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| District Attorney Edwin Duffey. |
Cortland Evening Standard, Friday, March 30, 1900.
ATTEMPT AT MURDER.
PITCH BATTLE BETWEEN OFFICERS AND ABOUT-TO-BE PRISONER.
William Bays Fires a Revolver Twice at Lewis Christman on Virgil Hill—First Shot Missed, Second One Struck Him—Officers Try to Arrest Bays and a Revolver Fusillade Follows—Over Twenty Shots Fired—Sheriff Brainard Wounded in Leg—Prisoner's Sister Attacks Officers and Is Herself Arrested.
The town of Virgil seems determined to furnish its quota of excitement to the county at large. For the past year the Miller murder has probably been more talked about in this vicinity than any other single subject. No sooner is the murderer, John Truck, safely landed within the walls of Auburn prison awaiting execution than Virgil comes to the front with another attempt at murder. Fortunately this one did not succeed, and fortunately very little harm was done, though that was due solely to the poor marksmanship of the gunner.
When officers go to arrest the shooter he resists and a pistol battle follows in which more than twenty shots are fired and Sheriff Brainard is wounded. The sister of the man sought for comes out to help her brother and requires the exclusive attention of one officer to keep her quiet. At length both are arrested and safely landed in the Cortland jail. It is believed that both are crazy and the neighbors say they have been for years.
Lewis Christman and William Bays are neighbors in the town of Virgil, living about forty rods apart on opposite sides of the road running over the South Main-st. hill from Cortland and about a mile this side of the state road leading east from Virgil Corners toward East Virgil. It is about three miles from their home to the locality of the Miller tragedy. Christman is a man about 40 years old, is married and lives on his farm of seventy-five acres. Bays is upwards of twenty years older and has a farm of about fifty acres. He is unmarried and lives with a maiden sister.
Yesterday afternoon a yearling heifer belonging to Christman got out of the barnyard and wandered over toward Bays'. Christman missed her and started to look her up. He discovered her in Bays' barnyard and saw Bays fixing up the fence all around the yard as though preparing to keep her in. As he approached the Bays' house Bays went to his house. Just as he was nearing the [fence] bars and was preparing to let them down Bays emerged from the house and walked rapidly toward him. He didn't speak, but continued till within about 30 feet of Christman when he suddenly displayed a big revolver, stopped, took deliberate aim at Christman and fired. The ball missed.
Christman was unarmed and concluded that he didn't care to have any argument with a man with a revolver who showed a disposition to fire, and he started for home, zig-zagging back and forth to distract the aim and at the same time watching Bays. The latter took careful aim and fired again. The ball passed through one of the bars and struck Christman in the left leg just above the knee, but it was so far spent by distance and the bar that it only created a bruise, without penetrating the flesh. Christman hastened on and Bays turned about and returned to the house.
Last night Christman appeared before Justice of the Peace John E. Winslow at Virgil and swore out a warrant for the arrest of Bays on the charge of assault in the second degree. At 7 o'clock this morning Constables Hilton Ryan and Willis Foster started for Bays' house to arrest their man.
Bays was at the barn when they reached the house. His sister came to the door and recognized Mr. Ryan as an officer. He inquired for the brother. She told him that her brother would never be taken alive, but that he would let daylight through any one that attempted to arrest him. Just then Bays appeared from the barn coming toward the house. He had his big revolver in his hand, and the two men departed rather hastily for more help. They went up to Christman's and asked that gentleman to come to Cortland for the sheriff, which he did at once, while Constable Ryan hung about the vicinity to see that Bays didn't start off anywhere.
At about 10:30 o'clock Sheriff Brainard and Under Sheriff John Miller started over the hills to Virgil. The roads were in pretty bad shape, but they got over to Christman's at about 11:30. Christman wanted them to stop for dinner before undertaking their job, for all realized that it would be a bad one and likely to be dangerous, but the officers said they would attend to business first and pleasure afterward.
The officers could see no one about as they approached the house. Just then Fred Hilligus came along. He had often bought stock of Bays and they pressed him into the service, thinking that perhaps he could get Bays to come to the door. But they decided to resort to another scheme. Bays had been telling his neighbors for weeks that he was afraid some one would steal his stock. He has a quantity of fine cattle, and they decided to turn the cattle out into the barnyard and make it appear as if they were going to drive them off, thinking that that would bring him out of doors where, if there was to be a fight, they would at least have an even show.
The house stands near the road with the cowbarn north of it about equally distant from the road. Between these two stands the horsebarn, a little further back from the street, and a cowbarn is between the two barns and there is also a passageway here where the cows go back down to a little creek for water. Officers Brainard and Miller placed themselves at advantageous points near the corners of these barns, while Constable Ryan took up a position in the street as though to head off the cows. Mr. Hilligus then went to the stable door which was in plain sight of the house and began to turn out the cows.
By the time that four had gone out Bays appeared from the house. He had his big revolver in his hand, and there was fire in his eyes. John Miller caught sight of him first and saw the gun. "Look out for him," he called in a low tone, "he is armed." Bays came straight toward Miller and raised his revolver. Miller retreated around behind a big pile of stones in that part of the barnyard. Bays fired twice at Miller, but didn't hit him either time, Miller not replying. Then Sheriff Brainard came out from behind the cowbarn and fired a shot to attract attention from Miller. He did it most successfully, for Bays turned like a flash and ran right at him. Brainard retreated behind a big maple tree that stood near the center of the barnyard. Constable Ryan fired once or twice from the road and Bays turned one shot toward him. Then he devoted himself exclusively to the sheriff. The two men were within 10 feet of each other dodging about that tree. None of the offices meant to hit Bays but all they sought to do was to draw his entire fire from that revolver and they knew they could seize him before he could reload. The sheriff had a revolver in each hand—one was a five shooter, the other a four. He fired his entire nine shots. Officer Ryan fired four times. Officer Miller fired only three times. He held back a couple of shots, thinking that he didn't want to empty his revolver as he might need them for actual use if they should come to close quarters. One of the last of Bays' shots struck the sheriff in the right leg just below the knee.
Suddenly the sheriff heard Bays' revolver click twice and knew that it was empty. Instantly he dropped his revolvers and jumped forward and seized his man by the collar. Bays had his revolver in his hand and he struck the sheriff a vicious blow with it in the face cutting his upper lip. But he was in the hands of a veritable giant and the sheriff quickly had him down. The other officers came to his assistance. There was a sharp scrap though between the sheriff and Ryan on one side and the prisoner on the other before the handcuffs could be put on.
John Miller was going to help too, but his attention was suddenly taken in another direction. With a whoop and a shout when she saw her brother in the hands of the sheriff Miss Bays came dashing out of the door with a big club in her hand and was evidently going to brain somebody. Officer Miller caught her in his arms and held her tight till he could get the club away from her and could make her quiet.
Bays was quickly bundled into a wagon and started with Constable Ryan for Virgil to appear before Justice Winslow who issued the warrant.
Sheriff Brainard and Officer Miller took Miss Bays in their wagon and started for Cortland with her. The place was left in charge of neighbors. The two officers got here at 1:15 and locked up their prisoner.
Justice Winslow committed Bays to jail and he reached Cortland at about 2:30 o'clock.
The two prisoners sent for Attorney H. L. Bronson and retained him as counsel.
District Attorney Duffey and Mr. Bronson appeared before Justice Winslow at 3:30 by telephone and arranged for Bays' hearing at the town hall in Virgil on Wednesday morning, April 4, at 11 o'clock.
Bays will probably be charged with assaulting the two officers as well as for his assault upon Christman.
The neighbors declare that both brother and sister are crazy and have been crazy for years, and many have been afraid of them.
Dr. Higgins at about 2:30 this afternoon extracted the bullet from the sheriff's leg. It was about a half inch below the surface of the skin.
There was almost a joke at the sheriff's office this afternoon at the marksmanship of the defendant who failed to hit the broad sheriff more seriously and the broad under sheriff. Barn doors are not in it with this pair for width, but it is indeed fortunate that nothing more serious occurred.
THE TRUCK TRIAL.
Deputy Clerk Jones Estimates its Expense as $12,500.
Deputy Clerk S. K. Jones has made an estimate of the expense to Cortland county of the murder trial of John Truck. Some of them are exact and others still have to be made by estimate. When District Attorney Duffey was shown the statement he thought that the figures on his own expenses and the expenses of the prosecution were pretty high and that they would shrink up considerably, but that otherwise they must be about as he should imagine. Clerk Jones' figures are as follows:
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| John Hay. |
PAGE TWO—EDITORIALS.
The Open-Door in China.
The publication of the diplomatic correspondence of the United States with Russia, Germany, Italy, France, Great Britain and Japan relative to the open- door in China shows that Secretary Hay managed this difficult matter with tact and discretion. The opportunities for bungling and giving offense were very great. The chances of failure on account of the selfishness of human nature were very considerable. But Mr. Hay overcame all of these obstacles, and achieved a signal triumph.
His letter to Great Britain, which is a sample of all the other letters, is admirable in tone and argument. It is sufficiently assertive to indicate clearly that the United States does not propose to permit any one, no matter what may be done with China to trench upon the interests that have been secured by treaty. "The United States," says Mr. Hay, "will in no way commit itself to any recognition of the exclusive rights of any power within, or control over, any portion of the Chinese empire under such agreements as have been recently made." At the same time Mr. Hay uses no language of arrogance or menace. The motive that actuates him in his inquiry as to the policy that Great Britain is to pursue is the common interest that that power and the United States have in the maintenance of the open-door policy. "The maintenance of this policy," he says, "is alike urgently demanded by the commercial communities of our two nations, as it is justly held by them to be the only one which will improve existing conditions, enable them to maintain their positions in the markets of China, and extend their future operations."
With fine tact Mr. Hay points out further that his government is not seeking its own benefit entirely. "It hopes to retain there," he says, "an open market for all the world's commerce, remove dangerous sources of international irritation, and thereby hasten united action of the powers at Pekin to promote administrative reforms so greatly needed for strengthening the imperial government and maintaining the integrity of China, in which it believes the whole Western world is alike concerned." To secure these admirable objects, he proposes that every power addressed shall declare first, that it will in no wise interfere with any treaty port or any vested interest within the so-called spheres of influence; second, that the Chinese tariff of the time being shall apply to all merchandise landed or shipped to such ports as are within these spheres of influence and that the duties shall be collected by the Chinese government; and, third, that no higher harbor duties or railroad rates shall be levied by the power controlling a certain sphere of influence upon the vessels or goods of another nationality than upon those of its own.
The reply of Great Britain to Mr. Hay's request for a declaration was all that could be desired. "Her majesty's government," said Lord Salisbury, "will be prepared to make a declaration in the sense desired by your government in regard to the leased territory of Wei-Hai-Wei and all territory in China which may hereafter be acquired by Great Britain, by lease or otherwise, and all spheres of interest now held or that may be held by her in China, providing that other declarations be made by other powers concerned." Happily all the other powers addressed manifested the same willingness, and thus assured the observance of the policy of so much importance not only to the United States but to the whole civilized world. The reply of Russia was particularly gracious. The government of that nation replied that it was especially pleased to comply with Mr. Hay's request, "as it attaches the highest value to anything that may strengthen and consolidate the traditional relations of friendship existing between the two countries."
RUSSIA-JAPAN DISPUTE.
No Possibility of an Immediate Rupture Apprehended.
LONDON, March 30.—The British government has not received any news tending to confirm the advices from Japan as to Russian designs in Korea, and is inclined to doubt their accuracy. The premier, Lord Salisbury, it is learned, apprehends no possibility of an immediate rupture between Japan and Russia. Whatever may be done in the future regarding the disturbances around the Tien-Tsin it is learned that no steps have yet been taken looking to concerted action upon the part of the powers, nor is there any indication that official circles regard the situation in China as serious as it is made out in the press dispatches.
From all sources of information available to the British foreign office it is judged that Japan neither desires nor is in any way near ready to dispute with hostilities Russian action in the Far East.
ARRESTED IN THE ASSEMBLY.
Samuel F. Hyman Offends by Refusing to Vote.
ALBANY, March 30.—For the first time in 10 years a member of the legislature who refused to vote on rollcall was placed under arrest in the assembly yesterday afternoon and arraigned before the bar of the house and threatened with fine or imprisonment, or both, in case he persisted in the unparliamentary stand he had taken.
The offending legislator was Assemblyman Samuel F. Hyman, Democrat, of the Thirtieth New York city district. Mr. Hyman, after being brought before the bar of the house by the sergeant-at-arms, was persuaded by his Democratic colleagues to reconsider his determination and registered his vote in the negative on the adoption of the resolution which was under consideration.
The trouble arose over the introduction of a resolution which Mr. M. E. Lewis, as chairman of the special Syracuse investigating committee had introduced directing the sergeant-at-arms to proceed to Syracuse and arrest for contempt William H. Hammeric and Christian B. Synder for refusing to answer questions put to them by the committee and arraign them before the bar of the house to show cause why they had so acted.
Mr. Hyman reconsidered his determination not to vote and voted in the negative and was excused on motion of Mr. Trainer. The motion was then adopted by a vote of 79 yeas to 40 nays.
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| Manunka Chunk Tunnel. |
Overcome at Their Posts.
NEW YORK, March 30.—A new source of danger manifested itself yesterday in the Manunka Chunk tunnel on the Lackawanna railroad in New Jersey, when a passenger train was passing through the tunnel both the engineer and fireman were overcome by gas and dropped unconscious at their posts. When the train emerged the conductor realized something was wrong and found the men senseless in the cab. He acted as engineer until Oxford was reached. There the men revived after a short time.
THE BOY TRAVELER
To Speak at the Y. M. C. A. Gymnasium Saturday Night.
On Saturday evening at 8 o'clock Harry Steele Morrison, the boy traveler, will tell the story of his tramp abroad in the Y. M. C. A. gymnasium [in Cortland]. Morrison is hardly more than a boy, being but 18 years of age, and has appeared in the leading associations throughout the United States during the past two years.
He was living, in 1896, in a small town of Illinois, but in that year he became suddenly ambitious to go to Chicago to work. He lived in that city a year, working as office boy for $3.50 a week, and then, being determined to become a reporter, he started upon his famous trip to Europe. He had saved $25 and with this money he started for New York, stopping off at Washington, where he was received by President and Mrs. McKinley. From New York he worked his way to London as a pantry boy on a cattle ship, and arriving in England, worked for his room and board at an inn. He succeeded in interviewing Mr. Gladstone, Queen Victoria and the king of Belgium. He visited the late president of France and the lord mayor of London, and altogether saw more famous men than any other person could possibly have interviewed. He was lost in the Alps and had many startling adventures of various sorts.
The trip was remarkable in every way. The story of its achievements is extremely valuable. It will give American boys a knowledge of the opportunities which are open to them, and teach them that with industry and courage, the boy who is early thrown upon his own resources may rise by his own efforts and make a success in life.
The lecture is given under the auspices of the basket ball teams and the prices are 25 cents to men, 15 cents to women and children. All are invited to hear an entertainment of real merit.
O. U. A. M. BANQUET.
Wednesday Evening in G. A. R. Hall—Thomas Howard Talks.
The Order of United American Mechanics held their annual banquet and reunion Wednesday night in G. A. R. hall, and a thoroughly enjoyable time was spent by the members, their families and friends. Mr. W. W. Hout as toastmaster kept matters interesting and sharp tilts were very much in evidence. State Counselor Wallace Yost of Johnstown was unable to be present on account of illness. Mayor Holden was present and responded to the toast, "The New City." The quartet singing by Messrs. Long, Hunt, Graham and Osgood was entertaining and thoroughly appreciated. The menu, prepared by the ladies, was tempting to an extreme. The toast list was:
The New City, Mayor S. N. Holden.
Our Lodge and Home, J. J. Glann
Our Flag, Rev. U. S. Milburn.
Our Country, A. W. Graham.
The Ladies, J. G. Osgood.
Lodge Entertainment, H. B. Greenman.
Lodge Team Work, L. E. Burnham.
Honesty, Rev. W. J. Howell.
Industry, F. W. Kingsbury.
Sobriety, J. A. Jayne.
After this list was completed, Toastmaster Hout said that there was yet one great man in the company who had not been heard from. This gentleman is the author of a great book, said Mr. Hout, that will soon be read by all the American people. Perhaps he will tell us something of how he lost his teeth. He then called upon Thomas Howard and told him to take all the time he required to make all these matters perfectly clear. Thomas arose and amid cheers expressed gratitude for being called upon, but was seriously bothered by the absence of his teeth, which he put in his overcoat pocket some time ago and which have since been among the missing. The wily Thomas was too diplomatic to talk much about his book, wisely thinking that the people were trying to find out in advance what it contains. He concluded his excellent remarks by promising the company that he would give an hour and a half speech just as soon as he secured his departed and much mourned for teeth.
BREVITIES.
—The India mass-meeting to-night will be held in the auditorium of the First Baptist church at 7:30 o'clock.
—There will be a meeting of the executive committee of the Baseball association to-night at 8 o'clock in the Wallace block.
—The Rob Roy dancing club will hold a masquerade dancing party in C. A. A. hall to-night. Darby's orchestra will furnish music.
—The funeral services of Mr. Milo E. Gillen, whose death was announced in yesterday's STANDARD, will be held from his late home in Groton City, Sunday, April 1 at 12 o'clock noon. Burial in Cortland.
—Miss Lillian Van Deusen, a student at the Oneonta Normal school, fell backward down the stairs at her home in Oneonta Wednesday fracturing the base of her skull. Small hopes of her recovery are entertained.
—New display advertisements to-day are—C. F. Thompson, Saturday's pickups and seed peas, page 6; Bingham & Miller, As prices go down, page 8; Dey Bros. & Co., Wheels and machines, page 7; Opera House, "Martha," page 5; Mitchell & Strowbridge, Turkeys and chickens, page 5.
—The Utica Herald, for years one of the staunchest and most prosperous Republican morning papers of central New York, was a few weeks ago absorbed by the Utica Dispatch. For a few weeks both a morning and an evening edition have been published under the name of the Utica Herald-Dispatch, but with the issue of March 28 the morning edition was dropped. Everywhere except in the largest cities the evening paper is the more popular, as it can be read in the homes and contains the latest and freshest news.
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