of the order of mammals. I then found that there were white corpuscles and that they had a nucleus, and that they were less in number than the red ones. I measured the diameters of the red corpuscles and on averaging the results concluded that what I found was not inconsistent with the theory that it was human blood.
The second test is what is known as the haemin test. When dried blood is heated with common salt and acetic acid certain crystals appear if the experiment is performed on a glass slide. These come from the red coloring matter of the blood. I took some of the substance from both specimens and examined the material under the microscope. I found haemin crystals in both. By comparing it with crystals from what was known to be blood and by the use of polarized light I found the crystals alike and was sure this was blood.
The third test was the spectroscopic test. Blood does not let light through it. When you pass light through a prism and get the spectrum or the light separated into its several colors, and then pass the spectrum through blood an absorption spectrum is the result. No other known substance gives an absorption spectrum like blood. The spectrum of the material was haemetin. I added to the solution a reducing agent and got reduced haemetin. A specimen like this could only be produced by blood. All three tests showed blood, and in all probability human blood. I am absolutely certain that it was mammalian blood. The only other test that could be made to determine positively that it was human blood was to measure the blood corpuscles. The blood submitted was in a dried or cooked condition and it is not as easy to measure the corpuscles of this as of fresh blood.
I examined the contents of a stomach given me under seal by Deputy Sheriff Shirley. I have the jar and the principal part of its contents here to-day. Witness here exhibited it, taking it out of a pail in which it was packed in ice, having been brought up from the cold storage in that condition. I have made a great many experiments with it, he continued. I examined it for the presence of starch and for products which result from the digestion of starch and starchy material. I found both tapioca starch and potato starch and positively identified these. I observed starch cells which seemed to be of wheat, but I could not be absolutely certain of these. They seemed to be more disintegrated than the others, having been acted upon more by the process of digestion. I analyzed the material to see how far digestion had proceeded and how much starch was left. I found that less than one-half of the starch food had been digested. Then I determined the amount of digestion of the proteins. To this class meat and the albuminous substances belong. I found very little that had been acted upon at all. Almost all of it was left unacted upon. An examination showed that little digestion of this class had taken place. It had only reached the first stage of digestion.
Starchy substances are digested by a ferment found in the stomach which converts it to sugar. This takes place immediately after the food reaches the stomach. It is done best in a [fairly] alkaline or acid solution; or in neutral solutions. Saliva is alkaline. Gastric juice is acid. No acid gets into food till some time after it gets into the stomach. The digestion of starch is generally completed in from one to two hours after the food is taken. The time varies with the amount of food, but ordinarily after an hour all the starch of an ordinary meal is digested. In this case less than half the starch had been digested.
I next tested for hydro-chloric acid. The stomach contains free hydro-chloric acid in from twenty minutes to two hours after food is taken. It ordinarily comes in about an hour. I found no hydro-chloric acid. This was a conclusive and satisfactory test. I tested by four methods and all showed the same result. I examined to determine if the ferment ptyalin and the ferment pepsin were present. Found neither.
All the digestion that had taken place could have come about in a healthy human stomach in one hour. If digestion was interfered with in any way it would even then under ordinary circumstances not be retarded over three hours. If the stomach were diseased digestion might be retarded.
Having thus examined chemically I examined to see what was the gross or ordinary appearance of the contents of stomach. The material consisted of the solid and semi-fluid material, and was thick, sticky, and glutinous. There were solid pieces of Irish potato from 1/4 to 1/2 inch in size. Pieces of pickle I recognized under the microscope. The material was so thick it had to be diluted with water from five to seven times before it could be filtered. It had the appearance of a meal subjected to digestive processes but a short time. The content of the stomach is always thick for one to one and one-half hours. From two and one-half to three hours it becomes of a milky consistency, thin. From its gross appearance I should say that digestion had proceeded from one to, at the outside, two hours.
A meal is ordinarily completely digested in from three to three and half hours after taking. By that I mean that it is so transformed as to make it impossible to tell from its outward appearance what it consisted of. In that time it passes out from the stomach into the small intestines.
I further examined the blood to see if it contained soot or any form of carbon that might-proceed from smoke or fire. I examined ten or twelve specimens from the bunch of blood given me, taking, them from different parts of the bunch, and 1 found none whatever in any of the specimens. Carbon is very easy to detect. The blood of people asphyxiated by coal gas or who die inside of burning buildings invariably contains carbon monoxide; none of this was found.
Cross examination—Prof. Orndorff was subjected to a lengthy cross examination, but did not alter his statements in any respect and nothing new that was material was brought out.
At 6 P.M. court adjourned till 9:30 Tuesday morning.
TUESDAY MORNING.
At 9:30 o'clock the courtroom was full of people. Promptly on time the jury filed into their seats; the sheriff and assistant came in with their arms full of the articles introduced in evidence, the clothing, the gun, whip, etc.; the prisoner entered attended by two officers and took his seat, and the clerk called the roll of the jury and the prisoner.
The prosecution sprung a surprise on the public this morning by introducing a new Mrs. John Truck, one might say the original Mrs. John Truck. Prosecution attempted to prove a matter by Laura Chapman, claimed to be the wife of defendant, and defense objected on the ground that it was a confidential matter between husband and wife. Sustained. Prosecution then asked witness to step aside for a little and called Mrs. John Truck who testified that she was the wife of the defendant, having been married to him seventeen years' ago, and never having been divorced. At the conclusion of her testimony as she resumed her seat she was the center of attraction among the ladies near her, who leaned forward to ask her questions and quite a buzz of conversation was kept up there for quite a time.
PROF. W. R. ORNDORFF.
Prof. Orndorff was first recalled to the stand and on direct examination said that if food is not well masticated it takes longer to digest. Starchy foods digest more rapidly than meats or albuminous foods.
WARREN GRIDLEY.
Warren Gridley testified: I reside in Cortland. I am employed in A. S. Brown's cold storage. March 24, 1899, the sheriff brought to me a small jar, a tin pail and can. I kept them under lock and key in the cooler.
SHERIFF BRAINARD.
Took earthen jar of butter, tin pail and can to cold storage in March. Delivered them to Mr. Gridley at cold storage. Sent can to Prof. Orndorff in October; the pail gave to Dr. Higgins about a week ago, and the butter jar I got yesterday.
OFFICER WILLIAM A. SHIRLEY.
Deputy Sheriff William A. Shirley testified: I reside in Homer. I took a package of something in an ice cream pail last fall from cold storage to Prof. Orndorff at Ithaca.
LAURA CHAPMAN.
Laura Chapman testified: I reside in Homer and up to March last lived with John Truck. I visited him in jail in March, 1899. I brought him a shirt and some tobacco. I also brought him some letter paper. It was probably a month before I was sworn before the grand jury. I brought him two sheets of paper, two envelopes and a pencil.
Cross examination—I am the wife of John Truck, was married to him several years ago.
Redirect examination—I shall be 25 years old in July. I have lived with him seven years. I brought him the paper wrapped up in a clean shirt.
MRS. JOHN TRUCK.
Mrs. John Truck testified: My name is Mary Truck. I reside in Utica, have done so for ten years; before that lived in Richfield Springs and before that at Syracuse. Before that was with John at Mr. Weingartner's and at Harley Cummings'. I was married to John Truck in Fayetteville about seventeen years ago. Lived with him a few months. He went to Auburn and that separated us. I didn't know where he was. Didn't know till the other day that he was living.
Cross examination—I am keeping house. Was married last Labor day. Have been married twice, to John and to this man. Don't know the name of the man who married us. So long ago I can't remember. I was working out then on Pompey hill for a man who was neighbor to the man John worked for. I am 37 years old.
John took me to this man who married us. Don't know whether the man who married me was a minister or a magistrate. My name was Mary Adler before I was married. My name now is Mrs. Lanz. I had gone by name of Mary Adler since John went to Auburn. When I lived with John I always went by his name. I lived with him about two months.
Redirect examination—Went by name of Mrs. Truck from time I was married to John till we separated. Then I resumed my father's name. A man married us. I never had a marriage certificate. Don't remember the form of the ceremony. John wanted me to go there to be married. We lived together as man and wife after that. I went by name of Mrs. Truck at Mr. Weingartner's and other places. I was never divorced from John nor he from me. We went with a horse and buggy to the village where we were married. John was working across the road from me at the time.
LAURA CHAPMAN.
Laura Chapman was recalled. The prosecution here asked if witness carried anything away from the jail with her after visiting Truck. Objected to by the defense as being a confidential matter between husband and wife. Sustained. Prosecution claimed that having shown existence of a former wife confidential relations could not exist between these two. The judge thought the evidence of a former wife shadowy. Prosecution claimed that the testimony of one of the parties to the marriage would be competent unless being disputed. This question was waived for the time, and the witness was asked if she posted two letters for Truck. Objected to on the same ground. The witness was then permitted to step aside till the competency of the evidence could be thoroughly determined.
DR. T. M. EMERY.
Dr. T. M. Emery was then called and testified: I am a practicing physician of Virgil. I assisted the coroner in a post mortem on March 15, 1899. I went to Harmon Sheerar's undertaking rooms. Found charred remains of some person. Extremities on left side partly gone, on right side more of extremities gone. Body all burned except a space on chest. Hair very abundant there. Skin looked darkened. No blisters. No red line. Not much affected by heat. Back part of head gone. Could determine that it was a male. Cut straight down from throat to abdomen, laid flesh back, removed sternum, exposed internal organs. There was a hole burned through right side showing liver. Part of liver charred and cooked. Lungs very dark. Heart and other organs natural. Only examined body that day to see if could find penetrating wounds from outside, like knife or bullet. Moved organs with my hand, but didn't detach any except heart. Found that healthy. Right ventricle was filled with blood. Coroner Smith was with me. Examination only lasted a half hour. Best of examination performed next day.
On second day further examination by Dr. Higgins in my presence and presence of District Attorney Duffey and Mr. Blodgett of Cortland STANDARD. Examined to see if epiphysis was still cartilage or bone. This was bony. Therefore man was over twenty years. Examined to see if upper and middle parts of sternum joined by cartilage. They were. Therefore man was not 60 years of age. Took stomach out, tying it. Thought stomach a little larger than normal, otherwise normal. Contents emptied into fruit jar. Contents seemed sticky or slimy. Examined with naked eye. Saw potato and pickle. Could distinguish nothing else with naked eye. Felt of intestines, found them comparatively empty. Took out kidneys. Found small clot of blood in right kidney. Partly cooked. Bladder opened. Tablespoonful of water in it.
Examined windpipe. Two inches of upper part filled with what looked like clotted blood. Next one and one-half inches contained some of same material. Found no traces of soot or smoke in windpipe.
Brain was shriveled. Jaws close together, tongue protruded. One of upper front teeth was gone. Saw jaw removed. Dr. Higgins afterward took it away. Found fractures on back side of head.
Think the person examined was dead before the fire got to body. No blisters on skin is one evidence. Windpipe filled with blood stopped respiration. Person couldn't breathe with windpipe so filled. Contents of stomach not much digested. No indications of death by fire. No soot or smoke in windpipe. Thought contents of stomach had been there from one and one-half to two and one-half hours.
Cross examination—The witness got pretty badly tangled up in some respects on the cross examination as between his direct testimony, his testimony before the coroner's inquest and his recollections.
Redirect examination—Am not able to distinguish in every respect between the three examinations in which I assisted.
DR. M. R. SMITH.
Dr. M. R. Smith was recalled and testified: As coroner I was called March 15, 1899, to take charge of the body of Frank W. Miller. Found numerous neighbors there. Body lay on old coat. On chest found part of overall bib with suspender straps and buckles. Beneath that was shirt, beneath that a wrapper. Drew a jury from by-standers and ordered body removed to Harmon Sheerar's undertaking rooms. I arrived at Miller's at 11 A. M. Sent body to Mr. Sheerar's at 1:30. Asked Dr. Emery to assist in post mortem. Made partial examination of body. The witness described the condition of the body is so much the same way as by Dr. Higgins on the previous day, and by Dr. Emery just preceding, that that portion of the testimony will not be repeated here. Witness testified that the skin on the breast looked like the skin of a dead man upon which hot water had been thrown, sort of shriveled. Found some blood in right side of heart, none in left side. Not as much blood in body as would be expected. Stomach was not opened at first examination to my knowledge. At a later time Dr. Higgins, Dr. Emery and I went to vault of cemetery and removed skull and examined for fractures. At this last examination we slit open intestines from where tied next stomach and examined. Nothing in them. Should expect severe hemorrhage from the fractures at the front. Should expect these fractures would prove fatal, but not necessarily fatal.
Cross examination—Found what seemed to be blood at edges of fractures of skull. Found the upper part of the skull in the cellar of the Miller house. It was in three pieces; largest about four inches in diameter. Irregular in form. Apparently the three pieces were not separated at the joints. I attempted to fit them together and to the skull, but they crumbled so easily that I couldn't do it. They crumbled into powder. They were wrapped up and sent to Mr. Sheerar's with body, completely crumbled to powder before reached that house. Ashes were not preserved.
Redirect examination—Parts of bones I found were merely fragments, not sufficient to complete the skull. At request of district attorney witness pressed upon bone of Miller's skull a little and a piece was readily broken off, showing absence of animal matter in them. Witness said he applied very little force to break it.
Cross examination—Bones of skull are more dense than most of the bones of the body. Brain was shriveled to size of a small sized fist. Was hard and seemed to crumble easily.
At 12:45 court took a recess till 2 P. M. Soon after noon many of the spectators began to leave the courtroom for their dinners, but just as fast as they went their places were taken by hosts of ladies who had come early to get seats for the afternoon session. In fact, the courtroom was full when court adjourned.
At 3:30 the prosecution rested its case and at 3:45 after a fifteen minutes recess, Attorney E. W. Hyatt began his opening for the defense.
THE VILLAGE BOARD.
LAST REGULAR SESSION OF THE PRESENT COMBINATION.
New York Belting and Packing Co. Said to be Unable to Fill Contract—Bills Audited.
The interest of the village board which met la regular session at the village clerk's office last evening seemed to center about the recent contracts calling for 1,000 feet of new hose for the fire department. As was stated recently in The STANDARD, these contracts were given the Eureka Fire Hose Co., and the New York Belting and Packing Co., each to furnish 500 feet with Eureka couplings, or as was stated in the contracts they were to be the same couplings as was displayed by the agent for the Eureka company. These are considered vastly superior to the common ring couplings. In fact, the officials here seem to want nothing but the Eureka.
Last night the clerk read a letter from the Belting and Packing company in which they desired the board to take another coupling, and offered liberal discounts if the offer was accepted. They also sent another contract for the board to sign calling for a different coupling.
Mr. Shearer, agent for the Eureka Co., came before the board and stated that it was impossible for the other company to get these couplings.
The board will do nothing in regard to the matter unless the Belting and Packing company fails to fill the contract.
The matter is creating a great deal of interest and there seems to be a great diversity of opinion among the officials and the firemen as to what will be the probable outcome of the matter.
The following bills were audited:
The report of Trustees Thompson and Sprague, as committee to settle with the treasurer and collector, was submitted and accepted. The report will be given at another time in The STANDARD.
The board then adjourned to meet Thursday evening to hear the official report of the sewer board.
The Storm Renewed.
A second installment of last week's storm struck Cortland last night. More snow fell and this time the snow was accompanied by more or less wind. Trains are again delayed and traffic is badly delayed. The electric cars were at a standstill for a time this morning and the McGraw line was tied up until 3 o'clock this afternoon. Trains from the south on the D., L. & W. have been nearly on time all day but the trains from the north have been delayed. The south bound passenger trains due in Cortland at 9:20 could not get through and did not arrive until after the noon train which was about twenty minutes late. Trains on the Lehigh Valley have been badly delayed and the Erie and Central had both engines stalled at Cincinnatus this morning.
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| Shotgun was advertised by Sears, Roebuck & Co. (Missing mailing address.) |
BREVITIES.
—The Wide Awake Literary club will meet with Mrs. R. D. McMillen, 8 Harrison-st., at 7:30 this evening.
—The Fortnightly club will meet with the Misses White, 58 Port Watson-st., to-morrow afternoon at 3:30 o'clock.
—New display advertisements to-day are—Smith & Beaudry, Wallpaper, page 7; Opera House, "The Sunshine of Paradise Alley," page 5; Mitchell & Strowbridge, "Mitch's Market," page 5.
—Talking about profit in poultry, an exchange tells of a farmer who gave his daughter two chickens and promised to feed the increase for four years provided she took care of them. She has $64 in the bank, 200 chickens that he is buying feed for, and it looks as if she would own the farm at the end of four years.
—The regular meeting of the W. C. T. U., which would occur to-day has been postponed until Wednesday, March 7, on account of county convention at Homer. Miss Libbie Robertson will lead the consecration service. Program will be given by Mrs. Mary Polley, superintendent of scientific temperance instruction.
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