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| New York Supreme Court Judge Albert H. Sewell. |
Cortland Evening Standard, Thursday, March 8, 1900.
WAS TRUCK IRRATIONAL?
WITNESSES FOR DEFENSE TELL OF HIS ACTIONS.
How He Fixed locomotive Flues Without Stopping Train—Told Ono Man He Could Neither Read nor Write—Other Stories.
WEDNESDAY AFTERNOON.
Timothy Burke was first recalled to the stand. He testified on direct examination: He acted nervous. When he was feeding a threshing machine his eyes were constantly watching all things around him. Sometimes more excitable than at other times. Fed his threshing machine with a jerk. All of this was eighteen or twenty years ago. These acts impressed me as being irrational.
Cross examination—Feeding is the most difficult work around a threshing machine for the threshers. It requires a quick and active man, especially if machine runs rapidly. The district attorney inquired if the "hay" was not coming fast enough would a feeder not be nervous and active reaching for more? At the word "hay" an audible smile ran over the courtroom, jury and spectators, especially the ladies, laughing heartily while even the court smiled. The district attorney also joined in the laugh at his expense as be bowed toward the audience and changed his material for threshing from hay to oats. The witness thought the feeder might well be nervous if oats did not come fast enough.
In regard to the sheep matter previously referred to there was nothing irrational in his trying to buy a $4 sheep for $3.50. There was nothing irrational in his running away from the bunting sheep under the circumstances. He seemed pleased at his brother's mishap. I thought he seemed too much pleased at his brother being bunted. They bought the sheep and paid for it at my price, $4.
ALBERT BENJAMIN.
Albert Benjamin testified: I reside in Tully Valley, Onondaga county. John Truck worked for me twelve years ago. March 1 he hired out for eight months. After working two months he disappeared one Saturday night. He had taken part of his wages and left without collecting the rest. Next saw him eighteen months after that. Gave no warning in advance that he was thinking of going away.
Cross examination—I was paying him $20 per month. I had paid him $20 and he left about $20 back unpaid when he went away. I considered him a good worker. He satisfied me. I paid him the balance eighteen months afterward when he came back again.
Redirect examination—When he came back he asked me to pay him $18, said he would take $18 and call it square. The full amount due was $20. I paid him $18.
GEORGE NODINE.
George Nodine testified: I reside in Scott. I met Mr. Truck in Homer. I asked him if Mr. Blunden was at home. I had hay to sell. I knew Mr. Blunden was pressing for Mr. Fassett. Truck said Mr. Blunden was not at home, but there was no use in my going there for he said he himself was buying for Mr. Fassett. He would give me $3.50 per ton for the hay. I told him I could not sell for that. He said that was all they were paying for the best. He acted to me as though he was doing business for Mr. Fassett. He stepped around pretty lively and acted nervous. That remark impressed me as being irrational.
Cross examination—This was a year ago last winter. Hay was low. It was then bringing $5 per ton at hay barn. I did not know that Truck had or had not bought hay for Mr. Fassett or Mr. Blunden. I knew he worked for Mr. Blunden. The only thing irrational to me about his wanting to buy hay for $3.50 per ton was that I thought he was not empowered to buy hay, in other words I thought he was lying to me.
EDWARD GARDNER.
Edward Gardner testified: I reside in Otisco. I knew Truck twenty or twenty-five years ago. I never had much conversation with him. I often passed him in the road and passed the time of day with him. Sometimes he would speak cheerfully; sometimes he would go by with head down and not speak. He usually did not stay long in a place.
SHERMAN B. MORGAN.
Sherman B. Morgan testified: I reside half way between Tully Valley and Cardiff. My wife is a sister of the defendant. She is home caring for our sick infant. She was subpoenaed. I have known John Truck since June or July, 1880. Up to twelve years ago I used to see him often. He used to stop at our house frequently. First time I ever saw him I had been to Syracuse. When I got home there was a strange horse in the barn. He came in to the barn where I was unhitching and called my attention to the horse. He said it was his horse and he had a mate to it. I afterward learned that he hadn't any horse.
In fall of same season Truck told me he had bought a threshing machine. He was looking up jobs and if he could get enough to do in our vicinity he would move down there. Afterward I found that he didn't own a machine. He would stay at our house from one day to six weeks. He always worked enough to pay for his board, sometimes more. Mr. Everingham paid him $15 one Tuesday night. Wednesday night he didn't have a cent of it. Very seldom did he have money, but if he did he spent it quickly.
Hired out to me one winter when was drawing wood. Said he would help me. Told me to give him what I wanted to. He wanted enough to buy tobacco. I said I would give him 25 cents per day. He worked nine days. He left without warning at about 10 o'clock one evening. Said he was going down to Weingartner's for a little time and would be back next day. Weingartner's was nearly fifteen miles from there. It was over a year before I saw him next. Once he told me he had two head of cattle. He didn't have them. After I got acquainted with him I didn't pay much attention [to] what he did tell me. Some times he would tell me about buying horses, cattle, farms, threshing machines, etc., sometimes he would say very little. Winter of 1887-88 he spent with me. Didn't notice that spells of being uncommunicative [were] more frequent. He acts thus. Described impressed me as not being rational.
Cross examination—Witness testified that as a matter of fact the chief things irrational about Truck's acts as it appeared to him were that he was lying.
Redirect examination—There [were] also other things besides the lying that made him feel that these acts were irrational.
CHARLES BLUNDEN.
Charles Blunden testified: I reside in Homer. I am a hay presser and farmer. I have known John Truck since 1898; have known of him for ten years. I press hay for J. W. Fassett. Truck never bought hay for me. I never sent him out to buy hay. I don't know that he bought hay for any one. I was there most of the time with my machine and saw Truck daily. He would say of horses, "I asked the horses if they had been watered and they said they hadn't." Same about grain. He would get into arguments with the men claiming the horses hadn't been watered if they said they had not been. He would then water them again. This occurred two or three times. He was different on different days. Would be cheerful and talkative. At other times seemed stupid. On talkative days he would tell of farms owned and property owned. Told me he had owned farms and threshing machine in Otisco. On these days he acted wild. His eyes would move around rapidly. Seemed excited. On other days would talk little, but always obeyed orders. Acted dull. His head hung down. Always did his work well with but one exception. He dropped the follower in the press on that one occasion. He let it down flat and it broke. We handed him another and he dropped and broke three in succession. I spoke to him about it after he had dropped the second one. Dull days came once in two or three days or two or three weeks. Eyes looked glassy sometimes. Sometimes one couldn't catch his eyes. Sent him after a tank of water once. He went across the main creek twice, went down into swamp a quarter of a mile beyond. Got his water. I spoke to him about not getting it at the creek bridge. He said he didn't see any creek. He said his head roared. Several times I heard him complain of having a roaring like a train of cars in his head. Have heard him tell a thing, deny it and afterwards tell again. Once he said he had raised 1,000 chickens. Next day said he had never raised any chickens, afterward he told again that he had raised 1,000 chickens. Sometimes he didn't tell his stories twice alike. Once when the help and I went into dinner at Mr. Purchas' he hung back and cut off eight or nine feet of the stab board. I don't think that was one of his dull days. John would never ride on the engine, said the noise of the exhaust would hurt his head and make it ache. Once he claimed he was riding on a railroad locomotive. One of the [flues] sprung a leak. He told the engineer to bank his fires and he would fix it. The fires were banked and John said he crawled into the firebox and fixed the flue and the train never stopped. I have heard John tell the story a half dozen times.
As this story was told the audience laughed and Truck himself smiled broadly, seemingly enjoying the story and swinging his foot back and forth, his one leg was crossed over the other.
The question was then asked if these acts impressed the witness as being rational or irrational. The answer was that if he must say one or the other he should say irrational.
Cross examination by Mr. Kellogg. Truck worked for me eighty or ninety days at this time. He worked for me the Saturday before this transaction. When we baled hay he was sort of general chore boy. He got the water, weighed the bales, entered the weights in a book and [on tag] which he attached to the bale. So far as I know Truck did this accurately and correctly with one exception. Once I noticed one bale tag marked differently from weight on book. His other work was always performed correctly and well except the one time when he broke the followers. It is not an unusual thing to drop a follower, I have done it myself. The second time I spoke to him about it; the third time I was angry and talked pretty rough to him. He never looked up much and didn't say anything. I paid him full wages for a full day's work, same as I paid others. He fed hay into press sometimes. He did it well. Some days I don't feel as well as on others; I don’t feel as communicative; on some of these days I am more cross about my work than on others; I don't consider that irrational in myself; I don't think l am crazy.
I had a large and expensive team. Truck was in charge of them. He was more fond of them than the other men. He petted the horses considerably and watched over them. Sometimes he accused the men of not taking proper care of them. I don't know that he knew that they had been fed or watered then by the other men.
It was the year before he worked for me that he had run a threshing machine for Mr. Winters, and he may have referred to that when he spoke of his threshing machine. Truck was simply a great bragger. He told bigger stories than the other fellows. (Truck grinned at this.) I didn't believe his stories after I got acquainted with him. I thought they were lies. About the fire box story I think he had told the story so many times that he partly believed it himself.
I joked Truck about his chicken story and the rest of the help joked him some too, and he finally denied that he had ever told that he had ever raised chickens. He did his work just as well on the days he talked less as on the other days. The only difference was that he was less cheerful. I was a little doubtful about characterizing his acts as rational or irrational. If I have to characterize it as one or the other I should probably call it irrational.
Redirect examination—I shouldn't call the man raving crazy, but I think his acts might be called irrational. His work was not regularly to weigh hay and tag it. I don't know that all his weights were correct with the exception of the one noticed. There may have been other cases of incorrectness not noticed. He worked a little better when praised.
JOSEPH W. FASSETT.
Joseph W. Fassett testified: I reside in Homer, and deal in produce. I have known John Truck. He worked for me part of the time. He began work for me in fall of 1893, worked nearly all winter. Has worked for me at intervals since. He would be dull, uncommunicative at times. At other times would be talkative. Did not seem excited in his talk. Don't know that I ever heard him repeat his stories or contradict himself. He once told me of his shooting a man. Said he went to a place to get a drink of cider where he had been accustomed to go. They got into an altercation and he put a charge of shot into his legs. I didn't open the conversation at that time. Don't remember any other occasions of such stories. Don't know that these changes from dullness to talkativeness increased with age. He fails to look a man squarely in the face. He was a dirty fellow when he worked for me. The boys complained about his being dirty. They told him that unless he cleaned himself up they would give him a bath. I said I would furnish the soap. He did come cleaner the next morning. He didn't need any invitation to talk on his talkative days. I should say that these acts impressed me as being irrational.
Cross examination—He worked in pressing hay. The men changed around. He took his turn in doing all the work. I preferred not to have him weigh the hay, but he may have done so. He weighed potatoes one day. I paid for them by his weights. Truck was a good workman and obeyed instructions. He was faithful in his work. I don't remember that he ever failed to carry out instructions. Am under impression that Truck told me that the man who refused him cider threw stones at him and that he shot him in the leg. I think he told me he was sent to Auburn prison for this. I don't know but that the story is true. I sent an ensilage cutter out through the vicinity. He went as one of the two men in charge of the machine. He run the engine part of the time. He was certainly out one fall like this. He may have been out several falls in this way. Can't tell whether this was before the acts and conversations, which I call irrational. I have an engine in hay barn in Homer and he has fired that several times. Several men were working there, none of them especially charged with the engine. I considered them all capable of running the engine. Truck has taken his turn at it.
Redirect examination—At the jail after he was arrested I asked him "John, when are you going to get out to help me press hay," and he replied that he hoped he would get out soon and he said "I can do that kind of work. I never had any education and can't read or write and many kinds of work I can't do, but I can do this work.'' This was soon after he was indicted by the grand jury.
Recross examination—I had received a letter from John before that time when he said he couldn't read or write. The letter referred to is the one signed William Beebe which has been offered in evidence and which I am convinced that he wrote. I had seen him read and write a great many times before.
At 6:15 court adjourned till 9:30 Thursday morning.
THURSDAY MORNING.
Before 8 o'clock this morning the courtroom was full of spectators who had come early to secure seats. The majority of them stayed all day, not going out for noon. Yesterday 103 by actual count took their lunch in the courtroom and to-day there were more. Among the spectators were many ladies who had never been in a court room before, and they watched proceedings with a curious gaze.
The witnesses were slow in appearing and the defense called seven witnesses before one could be found who was there. As court adjourned only a comparatively small number of people left the room, but the rest produced lunch baskets. The lower hall was full to the doors of people, principally ladies, who had already arrived for the afternoon session and were waiting to go up at once after seats. Officers kept them down till those going down had cleared the way. The courtroom then filled inside of two minutes, and no one who had left the room for dinner stood any chance whatever of getting back again unless he was a person in some way privileged and for whom a place had been reserved.
AUSTIN ESTY.
Austin Esty testified: I reside in Cortland. I have known John Truck for twelve or fifteen years. He worked for me eight or nine years ago for a few months at a time for some time. Haven't seen him since 1893 till I saw him here. He drove a team and worked on threshing machine and on merry-go-round. Some days be appeared nervous and stepped around spry. Did lots of talking, appeared animated and excited. He wanted to do lots of repairing to the machine whether it needed it or not. Wanted to fix things up pretty nice. He wanted to take the machine to pieces, whether he put it together again or not. On other days had little to say. His acts impressed me as irrational.
On cross examination witness acknowledged that his machinery was not in perfect condition and that Truck's wanting to make repairs might have been simply a difference of opinion between them as to whether it was necessary to make repairs. Witness owned the machine and was interested to keep it going constantly for the sake of profits. Truck had no interest in profits, but wanted machine to run well. Truck was a handy man with machinery, and did his work well.
JAMES F. HOGAN.
James F. Hogan testified: I reside in Cortland; am an employee of the S. & B. R. R. Co. I was on snowplow once and collided with team at Preble station after a blizzard. It was in 1893. We struck a sleigh and threw it up on bank. Man was thrown out of sleigh. We were running about 20 miles an hour. Plow slowed up and let me get off to go back. I saw the man. Don't know whether it was the defendant. I never saw him since.
Cross examination—I was roadmaster for company. Considerable snow on ground at time. It was snowing and wind was blowing. Couldn't see far. Man was standing up when I got back to him. He walked into station.
MARTIN WILES.
Martin Wiles testified; I live in Marathon; formerly lived in Cortland; used to press hay. I once knew John Truck. First saw him at George Stevens' about five years ago. He worked for me on hay press. He wanted a job. Told me he had worked for Blunden and used to own a press. I set him at work feeding press. He acted nervous, trembled. I told him I guessed he had not fed much. He said he had. He fed for a half hour, and broke fork and I then fed till noon. He didn't take his overcoat off while working and perspired freely. In afternoon he stripped down to shirt. He fed for two hours and did better. Then he dropped and broke the followboard. We relieved him for rest of afternoon. His eyes would dance from one to another, without moving his head. When we moved up Cold Brook, he helped us. Friday I told the men we would not go to work till Monday. Saturday he went there and stayed till 11 o'clock. None of us were there and he went away. Monday we went there at 9 o'clock and Truck was not there. I lacked a man and went back for him. He hadn't gotten up. I waited for him to eat breakfast and took him back again. On the way he told me he had been up there Saturday night and fired up and got all ready. When we started to fire up this morning I found water very low in boiler. I scolded. I sent him down to creek with tank to get some water. He got tank tipped over in the creek. At this witness seemed overcome with the thought of the affair and laughed heartily. Truck also seemed to enjoy the matter and laughed too. Witness continued, I left him to run engine while I was working in barn. Looked out soon and discovered that Truck had gone away. Day or two after I saw him in Homer. Talked sharp to him for going away so. He seemed mad. Finally promised to come again next Monday. He didn't come. Later saw him fishing on ice on Little York lake. He didn't work any more at this time, but afterward worked for me on farm in Virgil. Afterward told me he had bought a 20 horsepower engine and threshing machine. I never learned that he had such a machine. He used to tell me stories about himself and sometimes contradicted himself in same conversation. I didn't often call his attention to the discrepancies. When I talked to him about working for me steadily, he told me he had bought a 40-acre farm near Homer and was going to move on it. He had got to buy a horse and didn't want to work longer by day. I knew he had no money to buy a farm. Saw him afterward at N. H. Winters', where he was bargaining for renting the Winters' place. I said to him I thought he had bought a place and was going to move upon it. He told me there was a fellow on the place and he couldn't get him off, so he had backed out. Some times when I went to his house to see him he was very cordial and seemed glad to see me. On other days he was gruff and wouldn't say much. On one of these last days I asked him what he was mad about. He said he wasn't mad about anything. I told him he acted an though he didn't want me about. He said that wasn't true. These actions impressed me as being irrational.
Cross examination—When he told the big stories I thought he was lying, but I didn't believe he thought he was lying. I don't believe he knew whether he had a machine or not. He did have a horse when he worked for me. He did have a team on the farm when he rented it from Mr. Winters.
At 12:30 court recessed till 2 P.M.
During the forenoon the two expert witnesses of the defense came into the courtroom: Dr. F. Sefton of a private sanitarium at Auburn, and Dr. W. A. White of the Binghamton State hospital. These two will have associated with them Dr. H. T. Dana of Cortland as an expert. As the defense has about twenty witnesses yet to call before these three it is likely that the expert testimony will be delayed for some little time yet.
The principal expert witness of the prosecution will be Dr. Allen McLane Hamilton of New York who has a more than national reputation.
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| Samuel N. Holden. |
THE VILLAGE ELECTION.
The Republican-Democratic Ticket and the Issues Involved.
The annual charter election of this village takes place on Tuesday next. The regular conventions of the Republican and Democratic parties have united in nominating a common ticket—aside from inspectors of election—made up of both Republicans and Democrats. This ticket appears at the head of our editorial columns, and we have already referred to the character and capacity of the persons who compose it. On these points we can only repeat and emphasize what we have already said. In reference to the nominee for president especially, no one will question that within the last twenty-five years this village has had no president who has been burdened with more important duties, or who has given more time, care, attention, intelligence or sincere purpose in their discharge than has Mr. Holden. He has had the good fortune to have a business office centrally located and easily accessible, where he has been able to be found whenever it was desired to see him on any matters relating to village government, and whoever has called on him has always been given a courteous and candid hearing.
Mr. Yager, the nominee for trustee in the second ward, which is strongly Republican, is the choice of the Republicans of the ward, and the same is true as to Mr. Skeele and the Democrats of the Fourth ward, which is usually a Democratic ward.
In making up the entire ticket the object has seemed to be to avoid a conflict of personal interests and to place in nomination individuals who would be likely to be elected if placed on the regular tickets of their own parties. The fact is not attempted to be disguised, that this ticket stands for, and is composed of friends of the proposed city charter. At present, with the charter passed by both houses of the legislature, it would seem to be about as certain as anything human can be that this measure is to become a law.
The chief objections urged against the instrument itself are that it abolishes local option on the liquor question, and gives the mayor the appointment of the members of the school board. The question of license or no-license is one on which equally well-meaning citizens may honestly differ, as is also the question whether no-license can be effectively enforced for any considerable length of time in a village of over 10,000 inhabitants, and the further question whether the cause of temperance has ever been appreciably advanced by compulsory or prohibitory measures. It certainly stands undisputed that the great temperance movements which have brought visible and lasting results, like the Washingtonian and Murphy movements, have done their work by appeals to the moral and religious sense of individual men, and by inspiring them to overcome the desire for liquor by force of will and manhood—and helping them to do this—rather than by attempting to reform them by enacting that liquor shall not be sold.
The STANDARD has more than once, expressed the belief that prohibition could only be made effective in suppressing intemperance when backed by a strong and determined public sentiment, expressing itself in a rigid enforcement of the law for a long period—till confirmed drinkers could die off and a new generation grow up without a taste for drink being cultivated in it—and that a license or tax law enforced is much less demoralizing than a prohibitory law defied and ineffectual. In the last twenty-five years in this village there have been at least three vigorous campaigns against liquor. No-license has been enacted twice and matters have drifted back into the old condition or a worse one. We are now under no-license again, and our citizens must judge for themselves how it is being enforced and how it is likely to be, and whether local option and such enforcement of no-license as is probable are of more importance than the admitted advantages of the proposed charter, with a liquor license or tax system which is apt to be at least as well, if not better enforced than no-license. The decision on this point every voter should make conscientiously and for himself, without allowing any one to dictate to him, or trying to dictate, to any [one] else. It is certain that local option and the new charter cannot both be bad. Those who believe that local option, with the chances of enforcement which no-license now has, is more important than the new charter, naturally will not support the ticket headed by Mr. Holden. Those who believe to the contrary will support it.
As to the appointment of the members of the school board by the mayor, we believe in it. We believe in an appointive instead of an elective judiciary. Under the appointive system all parties will be likely to be represented on the school board, and he would be a very brazen and reckless mayor who would dare to appoint to the charge of the educational interests of the city any but representative men. We believe that the chances of unfit men getting on the board would be much less under the proposed system than under the present. A mayor would hesitate to do, and take the responsibility for, an act which a partisan caucus would walk up to without a trace of compunction. We should rather see a mayor appoint the school board than have it done by a board of aldermen, even. The sense of responsibility is always greater when the burden of an act rests on a single individual than when it is shared by several. Under the new charter, if the good people of the new city want to be sure of good school boards, all they have to do is to elect good mayors. If they can't elect good mayors, whom they can trust, how can they elect good school commissioners? If the mayor is recreant to his duty, it is much easier to punish him than to punish a caucus. His head can be cut off when his term runs out. Most mayors like re-election.
If the proposed charter is to be enacted into law, its friends, and not its enemies, should be put in charge of the work of getting it into operation. Whoever wants to see the present village made a city under this charter, and wants the new city, at the outset, to be in charge of those who have helped to make it a city, will vote the ticket headed by Samuel N. Holden.
THE CITY CHARTER
PASSED IN BOTH SENATE AND ASSEMBLY.
Assembly Bill Substituted in Senate—Both Houses Practically Unanimous—Telegrams from Hon. Geo. S. Sands.
At 2 o'clock this afternoon Messrs. Kellogg & Van Hoesen received the following telegram from Assemblyman Geo. Sands:
ALBANY, N. Y., March 8.
Kellogg & Van Hoesen, Cortland, N. Y.:
Charter passed in assembly. Will be substituted in senate. GEORGE S. SANDS.
Shortly afterwards the following telegram was received by The STANDARD:
ALBANY, N. Y., March 8.—City charter has passed in both houses. GEORGE S. SANDS.
Trustee C. F. Thompson received a dispatch stating that the vote in the assembly was 139 in favor of the bill with no opposing votes. In the senate the vote was forty-seven all in favor of the bill,
It now only remains for the governor to sign the bill before it becomes a law.
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