Cortland Semi-Weekly Standard, Tuesday, March 27, 1900.
THAT ONE EXECUTION.
HANGING OF O'DONOGHUE IN COURTHOUSE IN 1853.
Description of the Scaffold Erected in Grand-Juryroom—Military in Attendance as Guards—Sheriff Frederick Ives the Executioner—Reprint from an Old Paper.
Reference was made a few days ago in these columns in connection with the conviction and sentence of John Truck for murder in the first degree to that first conviction and that one and only execution in the county. The prisoner was a man named [Patrick] O’Donoghue who was convicted of the murder of Mrs. [Daniel] Kinney in Truxton. Mrs. Frederick Ives, the widow of Sheriff Ives who was the executioner upon that occasion, has loaned to us an extra of the Cortland County Whig published at Homer, and issued with commendable enterprise the afternoon of the execution on Friday (hangman’s day) Sept. 2, 1853. It is a little sheet 12 by 9 inches in size printed on one side, but it told the story and no doubt was eagerly seized upon by the readers of that day.
As this was the only execution ever performed in Cortland County and as the method of it was so crude as compared with modern ways we reprint it, feeling sure that all the younger generation will be interested in it, and perhaps also those older ones who remember the occurrence. It is as follows:
Thursday, Sept. 1, 1853.
We have to-day visited the grand-juryroom in which O’Donohue is to be executed for the murder of Mrs. Kinney. The scaffold is now ready for use. It is a very simple construction, and yet appears to be a perfect piece of machinery.
In order for our readers to gain something of an idea of the manner in which it is built, we will attempt a description. Through the upper floor of the northeast corner of the room a rope passes, on the end of which in the juryroom, a solid piece of iron is attached of about 300 lbs. weight. This rope passes through the floor into the upper room and over pulleys fixed on each side of a beam, which is about eight feet long; then passes again down into the juryroom; thus leaving a space of eight feet from the spot where the prisoner is to [stand and] to the place where the weight appears.
When the fatal cord is placed around the neck of the prisoner, who is to stand erect, the weight spoken of will be hoisted about six feet from the floor. Near the weight is fastened horizontally a small piece of timber made to turn, on the end of which is fixed a drum, which appears similar to a windlass. In the center of this piece of timber a piece of iron projects three or four inches. On this iron the weight rests when drawn up. The weight is removed by pulling a lever, the end of which rests in a notch on the drum. The lever being pulled down releases the purchase and the weight falls and lifts the body not [far] from [five] feet from the floor, which immediately falls backward with such force as to dislocate the neck of the prisoner.
We are informed by the sheriff that O’Donoghue has seemed more penitent to-day than ever before. He even expressed regret that he spoke so harshly to the judge when his sentence was pronounced. He talks freely of his execution and has made a number of singular requests.
When being told that his coffin was finished he requested to have it brought to him in order that he might get into it for the purpose of ascertaining whether it was of the proper size. He also wished the sheriff to [conceal] the print which the rope would make upon his neck by drawing his collar closely around it. It is his earnest desire to be buried in consecrated grounds. He has eaten heartily to-day and says it is his intention to walk with a firm step to the gallows.
Friday, Sept. 2, 1853.
O’Donoghue, we learn, retired to his couch at an early hour and slept remarkably well through the whole night. Early this morning the sheriff on visiting his cell found him in the attitude of prayer.
At 6 o’clock we were permitted, through the politeness of the sheriff, to attend the ceremony of celebrating Mass in the presence of the prisoner. The ceremony was performed by Rev. Father Catlean of Oxford, assisted by another priest from Owego. The scene was truly affecting and seemed to work seriously on the mind of O’Donoghue, causing him to [weep almost to cry]. He seemed very penitent and says he is prepared to meet his fate.
At 11 A. M. the unhappy man proceeded to enrobe himself, assisted by Father Catlean and the sheriff. From a glance at the prisoner we thought he appeared more excited than during Mass this morning.
The military arrived on the ground at 11 o’clock commanded by Colonel Legg.
After being enrobed religious ceremony was performed in the cell during which the prisoner was calm, and expressed himself perfectly prepared to meet his fate.
At twenty minutes past 12 the prisoner appeared in the room prepared for the execution, accompanied by the sheriff, under-sheriff, two constables and the clergy, and after confession took his seat beneath the rope. He was very pale, but unusually calm.
The room at this time was filled with requisite number of witnesses and police, in all numbering about forty persons. After confession he took an affectionate farewell of his counsel, and said, “I forgive the whole world; I hope the priests will pray for me.”
At twenty-five minutes past 12 the drop was touched. His convulsions were very strong and continued about five minutes.
After hanging about fifteen minutes Drs. Patterson and Goodyear, examining physicians, pronounced him dead. That ended the unhappy career of O’Donoghue.
The jail was guarded by the Virgil guards, Capt. E. F. Gould; Spafford Guards, Capt. Henderson; Truxton Light Guards, Capt. Pierce. The military made a fine appearance and their soldier-like deportment reflected much credit upon themselves.
There was an immense crowd of people outside the jail, all anxious to get a sight of the prisoner. In the crowd were noticed a large number of women, whose curiosity was much excited as the men’s. Good order, however, was maintained during the execution and the preceding services.
O’Donoghue was born in the province of Munster, Ireland, and is 66 years old; he came to this country thirty years ago and has been a resident of Cortland county twenty-five years. He has formerly stated that his real name is O’Neil, and that he shot a man in Ireland, for which he [fled] his country and assumed the name of O’Donoghue. This, however, he denied and said his real name was O’Donoghue.
O’Donoghue’s remains will be taken to McLean for interment.
[On the 2d day of September, 1853, the first and only death penalty ever inflicted in Cortland county was paid by Patrick O'Donohue, for the murder of Mrs. Jane Ann Kinney, of Truxton, on the 3d of September, 1852. The following account of the tragedy is condensed from Goodwin's history:
"O'Donohue's daughter, Elizabeth, a girl of ten years, had been forbidden to visit the house of Mrs. Kinney. This command she disobeyed, and to escape the vengeance of her father's fiend-like temper, her two elder sisters secreted her in a ledge of jagged rocks, and then informed their father that she had been stolen. O'Donohue hastened from his work in the woods, accompanied by his wife and two or three children, all in a high state of excitement. He was falsely made to believe that the abductor was no other than the husband of Mrs. Kinney, whom he presumed to be his enemy.
"A search for the little girl was instituted by the father and his son, the former carrying a loaded gun. The search was given up about the middle of the forenoon; at about this time Mrs. Kinney and her daughter were on their way to the residence of a neighbor, and of necessity had to pass by the house of O'Donohue. Just as they drew near it they were met by the murderer, who angrily asked Mrs. Kinney if she had seen Elizabeth. Receiving a negative answer, he flew into a terrible passion, leveled his gun and fired at Mrs. Kinney; the contents of the weapon grazed her side, causing her to stagger forward. O'Donohue was now more enraged than before. Reversing his gun he struck the defenseless woman several blows, the second of which dislocated her neck. Not yet satisfied he flew at the daughter, who had fallen from fright, and plunged the bayonet of the gun into her body; although she seized the weapon, the demon wrenched it from her grasp and thrust it again and again into her body. The tragedy was discovered, soon after it was committed, by Charles McKnight. As he approached the spot his life was threatened by O'Donohue, but he gained a full view of the victims. He advised the murdered to go to the village and give himself up to the authorities, presuming him to be crazy. He told him that men suffering from a diseased mind were not always responsible for their acts; perhaps he would not be punished. The murderer seemed to accept the counsel, for he, with his wife and son, started toward the village, where he was afterward arrested. His indictment followed at the October term of the County Court, and he was tried at the following July Oyer and Terminer. Hon. Schuyler Cripen was the presiding judge, associated with John S. Dyer and Noah H. Osborne. R. Holland Duell, then district attorney, and General Nye, appeared in behalf of the people; Horatio Ballard and Daniel Gott, counsel. The prisoner was found guilty of murder in the first degree, on the 3d of August, 1853. O'Donohue was hung in the court-house on the date before mentioned."—1885 Smith's History of Cortland County.]
NEUTRALITY IS ESSENTIAL.
Sympathy Must Not Interfere with Diplomatic Lines Between Nations.
To the Editor of the Standard:
SIR—Less than two years ago, the United States was engaged in war with Spain. While all of our citizens believed in the ultimate triumph of our arms, the fact was not overlooked that Spain had in many previous contests proved herself a sturdy opponent and had by her dogged obstinacy, as well as by the bravery of her men been able to make all of her wars long and severe, even when the conflict was with France under the leadership of the great Napoleon. Our people while confident and determined were not free from anxiety and apprehension. Every one can recall the intense interest with which the morning and evening papers, and the bulletin boards were scanned by eager eyes to ascertain what degree of success had attended our arms on land and on sea.
But thoughtful people watched the newspapers and the bulletin boards with equal anxiety to ascertain what course the great European powers would take with reference to the then pending conflict. The newspapers and even the bulletin boards furnished rumors more or less defined indicating that two or more of the European powers were about to intervene in the interests of Spain. These rumors during the early weeks of the war were persistent and in some instances, not altogether devoid of foundation.
The French press influenced doubtless by the fact that French citizens held a large amount of Spanish bonds, were in almost every instance partisans of Spain, and the press very naturally voiced the sentiments of the French people, especially in Paris and its surroundings.
The tone of the German press was in the main unfriendly and the press of Russia not as friendly as we should have expected. So far as Austria was concerned its press was almost unanimously bitterly hostile and the Austrian government as hostile as its press. Austria would doubtless have gladly entered into any combination with the other powers to aid Spain. She showed clearly that such was her wish, but fortunately she was powerless to make her wishes effective.
The result was that the European powers proclaimed their neutrality and fairly observed it, and even poor, despicable, and despotic Austria, failing in her efforts to form a combination against us, put on the garb of neutrality.
So great was the feeling of indignation here against the treatment we had received at the hands of the French press, that congress came very near refusing any appropriation for, or to take any part in the Paris Exposition, notwithstanding the fact that the French government at all times remained neutral.
If any government in Europe had failed to observe the neutrality due from a friendly power during the conflict between the United States and Spain, it would have aroused a storm of indignation, and very likely have resulted in a declaration of war against the power who had thus offended.
The neutrality we were so insistent that the European powers should observe and which without exception they did observe during our war with Spain, is equally binding upon us at the present time. Notwithstanding the manifest propriety of our remaining strictly neutral in the unfortunate conflict now waging between England and the Boer states, there are those who insist that we should intervene in some way in the interests of the Boers and stop the war.
The sympathies of the American people with almost one accord are with the Boers. The same feeling of sympathy and in equal measure existed for the Greeks when they were being crushed by Turkey. But sympathy for one contestant as against the other does not justify our violation of neutral rights or make it incumbent upon us to intervene in conflicts between foreign powers. To attempt such intervention would be dangerous as well as useless. Had the sympathy of the French, German, Italian and Austrian people prevailed in the late war with Spain, over enlightened diplomacy, and the usage which one friendly power has the right to expect from another friendly power, it would have greatly prolonged the war with Spain and very likely have resulted in a war with the other powers named. A failure to observe neutrality would make us a party to every controversy that might arise either in the old world, or upon this continent.
In May, 1890, the country was ably represented in the Hague Peace Conference in which twenty-six of the principal powers of the world took part. The primary purpose of this “Conference” was to lessen the chances of war, by providing a board of mediation and arbitration to adjust international differences without a resort to arms. The mediation provided by this conference is purely advisory, but not compulsory.
Our representatives, while anxious to aid in any effort that might tend to increase the chances of universal peace, did not propose to obligate the United States to enter into the controversies of the Old World, nor did they propose to abrogate our right to primacy in all questions relating to affairs upon this continent. How admirably our representatives succeeded in both purposes is best shown by the following provision, which they succeeded in having incorporated in the treaty.
“Nothing contained in this convention shall be so construed as to require the United States of America to depart from its traditional policy of not intruding upon, interfering with, or entangling itself in the political questions, or policy, or internal administration of any foreign state; nor shall anything contained in the said convention be construed to imply the relinguishment by the United States of America of its traditional attitude towards purely American questions.”
The Hague treaty was entered into many months before the Boer war began. When President McKinley sent his annual message to congress in December, 1899, the contest between England and the Boer states was then going on. In that message the president clearly states the willingness of this government to tender the good offices in the interest of peace, whenever desired by the contending parties. We quote briefly from the message to show the attitude this government has borne in reference to the Boer war:
“The government has maintained an attitude of neutrality in the unfortunate contest between Great Britain and the Boer state of Africa. We have remained faithful to the precept of avoiding entangling alliances as to affairs not of a direct concern. Had circumstances suggested that the parties to the quarrel would have welcomed any kindly expression of the hope of the American people, that war might be averted, good offices would have been gladly tendered. The United States’ representatives at Pretoria were early instructed to see that all neutral American interest be respected by the combatants. This has been an easy task in view of the positive declarations of both British and Boer authorities that the personal and property rights of our citizens should be observed.
“Upon the withdrawal of the British agent from Pretoria the United States consul was authorized upon the request of the British government and with the assent of the South African and Orange Free State governments, to exercise the customary good offices of a neutral for the care of the British interests. In the discharge of this function I am happy to say that abundant opportunity has been afforded to show the impartiality of this government towards both the combatants.
“The contending powers have not asked the United States to mediate between them, though the good offices were substantially tendered as early as December last. There is ample evidence that this government has maintained absolute neutrality. In view of the traditional policy of this government, not to interfere in foreign controversies, we could not do more than we have done. There is not the slightest evidence that the administration has accorded any right to one of the belligerents that it has denied to the other. Sympathy for the liberty loving Boer in the hour of his peril is natural, creditable and properly finds expression in the public press and in public assemblages. Deep as is this feeling of sympathy, every intelligent citizen recognizes the obligation of our government to observe strict neutrality in all controversies not involving the rights of the United States, or its citizens.”
Blatant mendacious demagogues like Sulzer and Lentz have sought to create a prejudice in the public mind, by charging that the observance of neutrality was in pursuance of an alleged alliance with England. Their assertion that such an alliance exists, or ever existed between this country and England, is unsupported by a single fact or a single circumstance, and has been met with prompt, explicit and emphatic denial. Those who make such charges have little confidence in the intelligence of the American people. They certainly cannot expect that sensible people will believe their mendacious falsehoods, and assuming that the fool killer has done his full duty, it is difficult to imagine where such falsehoods will find credence, unless they find receptive soil in some lunatic asylum and take root among the delusions of the chronic insane.
There are doubtless some Anglo maniacs in this county, who might desire an alliance with England, but they are about as scarce as white blackbirds. They bear about the same ratio to our entire population that the Albinos bear to the entire colored race.
England in its commercial and diplomatic relations is friendly with all powers, except the Boer states, but the word friendly must be considered in its diplomatic sense, for really England has but two friends in the whole world, one of which is her gigantic and well equipped navy and the other is her army. In parliament recently, Lord Roseberry stated that England had sought an alliance with Germany and the United States, and in tones almost despondent said, that both Germany and the United States had summarily declined to enter into any alliance with her.
President McKinley in a recent speech expressed the exact situation when he said: “We are neither in alliance nor antagonism with any foreign power but on terms of amity and cordiality with all.”
The doctrine of neutrality was not born in the conflict now going on in South Africa, but has been the settled policy of this government ever since the adoption of the federal constitution in 1789. It was not the policy of one political party and one administration; but the policy of all political parties, and every administration since the adoption of the constitution,
RILEY CHAMPLIN, March 24, 1900.
[The oldest law firm in the county at present is that of Bouton & Champlin, the partnership having been formed in 1869. Lewis Bouton was born in Virgil in May, 1838, and was admitted to the bar in 1867. In November, 1870, he was elected to the office of district attorney, which position he held three years. He was elected one of the justices of the peace in 1883, and is still in office. His partner, Riley Champlin, was born in Solon in 1838, and studied law in the office of Ballard & Warren, in Cortland. He was admitted to the bar in November, 1868, at Binghamton, and within a few months entered into partnership with Mr. Bouton. In April, 1870, he was appointed district attorney of the county in place of Alvah D. Waters, deceased. The firm has been very successful in business, and has attained a very satisfactory position at the bar of this section of the State.—Smith’s 1885 History of Cortland.]
Election Expenses.
The following statements of election expenses have been filed in the city clerk’s office.
Samuel N. Holden, Republican and Democratic candidate for president of the village of Cortland—Republican committee $25, Democratic committee $25, extra additional teams $5, total $55.
Verne W. Skeele, Democratic and Republican candidate for trustee, Fourth ward—Democratic committee $5, Republican committee $5, total $10.
Benjamin L. Webb, Citizens’ and Prohibitionist candidate for president of the village of Cortland—Citizens’ committee, $20.
Eugene W. Bates, Republican and Democratic candidate for assessor—Teams, etc., $15.
Edwin M. Yager, Republican and Democratic candidate for trustee, Second ward—Republican committee, $10.
F. W. Higgins, Citizens' and Prohibitionist candidate for trustee, Second ward—Citizens’ committee, $10.
Frank P. Hakes, Democratic and Republican candidate for school commissioner—Republican committee, $5.
F. E. Whitmore, Citizens’ and Prohibitionist candidate for school commissioner—Citizens’ committee, $5.
O. A. Kinney, Citizens’ and Prohibitionist candidate for school commissioner—Teams, printing, etc., $5.
N. Jay Peck, Republican and Democratic candidate for school Commissioner—Republican committee, $5.
Chas. F. Brown, Republican, and Democratic candidate for school Commissioner—Republican committee, $5.
H. M. Kellogg, Citizens’ and Prohibitionist candidate for treasurer of the village of Cortland—Citizens’ committee, $5.
E. H. Richards, Republican and Democratic candidate for treasurer of the village of Cortland—No expense.
The following inspectors of election have filed statements showing no expenses: Harry Vunk, Oliver F. Allen, Geo. A. Loucks, Michael B. Burns, Frederick M. Quick, Allyn I. Edgcomb, Timothy P. Keefe, George Peters, John Tuthill, Judson L. Marritt, Joseph G. Jaryis and Chas. H. Miller.
C. A. Lowell for school commissioner and R. D. McMillan for assessor—No expense.
BREVITIES.
—The Y. W. C. T. U. met at 102 Clinton-ave., Saturday evening, March 24.
—The snow is getting off in pretty fine shape without a season of high water.
—The daily newspaper is on speaking terms with all classes. Therefore it is the best advertising medium.
—The Delphic fraternity at the Normal [School] initiated four candidates in to the mystic shrine of Delphi Friday night.
—A regular meeting of the Royal Arcanum council will be held Tuesday evening at G. A. R. hall at 7:20 o’clock.
—Otsego County has decided to build a new county clerk’s office at Cooperstown at a cost of not to exceed $25,000.
—A mass-meeting in the interest of the starving people of India will be held at the First Baptist church on Friday evening, March 20, at 7:30 o’clock.
—George Moore of South Cortland has a White Leghorn hen that recently produced an egg scarcely larger than a good sized robin’s egg. It easily drops into an ordinary pill box.
—The jury in the case of Tobias L. Rose vs. Harrison Wells which was on trial in county court, brought in a verdict of $75 for plaintiff Thursday. Court was then adjourned.
—Helena Frances Dell, daughter of Mr. and Mrs. Frank E. Bell, died at her home, 85 Lincoln-ave., Thursday afternoon. Her age was 2 years, 5 months and 19 days. Funeral Saturday at 2 o’clock at the house.
—A law has been passed by the present legislature providing a penalty of $50 for a first offense, and $150 fine for subsequent violations for watering milk furnished to butter and cheese factories conducted on the co-operative plan.
—The Gillette Skirt Co. moved Friday from the Wells block on Clinton-ave. to the building on Homer-ave., formerly occupied by the Cortland Corset company. Mr. Gillette expects to be ready to start business Monday morning in the new quarters.
—Ralph Brown of the South Otselic fishline factory was in town yesterday calling on friends and looking after the spring trade. The fishline factory sold over $50,000 worth of its products last year and will probably do better during 1900.—Norwich Sun.
—Twenty members of the seventh grade B of the intermediate department of the Normal school with their teachers, Miss Mantanye, Mrs. Smith, Miss McCarthy and Miss Snyder took a sleighride Saturday afternoon to McLean to visit Miss Bessie LaMotte, the other teacher of that grade.
—The English grammer [sic] upon which Dr. James M. Milne has been working for more than a year past has been accepted by a leading publishing house, and will be brought out at once. It will be upon the market in time for the opening of schools in the fall. Critics who have seen the copy have said some very complimentary things about it.
—The board of education will have to give new names to the ward schools now that Cortland has become a city and has six wards. We hardly knew how to refer to the former Second ward school in the mention of its reopening. It was once called the Schermerhorn-st. [Grace Street] school, was renamed as the Second ward school and is now located in the First ward.
—The call for the Republican county convention at Taylor hall in the city of Cortland at 1:30 o’clock on Thursday, April 12, and for the Republican caucuses all over the county on Thursday, April 5, at hours mentioned in the call appears on the editorial page. The convention will consist of 159 delegates. At the county convention delegates will be elected to the state, congressional and senatorial conventions. The number of delegates to be elected in each district in the county appears in the call.
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