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| Gen. J. Franklin Bell. |
Cortland Evening Standard, Wednesday, Jan. 15, 1902.
IMPORTANT CAPTURE.
General Bell's Success In the Batangas Province.
AN UNCONDITIONAL SURRENDER.
Colonel Marasigan and Other Officers With 245 Men Give Themselves Up. Many Rifles and a Cannon Taken. Province Now Quiet—Men Have Been Released.
Washington, Jan. 15.—The War Department was advised late yesterday afternoon of an important surrender which occurred yesterday at Taal, Batangas, Philippine Islands. The surrender included one colonel, three lieutenant colonels, one major, five captains, twelve lieutenants, 245 men and 223 rifles.
Marasigan, the colonel, was a leader of importance under the insurgent General Malvalar, operating in the western part of Batangas. That section is reported now to be practically clear of hostile forces. It is stated that the surrender was unconditional and due directly to the excellent service of the American troops. The loyal natives, it is added, believe this surrender will influence hostile bands in other sections of Batangas.
Manila, Jan. 15.—The full surrender of the forces of Colonel Marisigan (who with Major Cabrera and a renegade priest named Castillo, gave themselves up unconditionally on January 10 to General Bell, who is conducting the campaign against the insurgents in Batangas province) occurred yesterday at Taal. The insurgents created a surprise by bringing in 60 more rifles than the authorities thought Marisigan could command in the district of Toaei, which he controlled. They gave up 219 rifles and one cannon. All the insurgents who surrendered did so unconditionally. General Bell ordered the men to be released.
Colonel Marisigan says he can prevail on many more men to surrender during the next few days and also obtain possession of a number of additional rifles. General Bell says the surrender pacifies, for the time being, all the eastern part of Batangas.
Senator George F. Hoar.
THŁ PHILLIPPINE QUESTION.
Senator Hoar Wants a Committee Appointed to Investigate the Administration of Islands.
Washington, Jan. 15.—For the first time this session the Philippine question was touched on in the senate. Interest taken indicates it will occupy the attention of the upper branch of congress for some time when the tariff bill is reported. The Philippines were the subject of an address by Mr. Hoar who spoke on his resolution introduced Tuesday providing for the appointment of a committee to investigate the administration of those islands. Mr. Hoar spoke at some length regarding the unreliability of statements which have been made from time to time, regarding the situation in the Philippines and the causes which led to the outbreak.
He urged that there should be a plan whereby any senator in his official capacity could go and ask for two witnesses to prove the correctness or incorrectness of any question upon which light is desired.
Mr. Lodge, Mr. Hoar's colleague, said he regarded the resolution as a reflection on the Philippine commission of which he was chairman and the necessity for the latter would cease were this resolution to be adopted. His committee, he said, was perfectly able to handle any investigation which might be conducted.
Mr. Carmack agreed with him.
The discussion was leading rapidly to an opening up of the whole Philippine question when it was agreed that the resolution should go over until today.
Mr. Mason made a speech in favor of reciprocity with Cuba and discussed the protective policy generally.
PAGE FOUR—EDITORIAL.
Who is Responsible?
The village of Marathon, N. Y., is now trying to settle a question of responsibility. During the recent flood hundreds of tons of gravel were washed down Hunt's creek which divides the village on the east side of the river. The deposit was several feet in depth and as a result the level of the creek is so raised that cellars in that vicinity are filled with water to the depth of several inches.
Seamans Brothers and Swift & Co., whose cellars were flooded, served notice on the trustees of the village to have the gravel removed. The trustees took counsel with Attorney O. U. Kellogg of Cortland and his opinion was that the village had no jurisdiction over the creek except where it intersected the streets, and that the owners of the property through which the creek took its course were the responsible parties, and that they would be responsible for resulting damages. He advised the board to assume no responsibility outside their jurisdiction and they have not done so.
The abutting property owners don't like this a little bit, and then besides there are certain sections of the creek where the ownership of the abutting property is in question owing to the manner in which it was acquired. The result would seem to be that several legal questions must needs be determined before anybody will move in the matter, and in the meantime the people along the line of the creek in its lower course, whose cellars are already moist at times, are expecting to have to move out when the high water in the spring comes. It is an unfortunate state of affairs all around.
John Truck.
THE TRUCK CASE.
CORTLAND COUNTY'S FAMOUS MURDER TRIAL.
Motion for New Trial to be Made Tomorrow Before Judge A. H. Sewell at Norwich—Claim of Newly Discovered Evidence—What the Motion Alleges—District Attorney Dowd Says It is Only to Cause Delay—Case Will be Pressed to Court of Appeals.
A motion for a new trial for John Truck, who was convicted of murder in the first degree, March 16, 1900, for taking the life of Frank W. Miller of Virgil on March 14, 1899, will be argued before Judge A. H. Sewell at Norwich tomorrow on the grounds on newly discovered evidence.
The motion for the new trial is made by J. H. McCrahon of Syracuse, the attorney for the defendant, and it will be opposed by District Attorney Thomas H. Dowd. The motion makes the following claims:
That witness Tompkins was active in the prosecution of the defendant, having stated matters untrue under promise of immunity from conviction by the prosecuting officers of Cortland county.
That evidence was admitted which tended to prove that the defendant was guilty of having caused the wreck at Preble, when no such specification was contained in the indictment upon which he was placed on trial.
That the court misdirected the jury in matters of law, and the defendant at the trial excepted to the numerous instances to such misdirection; and the said defendant specifies various exceptions and admissions of evidence offered and admitted in behalf of the people, to which the defendant excepted on trial; the various exceptions taken to the exclusion of evidence offered on behalf of the defendant on the trial; to the various exceptions taken to the several refusals of the court to charge the jury as requested by the defendant on the trial.
The evidence is not sufficient to sustain the verdict of the jury.
The verdict is contrary to law.
The verdict is clearly against the evidence.
The verdict is clearly against the law.
The verdict is against the weight of evidence.
There is no evidence in this case to warrant a conviction of murder in the first degree.
Illegal evidence was admitted against the defendant which was prejudicial to him.
The defendant asks for a new trial upon all the exceptions taken by the defendant upon the trial herein.
The defendant asks for a new trial on the further ground that justice requires a new trial, and for each further, other or different relief as to the court may seem just and proper.
District Attorney Dowd, commenting on the motion this morning, said:
"I have made a careful investigation of the alleged facts set forth in the affidavits upon which the motion is founded, and have become satisfied that there is nothing in the papers of which the court will take any notice whatever. The entire motion seems to be made on the strength of the affidavit made by Orvil Pickert, who is now confined in the Onondaga county penitentiary and who naturally, feels unfriendly toward the Cortland county officials, and his affidavit is not to be credited.
"The motion is made simply for delay, and to introduce foreign matter into the argument before the court of appeals. The motion will be denied, and an immediate appeal will be taken to the court of appeals. This will bring the entire matter before that court.
"The case has been noticed for argument in the court of appeals, and if the defendant is not ready to argue the same on the first day of February, a motion will be made to dismiss the appeal."
SIDEPATH COMMISSION
Of Cortland County Submits its Annual Report for the Year 1901.
The following is the report of the Cortland county [bicycle] sidepath commission for the year 1901:
Hon. Joseph E. Eggleston, County Judge:
DEAR SIR—The undersigned, "the board of sidepath commissioners of Cortland county, N. Y.," do make the following report of the proceedings of said board for the year ending Dec. 31, 1901.
At the time of filing the last report there was a balance in the hands of the county treasurer to the credit of the sidepath fund in the sum of $56.16.
The commission has sold during the season 2,797 sidepath licenses, which sum received from such sale amounts to $1,398.50, an increase over the sale of last year of about 180 badges.
During the year the commissioners have received nothing in the way of contributions, making the total amount in the hands of said commission the sum of $1,454.66. The detailed financial statement is as follows:
The vouchers for all the above payments and the several items entering into the same are submitted herewith and will be filed with this report with the county clerk of Cortland county, N. Y.
During the recent year the commission constructed an extension of the Gillett's grove sidepath up to the Tompkins county line. At the time sad path was constructed the Tompkins county commission agreed to finish the construction of their path and join us at the county line, but have failed to do so.
A committee of the commission appeared before the board of trustees of the village of Homer, N. Y., and secured their consent for the construction of a sidepath extending from the gas house, to the foundry corner in said village, which path was constructed much to the gratification of the commission and the wheelmen in general, as this was a much needed path being located as it is between the city of Cortland and the village of Homer, and the commission feel very grateful to the trustees of the village of Homer for their courtesy in the matter.
The spring of the year found our paths in a very ragged condition caused by high water which washed away whole sections of the path, and also by the promiscuous and heedless driving upon the paths during the wet weather in the spring when the bed of the path was soft, cutting them up in places so that one could not recognize the first semblance of a sidepath. This caused expenditure of the greater part of our revenues in replacing and repairing the paths so destroyed; in the items for repairs in the foregoing statement quite a portion of that amount was expended in completing the Truxton sidepath, also for weeding the several sidepaths during the season, but these amounts are so mixed in the pay rolls that we are unable to separate them.
The commission thought best to continue the system of sidepath police in order that the sidepath law should be enforced and to arrest all persons detected in violating the same.
Several arrests were made during the season for the violation of the law in different ways, most of the offenders, however, pleaded guilty when arraigned and paid their fines. In one case, however, the party arrested pleaded not guilty. A jury was drawn, the case tried and submitted, the jury finding the defendant guilty, and the justice fined the defendant $15, which was paid. The above party was arrested for driving cattle on the sidepath, and when warned not to do so, said that "if they did not want the path driven upon they had better take it out of the road or fence it in."
It will be necessary for the commission the coming year to top dress nearly all of the paths or so far as their means will allow.
Altogether the commission feel that they have had a very prosperous year and feel encouraged in that the wheelmen seem to be taking a greater interest in sidepaths as shown by the increased number of badges sold.
All of which is very respectfully submitted.
ELLIS M. SANTEE, Chairman.
H. L. DeCLERCQ, Secretary.
H. L. BEBEE, F. V. BENNETT, C. H. DANES.
Dated Dec. 31, 1901.
UNIVERSALIST CHURCH ON FIRE.
Started in Ceiling Above a Lighted and Unprotected Gas Jet.
What might have been a very serious fire was discovered in the Universalist church last night at about 9:45 o'clock, at which time the church was holding its annual meeting. Willing and anxious hands set forth to put out the blaze and after a hard struggle they came out victorious. A fire alarm was sent in and the companies responded, but the fire was extinguished without the aid of the hosemen.
The fire started from a gas jet in the basement in what is used for the Sunday-school room. The members of the church were holding the annual meeting in the room adjoining. The ceiling is low in the basement of the church and a reflector had been fastened above the gas jet to protect the wood ceiling from the heat. The screw that held the reflector in place, however, was heated red hot and fire caught from this into the ceiling. Some little time before the fire was discovered, Mr. W. W. Kelsey, who sat near the door between the two rooms, heard something drop in the adjoining room, and he opened the door and looked into the room, but saw nothing out of place. This proved afterward to be the fall of the reflector.
More than a half hour after this Mrs. G. E. Ashby retired from the meeting, and going into the Sunday-school room she was horrified to see the ceiling all on fire. Her cries brought help and with the men to throw water and the women to draw it, the fire had to give way. The pastor did gallant work with an axe in chopping out the ceiling in order to get to the flames, and all worked like heroes. The floor above which is three boards thick was a hard proposition, but the fire which had gotten thoroughly started in this, was finally checked.
The damage will not be heavy and is fully covered by insurance.
BREVETIES.
—Mr. D. R. Shults claims the honor of being the first one to pay his city taxes this year.
—The kindergarten association will meet at the Normal kindergarten tomorrow afternoon at 3:30 o'clock.
—Canastota is to secure $10,000 from Andrew Carnegie for a library provided it will pledge itself to raise $1,000 a year for its support, and will also furnish a site.
—Mrs. George H. Smith entertained sixteen ladies at tea last night at her home on East Main-st. Whist and music followed and formed a very pleasant entertainment for the evening.
—The STANDARD is indebted to Mr. Arthur H. Bennett, formerly of Cortland, now of Charleston, S. C., for papers of that city containing an account of the arrival there of the famous Liberty bell which has been taken down there from Independence hall, Philadelphia, for the exposition.
—The last number of Hub, a trade paper of the carriage builders, contains the portrait of Bruce I. Norton, the new vice-president and manager of the Groton Carriage Co., and of C. E. Thompson, the new general manager for Keator & Wells, both Cortland men, together with a complimentary sketch of both and also a reference to H. J. Lewis, another Cortland man who has recently become connected with the Groton Carriage Co.
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