 |
| Judge Albert H. Sewell. |
.jpg) |
| Attorney Edwin Duffey. |
Cortland Evening Standard, Wednesday, March 7, 1900.
TWO STRANGE LETTERS.
PURPORT TO BE A CONFESSION OF THE MILLER MURDER.
Signed by one William Beebe or William Bee—Mrs. Truck Mailed Two Letters from Her Husband in the Jail at Just About the Time These Letters Were Received—Defense Opens its Case.
TUESDAY AFTERNOON.
At 2 o'clock the courtroom was crammed with every aisle choked with people standing. Ladies formed the great preponderance of the audience.
LAURA CHAPMAN.
Laura Chapman was recalled. She testified: After I brought the writing paper to John I mailed two letters for him at the Cortland postoffice. Objected to by defense on ground of confidential relations existing between husband and wife. Overruled by court. Exception taken by defense. I put postage stamps upon them and posted them. It was in the spring, before the grand jury that indicted Truck.
MRS. ELIZABETH MILLER.
Mrs. Miller recalled, testified: My son was a little hard of hearing, and was so the last time I saw him.
EDWARD BLOOMER.
Edward Bloomer recalled, testified: Frank W. Miller was a little hard of hearing before his death.
NICHOLAS H. WINTERS.
Nicholas H. Winters testified: I reside in Cortland. I know John Truck. Have seen his writing. Witness was shown two documents. One, he said, was signed by John Truck in my presence in my house. I know it to be his signature. The other was another document also signed by John Truck in witness' presence. Witness was shown two other specimens of writing and swore that in his opinion they were in Truck's handwriting. Shown other specimens of writing and swore they were Truck's writing in his opinion.
RICHARD SEVENOAKS.
Richard Sevenoaks was sworn. He was shown a paper containing handwriting and said he had seen it before. I know John Truck. He wrote his name on the paper shown me in my presence. It is his signature, executed in my presence.
Cross examination—This paper was signed in Mr. Hobart's house. He was in a sleigh that was struck by a snowplow on the D., L. & W. R. R. I was sent by the railroad company to settle the matter with him.
SETH HOBART.
Seth Hobart testified: I reside in Preble. In 1893 I was a notary public of this county. I have seen the paper shown me. I saw the signature upon it made by John Truck in my presence. The two signatures of Truck upon this paper were both signed by Truck at the same time.
MRS. GEORGE STEVENS.
Mrs. George Stevens testified: I reside in Cortlandville. Witness was shown a property note and a chattel mortgage and said I recognize both signatures as those of John Truck. They were made in my presence. Truck worked for Mr. Stevens at the time they were made.
J. W. FASSETT.
J. W. Fassett testified: I reside in Homer. I have employed John Truck. I used to pay him by check. I have seen Truck write his name. Witness was here shown one of his own checks made payable to John Truck. He said that in his opinion the endorsement was in the writing of John Truck, though he had not seen any one write it. Witness was shown a letter and said I received this in my mail on May 6 or 7, 1899. There was a request in it to give it to Mr. Hyatt, and I gave it to him. I have no doubt as to the handwriting. I think it is Truck's handwriting.
EDWARD ALLEY.
Edward Alley testified: I reside in Cortland, and have been cashier of the First National bank for eleven years. I have often had occasion to examine signatures to pass upon their genuineness. Witness was shown a series of papers introduced in evidence. Assuming that certain of them sworn by others to be genuine are genuine I should say that certain others were also written by Truck. I should say that the same hand wrote all.
HERBERT L. SMITH.
Herbert L. Smith testified: I reside in Cortland and have been cashier of the Second National bank for a little over two years; have been employed in the bank for twelve years prior to that. I have been accustomed to examine signatures to ascertain genuineness. Witness was shown a series of papers introduced in evidence. Assuming that certain of them sworn by others to be genuine are genuine I should say that certain others are also written by Truck. I should say that the same hand wrote all.
WILLIAM H. WITTY.
William B. Witty testified: I reside between Blodgett Mills and Frank W. Miller's. I am a brother-in-law of Miller. Witness was shown a letter and its envelope and said I have seen them before. I received them in the mail early in May. Next day I delivered them to the sheriff and district attorney in Cortland. I formerly used to know William Beebe. He used to live with Frank Miller. It was two or three years ago. Don't know where he is now. Don't know where he came from or where went. He was there at Miller's about two weeks, I saw him while he was there. Truck lived on the Winters' place in the neighborhood at that time.
By way of explanation it may be said right here that the letter which Mr. Witty received and concerning which he testified above was what purported to be a confession written by one William Bee or William Beebe that he killed Frank W. Miller and that he overheard the conversation between Miller and Truck in regard to the sale of the horse and wagon and saw the transfer of $75 from Truck to Miller and then after Truck had started for home he killed Miller to secure the money, and set fire to the house. This letter bears the post mark ''Cortland, N. Y., 5:30 P. M., May 6, 1899," and bears on its reverse side the receiving stamp ''Blodgett Mills, N. Y., 6 P. M., May 6, 1899." The letter was addressed to "Mr. William Wity, Blodg Mils, Cortland Co., N. Y." The letter which was introduced in evidence by the prosecution was as follows:
March 14, 1899.
MR. WILLIAM WITY
i Want say to you on the night Miler Was kill i Was dar and i hard the conver betwen Miler and Truck and Truck sad to miler What Will yer take for the rige Just as It Stand and miler sad to Truck what will you give for the rige and Truck sad to miler I Will give you $75.00 dollers fer the rige and Miler sad that you have bout it and Truck put his hand in his pouket and hand the money to Miler and sad to Truck com in the house and thay bout went to geter to the house and thert is jest as true as this letter and whan Truck drove a Way i sad to my saf I Will fix him and so i did and i kill the cus and i take monyi went in is trunk and i fund too moargs in it one morges $1500 hunder and the outr one $1100 morgers Was ganest Whay Spencer and i take the mony out of the trunk and i did dis all and i dont Want any you peple to think that Truck kill miler for he did not kill him i kill him my Salf and i doont Sumbody to sfer for me this tstomny troue and this is the resen I rote thes letters and If catch me William Bee
Another letter written in the same handwriting and upon exactly similar paper and enclosed in a similar envelope was also posted at the Cortland postoffice on the same day and so near the same hour that it bore the same post mark: "Cortland, N. Y., 5:30 P. M., May 6, 1899." This letter was addressed to "Mr. Joub fateet, homer, Cortland Co., N. Y." It was received at the Homer postoffice and bore the receiving stamp "Homer, N. Y., 6 A. M., May 7, 1899." It was delivered to Mr. J. W. Fassett, the man for whom Truck formerly worked and the letter enclosed was as follows:
March 14, 1899
Mr fosett tuk this letter to Truck councls on the night that Miler was kill I was head and heard them tulk abut the horse and wagon and Truck sad i giv you $75.00 dlers for the rige and Miler sad that a barg and Truck puled his mouney out and handit to miler and miler sad to Truck com in the house and give you change and the too went to the house to geter and that just is truere as you read this letter that Truck did not kill Miler i kill him and funed in his trunk too morges one morges $1500 hunder dulers and the and one $1100 hunder and i rote William Weity letter thay was geantee Wayn Spencer and i fund sum money in the trunk and i took holl [biseis] and i seat the house on fire now I will tell how i com to do this avery time i ask miler to pay me he would say get if you can and sad to my self I will kill him and this statement is trou that Truck did not kill miler I kill him my sailf and I want the pepl to know that Truck is not gilty that i dun and this reas i roat this letter I dont want aney one to sufer for what l doun I kill the sombish my sallf Will h beeby.
Enclosed in the same envelope on a separate piece of paper of small size appeared the following note: this is just as you read the letter that wa watch Truck drive way I went at him and I kill him for I telel you that Truck did not kill miler and if thay chatch me you Will fined out houll ferd the man that kill miler.
Mr. Fassett at once took the letter to Mr. Hyatt and it has remained in his possession and that of his counsel till yesterday when it was asked for by Mr. Duffey and was then handed out and introduced in evidence, the prosecution having heard of its existence in some way. Mr. Witty delivered his letter into the hands of the district attorney and sheriff on the day after receiving it. It is noticeable that these two letters were both dated March 14, the date of the murder, and that both were posted on May 6, nearly two months afterward.
The idea of the prosecution is of course to establish the fact that these two letters which are post marked just alike and apparently written on similar paper in the same handwriting are the two letters which Laura Chapman Truck says she posted for Truck from the jail one day in the spring.
Mr. Duffey had had the Witty letter photographed and a copy of the photograph was put into the hands of each juror. The Fassett letter was last night photographed and to-day the jurors each had a copy of that.
During the time that these letters were being read and examined Truck slid down very low in his chair and appeared more nervous than at any time during the trial.
Only one other witness was called by the prosecution.
EDWARD LEACH.
Edward Leach recalled, testified: I am the postmaster at Blodgett Mills. I know Wayland Spencer. I have heard him called "Way."
At 3:30 o'clock the prosecution rested its case. A fifteen minute recess was taken and at 3:45 the defense was begun.
E. W. HYATT OPENS DEFENSE.
Mr. Hyatt made a very pleasing and able opening for the defense. He spoke for fifty-seven minutes holding the undivided attention of all. He began by saying that the case came to himself and his colleague, unsought for, but that having been assigned by the court to defend Truck, he could do no less than do it as well as possible. But before he had gone far upon the case he had become convinced that the defendant was wholly unaccountable for his actions. The defense of insanity was not a plan caught up as a last resort in a desperate and extreme case. Knowledge of the condition of the man had come from various channels since they had begun upon the case, It would be wrong to interpose any defense except a just and meritorious one, and one entitled to the jury's greatest consideration. Whatever the defense and whoever the defendant that defendant is at all times entitled to the benefit of a reasonable doubt.
It is needless to say, remarked Mr. Hyatt, that the defense is to be insanity. Without doubt the body found in that burning building was that of Frank W. Miller. Without doubt the articles identified before the jury were the property of Frank W. Miller. What took place that night is simply a matter of speculation or theory. Miller was never seen alive again after he left his mother's by a party who can tell what he saw. No one saw Truck between the time he passed Lanpher's barn till he was seen in the road below Darius Allen's driving toward Virgil. The lips of one who might tell what happened are sealed in death. The lips of the other who might tell are sealed by a blight. We cannot tell why, by what reason. We only know that the only man who could give the history of that night is rendered by a dispensation of Providence in such a condition that he cannot tell. The evidence in the case has been brought out by the district attorney in a most masterly way. Every detail is covered and every link in the chain of circumstantial evidence is there in its proper place. The defendant sits before you unable to assist his counsel in the preparation of his case; unable to make the first suggestion as to what defense should be undertaken—a man as helpless as a baby, unable to give the least idea of his whereabouts on that night. People have all his life been convinced that there was something queer about him; that he was not just right. This has convinced us that there is insanity in the defendant.
Mr. Hyatt than devoted some time to a discussion of insanity in its various phases and as to the manner in which the jury should consider such a defense. He concluded by a lengthy sketch of the life of the defendant. As this will doubtless all be brought out in the evidence that follows no further reference will be made to it now.
During Mr. Hyatt's address Truck sat quite unmoved. Over by the jury was his half-sister, Mrs. Sophia A. Wheeler, of South New Haven, Oswego county, who at times seemed convulsed with grief and sobbed bitterly. At about an equal distance from both of them sat Mrs. John Truck, No. 2, she was utterly unmoved and seemed all the time to be studying Truck to see how he was taking it, while she gazed curiously at times at the sister as if wondering why she wept. Mrs. Truck gave her testimony while on the stand earlier in the day as though it was concerning a person in whom she had no particular interest.
The first witness for the defense was Edward D. Blodgett of The Cortland STANDARD who was merely called to answer a question in regard to the testimony of one of the witnesses for the prosecution and was then excused.
MRS. SOPHIA A. WHEELER.
Mrs. Sophia A. Wheeler testified: I am a half sister of John Truck. I reside at South New Haven, Oswego Co.. N. Y. My father's name is Philip Truck. He now lives with me. I am 35 years old. John is eleven years older. As a little girl I resided in Otisco, Onondaga county. It was very hard for John to learn in school. Though so much older he was in my classes. He stopped going to school when 15 or 16 years old. My mother once struck John over the head with a potato hook and knocked him senseless. He lay on the ground for a time and then mother picked him up, carried him into the house, bathed and bandaged his head. He was all right next day. Father struck him over the head with a tug. The iron key in the end of the tug hit him and made the scar which he has on his head still. He was knocked insensible by that blow. He was frequently hit over the head. Mother died twenty-three years ago. Our family was then broken up. There were nine of us children. John and I then went to live with the family of Henry Outt, a neighbor. We were there three years. John used to go away without saying a word of his intentions. He once went off while plowing and left the horses hitched to the fence in the field. Was gone three months. He was then in Fayetteville. He went away other times like that and would be gone from three to seven months at a time. He would tell us great stories, saying that he had bought Mr. Outt's farm or his horses when he had not done so. After three years at Mr. Outt's I went to John Smith's to work and John went off threshing. He would hire out April 1, would work five or six months and go away suddenly without collecting his wages. When he had money he would spend it as soon as possible. Some times he took pride in his dress. Then he would put on good clothes and would wear them in threshing or in drawing manure, and they would quickly be soiled.
Some times he would refuse to talk to me. His eyes would glare. He would sit with his elbows on his knees on his head in his hands. This did not occur often. He used to talk to himself in the night. One night we younger children who slept in a room next his got afraid of him and had to go to another room.
Father now lives with me. He is 82 years old. He is queer. He gets up from bed, picks up all his bedding and throws it out on the sittingroom floor. He offers to sell me fertilizer for 40 cents a load if I will draw it, and he hasn't any to sell. He asks if I am going to husk corn that day as he wants to get a job. He inquires for mother and where she is, and she has been dead for years. He can't remember to-morrow the conversation of to-day. His physical strength has been failing for fifteen years. I haven't seen much of John for the past sixteen years.
Cross examination—The cross examination by Mr. Duffey had been in progress for a half hour when at 6:20 court adjourned till this morning. Mr. Duffey had asked where witness had lived and how long her father had lived with her, and she got a little mixed on figures and dates. He inquired about John's sudden departures and returns from and to Mr. Outt's and other places, and just at the last the witness' feelings so overcame her that she burst into a flood of tears and turned her face from the jury and the questioner to the sympathizing countenance of Stenographer Rose and laid her head down on his desk. It was at this time that the judge announced an adjournment.
WEDNESDAY MORNING.
When court opened this morning the courtroom was crowded as usual. Mrs. Wheeler was recalled to the stand and the cross examination by Mr. Duffey was resumed. Witness testified that she was married in the fall of 1885. She testified positively that Truck called upon her at the Kingsley House in Syracuse where she was working in the spring of 1885, the spring before the fall in which she was married. She could positively swear to that. Mr. Duffey then inquired if she did not know that John was elsewhere in that spring of 1885, referring without naming it to his [incarceration] in Auburn prison for upwards of three years for stealing a cow in Onondaga county. As a matter of court record Truck was sentenced to Auburn prison for three years on Jan. 29, 1884, and had been in jail for several weeks before that. He earned his good behavior, so that he was in prison two years and four months from Jan. 29, 1884. The court refused to permit him to bring out any reference to that transaction, as it might prejudice their case, but finding that it was simply a question of dates and the credibility of the witness permitted the occurrence to be referred to without naming it. Witness testified that she could not remember when the occurrence came about, but that when it did occur she was working at Mr. Charles Morgan's in Cardiff. She finally thought that it was in the fall of 1883 that the occurrence came about. John was then working about two miles from her. She was positive, however, that it, was in the spring of 1885 that John called upon her in Syracuse. She knew it by the fact that she was married that fall.
Witness testified that John used to run away from home at intervals before his mother struck him with the potato hook. Then she qualified by saying that these absences were only for a day or two at a time and that he then went to the homes of his relatives. She denied that she had stated on her direct examination that the cause of this blow was John's return from a month's absence, or said that if she did say so it was because she was nervous and excited.
Mrs. Wheeler was on the stand this morning upwards of an hour and a half. It was a hard place for her, considering her relationship to the defendant, and several times she broke down completely and wept bitterly. The district attorney was very considerate in his manner of questioning, but in a number of instances she had difficulty in reconciling her statements, as her memory she acknowledged was not very sure concerning some things.
JOHN LUCID.
John Lucid testified: I have resided all my life, thirty-five years, in Otisco. I have always known John Truck. He lived near us when I was a boy. Haven't known much of him for perhaps fifteen years. Part of his boyhood days he lived on my father's farm. I went to school with him. He is probably 7 or 8 years older than I. We were in school together two or three terms. I was 5 or 6 or 7 years old then. I should say that he was a dull student. Did not get beyond lowest classes in school. It was hard keeping him in school. He was determined to run away from school. He used to associate with boys much younger than himself. Came to our home one time when he was about 20 years old and asked what my father paid for our farm. I told him $5,000. He asked what we would sell the farm for. I told him. He said he would take the farm. He had the money in the bank to pay for it and if we would go to a bank at Syracuse with him he would close the deal. He was excited when be talked with us about it. At another time he said he had bought a threshing outfit and wanted to do our threshing. He wanted to buy a horse. I didn't know whether he had a machine. He solicited threshing from other neighbors. He worked more or less with thrashing machines for other people. I remember his telling things, afterward denying them and afterward telling them over again. At times he was sociable and would talk freely. Next day it was almost impossible to get a direct answer from him. He would act despondent. These occasions grew more frequent in his later years as I saw him. Didn't stay with a farmer but a short time. Would hire out for seven or eight months and would go off in the midst of the time. Knew of one instance when he went off without making any settlement. Was gone for several months.
As a question of authority as to the competency of a question and its answer now arose witness was permitted to step aside for the time without the completion of his direct examination.
TIMOTHY BURKE.
Timothy Burke testified: I have resided in Otisco twenty-seven years. Have known John Truck. He and his brother came to my place to buy a sheep. I asked $4 for it. They thought they should buy it for $3.50. The sheep bunted the brother. John stepped rapidly aside, clapped his hands and laughed. When he worked for men he didn't stay long in a place. When he came to my place it was hard to catch his eyes. They jerked. Seemed to consider himself wealthy and claimed to own property in the neighborhood. I knew he didn't own it.
JOHN LUCID.
Mr. Burke at this point stepped aside and John Lucid was recalled. Defendant's counsel asked him "from what you saw and from what you heard upon the occasions you have described did the defendant impress you as rational or irrational?" Objected to by prosecution as incompetent for a lay witness to answer, not being an expert. Objection sustained. Defense took an exception. In reply to further question witness said Truck's actions struck him as irrational.
Cross examination—Assuming that Truck had the money to buy our farm or could borrow it there was nothing irrational in his questions in reference to buying it. Assuming that Truck had bought a thresher or had rented one or could rent one there was nothing irrational in his questions in reference to doing our threshing. What impressed me as irrational was the fact that he claimed to have a thresher when I was sure he hadn't one, in other words what impressed me as irrational was the fact that he lied and I was confident that he was lying.
Re-direct examination—I was impressed from all the facts that I knew concerning him that Truck was irrational.
Re-cross examination—All the facts which caused me to characterize Truck's acts as irrational I have mentioned. He might have been sent to father by someone else to see about buying the farm. I don't know of my own knowledge that he was not sent out by some one owning or controlling a threshing machine to solicit threshing.
CHARLES PURCHAS.
Charles Purchas testified: I reside in Spafford, Onondaga county. Have lived there fifty years. Charles Blunden pressed hay there in fall of 1898. John Truck was with him then. I had a year's crop of hay, unsold, baled and piled up in barn. New crop of hay when baled had to be piled on top of 1897 crop. Five hay balers. One was employed in drawing water, etc. When Truck was off baling duty for that purpose he went and sat down on the stairs in my way where we were going up to pile up the hay. He wouldn't get out of the way. Neither of us spoke about the matter. Mr. Blunden came in and requested Truck to go to work around the bales and that got him out of my way without trouble. Struck me as being unreasonable for a man to do that.
At 12:30 recessed till 2 P. M.
When the adjournment was announced less than half the audience left their seats except possibly to change for more desirable ones, but the majority, being ladies, opened their lunch baskets and took their dinner there. This trial is a genuine picnic occasion.
Thomas Has Lost His Teeth.
Our well-known townsman, Mr. Thomas Howard, recently had the misfortune to lose the upper plate of his set of teeth. This, he says, not only interferes seriously with his power of mastication, but also with his power of oratory. Any one finding this article which is so necessary to Thomas' physical welfare, will confer a great favor by leaving the same at the Standard office.
 |
| Black Diamond Express. Notice double track on Lehigh Valley R. R. main route. |
ANOTHER FAST RUN
By the Black Diamond Express on the Lehigh Valley Railroad.
On Feb. 12 train No. 9, Engineer Farley, Engine No. 670, left Sayre 7:03 P. M., passed Hinman 7:34 P. M., Geneva Junction, 8:10 P. M., and arrived at Geneva 8:11 P. M.; left Geneva 8:15 P. M., arriving Manchester 8:32 P. M., making the run from Hinman to Geneva, forty-five miles, in thirty-seven minutes.
A Sudden Death.
Mrs. H. L. Yates died very suddenly at her home, 12 Park-st., Cortland, last evening at about 9 o'clock. Aside from a slight cold Mrs. Yates was in her usual health. A short time before her death she went upstairs to her room but returned to the living rooms where her husband was and complained of a severe pain in her head. She then took a step forward toward the sink, when she fell backward dead. Mrs. Yates was never troubled with any form of heart difficulty, and her death was due to a clot of blood in the heart.
Deceased was born in Glen, Montgomery Co., N. Y., and was a daughter of C. W. Lansing of that place. Here she lived till she married Mr. H. L. Yates who survives her. She is also survived by an only child, Olive Lydia Yates, by a brother, Abram C. Lansing of Johnstown, N. Y., and by two sisters, Mrs. Miriam Emery .and Mrs. Annie Minkler, both of Nyack on the Hudson. Mrs. Minkler is spending some time here and was at the house when the death occurred.
The funeral services will be held at the house Friday, March 9, at 11 o'clock.
BREVITIES.
—New display advertisements to-day are —The Model, Spring top coats, page 8.
—A regular meeting of the board of governors of C. A. A. is called for this evening at 9 o'clock in C. A. A. parlors.
—The STANDARD would be glad to take a few bushels of oats on subscription from some of our subscribers. First come, first served.
—The monthly business meeting and social of the Y. P. S. C. E. of the First Baptist church will be held at the residence of W. W. Bennett, 42 North Church-st., this evening.
—There will be a cabinet meeting of the Epworth league of the First M. E. church this evening at 7 o'clock. It is desired that all members be present. Meeting in church parlors.
—At about 6 o'clock last evening Manager Wallace of the Opera House received word that the "Muldoon's Picnic" people would be unable to meet their engagement last night, consequently the engagement was cancelled.
—We publish again to-day on another page the table giving a comparative statement of expenses under the present village charter and under the proposed city charter. It is possible that some may have failed the other day to read it carefully. It is very convincing and should be read with care.
No comments:
Post a Comment