TRUCK MUST DIE, NEW STARS FOR THE FLAG, COMMON COUNCIL, SCIENCE CLUB, AND DEATH OF MRS. GERRARD

 

Cortland Evening Standard, Tuesday, March 25, 1902.

TRUCK MUST DIE.

Court of Appeals Affirms the Judgment of Conviction. Decision Handed Down Today—District Attorney Dowd receives a Telegram from W. H. Shankland, Clerk of the Court of Appeals.

Albany, N. Y., March 25, 1902.

Thomas H. Dowd, District Attorney, Cortland County, Cortland, N. Y. People vs. Truck. Judgment of Conviction Affirmed. W. H. SHANKLAND, Clerk Court of Appeals.

   The telegram above tells the whole story.

   Briefly told, John Truck was arrested on March 16, 1890, near Cardiff for murdering Frank W. Miller in the town of Virgil on the night of March 14, 1899, and afterward setting fire to the house which contained his dead body. He was indicted by the grand jury on May 20, 1899. The trial of the case began on Feb. 28, 1900, and was continued till March 16, 1900, when a verdict of conviction was rendered. March 17 Truck was sentenced to electrocution in Auburn prison. Truck was taken to prison March 19 where he has since remained. On the trial the prosecution was conducted by District Attorney Edwin Duffey, assisted by O. U. Kellogg. The defense was conducted by E. W. Hyatt, assisted by N. L. Miller.

   On April 21,1900, motion of appeal from the judgment was served upon the district attorney and clerk of the court. J. H. McCrahon of Syracuse was substituted by order of the court as attorney for Truck and his former attorneys declined to carry the case further. T. H. Dowd succeeded to the office of district attorney and continued the case for the prosecution. The case was argued before the court of appeals on Feb. 13 and 14 by J. H. McCrahon for the defendant and by H. L. Bronson of Cortland as counsel for the prosecution. Decision is just handed down.

   Truck will now be brought back to Cortland for re-sentence.

 

President Theodore Roosevelt.

TALK WITH PRESIDENT.

Conference With Republican Opponents of Reciprocity.

DESIRED EXCHANGE OF VIEWS.

Call Was at the Request of the President—Talk Covered Conditions in Cuba and Means of Harmonizing Conflicting Interests—Unanimity of Action Desired.

   Washington, March 25.—A conference was held at the White House between the president and seven of the Republican members of the house who have been foremost in opposing the plan of Cuban reciprocity urged by the ways and means committee, which plan it is understood has the support of the administration.

   The members were Representatives Tawney and Morris of Minnesota, Dick of Ohio, W. T. Smith of Michigan, Minor of Wisconsin, Metcalf of California and Dayton of West Virginia.

   The call was at the request of the president. He desired an exchange of views to the end that harmonious action may be secured in such steps as shall be taken in behalf of Cuba. A report gained circulation that Secretary Root and General Wood were present during the conference, but this was not the case. Only the president and the congressmen were in the cabinet room. The talk covered the conditions in Cuba, what should be done to meet these conditions and the question of harmonizing conflicting interests so that there may be unanimity of action on the part of the Republicans in congress. It was said afterwards by those who participated in the conference that it was of the most agreeable character.

   The callers were frank to concede that they found the president desirous of extending effective relief to Cuba by the reciprocity plan.

   At the conclusion of the conference the general understanding was reached that any statements made to the public were to the general effect that no conclusions were reached and that the conference was confined to a general interchange of views. It is understood that the president will see some of the members of the ways and means committee today, thus familiarizing himself with both sides of the issue.

 

Tomas Estrada Palma.

INAUGURATION DAY

FOR CUBA WILL PROBABLY BE FIXED FOR JUNE 1.

Government of Island Will Then Pass into the Hands of Cubans—Cuban Congress Will Assemble to Negotiate a Treaty with the United States.

   WASHINGTON, March 25.—The first of June will probably be inauguration day in Cuba. On that day the island will emerge from its chrysalis and become a full-fledged state, under the protection of the United States and Estrada Palma will assume office as the first president of the new republic.

  It has heretofore been expected that the Inauguration might take place as early as the first of May, but after conferences between President Roosevelt, Gov. General Wood and President-elect Palma at the White House, so many important details have been thought of, that it appears to be impossible to complete all the arrangements until a month later. With the induction into office of President Palma, the direct control of the United States of Cuban affairs will cease and the Cubans will come into their own. This does not mean, however, that all the American troops now on the island will be immediately withdrawn. The pledges exacted from Cuba in the so-called Platt amendment have yet to be redeemed. The Cuban congress will at once be assembled, and after it has been organized its first work will be to negotiate a treaty with the United States containing the following pledges:

   That the Cuban government shall not allow any foreign power to obtain control over any part of the island; that it will not go into debt beyond the limits of the ordinary revenues of the island; that it will allow the United States when necessary to intervene for the preservation of Cuban independence; that it ratifies all the acts of the United States in Cuba during its military occupancy of the island; that it will continue the sanitary work begun by the United States; that it will discuss later with the United States the title of the Isle of Pines and that it will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points.

   It is expected that it will be several months after the establishment of the new republic before this important work can be completed, and in the meantime the United States forces will remain on the island. They will, however, take no active part in affairs beyond assisting when necessary in the preservation of peace and order. Not until the treaty, based upon the Platt amendment, has been negotiated and ratified will the United States withdraw its soldiers, leaving only enough men to properly care for and guard the naval stations secured.

   In view of the fact that the congress of the United States will probably adjourn in June, not to meet again until next December, and that during the recess of the American congress, the Cuban congress will be at work framing the treaty with the United States, it follows that the American troops will not be entirely withdrawn from the island until early in 1903. There are now between 5,000 and 6,000 United States soldiers in Cuba. It is not expected that all of these will be retained there until next week, but at least 2,500 of them, it is believed, will spend next New Year's day on the island.

 

PAGE FOUR—EDITORIAL.

New Stars For the Flag.

   The committee on territories of the house of representatives having voted unanimously in favor of bills granting statehood to Arizona, New Mexico and Oklahoma, and there are likely to be three more stars in Old Glory when we celebrate the next Fourth of July.

   In regard to Indian Territory the committee favors a bill giving it a regular territorial government and changing its name to the territory of Jefferson. This will entail some changes of an important character. It is stated that the white elements within the Indian Territory are already in the ascendancy, the last census reporting 202,000 whites to 52,000 Indiana. The work of the Dawes commission in providing for the abolition of communal government among the Indians and the allotment of lands in severally is reported to be nearly completed.

   It would seem that Oklahoma, Arizona and New Mexico are in possession of the qualifications for statehood, and their knock for admission at the door of the Union ought not to go longer unanswered. According to Secretary Hitchcock's report last November, the population of Oklahoma already exceeds half a million and is thrifty, well educated and in an unusual degree American in its antecedents. The population of Arizona is estimated in the same report at a little over 100,000 whites and 20,000 Indians and that of New Mexico at nearly 300,000 whites and 12,000 Indians. In Arizona the whites are nearly all English speaking Americans, but in New Mexico the Mexican element is still large. Secretary Hitchcock reported, however, that the recent rapid growth of the territory from almost exclusively American sources and the good work of the public schools had reduced the percentage of illiteracy from 44 in 1890 to little over 20 in 1900.

   ◘ Mrs. Astor, who is the recognized social arbiter of New York, says that no man can be a gentleman unless he possesses a college diploma. This is rather rough on poor old John Jacob Astor, the fur peddler.

 

COMMON COUNCIL.

Time for Option on Water Contract Extended One Month.

   All the members of the common council were present at the adjourned meeting last night at the clerks office. It was generally understood that some action would be taken in reference to the water contract, as the present contract between the city and the Water Works company runs out April 1, if not renewed before that time. The directors of the Water Works company presented a resolution, extending the time for the city to act from April 1to May 1, and City Attorney Hatch was instructed to draw up a contract to be acted upon by the council. It is understood that very favorable terms have been agreed upon between the city officers and the company, but what these terms are has not yet been given out.

   A resolution of the directors of the Cortland Water Works company, extending the time to May 1, 1902, of the city of Cortland to do any act, or to give any notice mentioned in the contract between that company and the village of Cortland, with the same force and effect as if done or given before April 1, 1902, was presented, read and on motion received and placed on file.

   Mayor Brown reported a communication from Civil Engineers Allen and Farrington, giving the estimate of making surveys and maps of Otter and Dry creeks to determine where they should be deepened and straightened, as $150 for each stream.

   Alderman Richards gave his opinion that this was a very good estimate for the engineers, but not favorable to the city. He thought that some one else should be asked to bid for making the surveys and maps. Alderman Skeele said that the water proposition in the eastern portion of the city was more serious than in the vicinity of Otter and Dry creeks, and before the city interfered with natural waterways it should take care of surface water. Mayor Brown said that the city would take no responsibility in the matter of deepening and widening Otter and Dry creeks, for as soon as it did it would be responsible for all damages in the future. "Syracuse," he said, "had taken a hand in the adjustment of creek difficulties and is now having a lot of trouble thereby."

   Alderman Yager thought that Mr. J. D. F. Woolston would make the surveys and maps of the two creeks at a more reasonable price.

   On motion of Mr. Skeele, seconded and carried, Alderman Yager was appointed a committee to obtain an estimate from Engineer Woolston for the same, and to report at the next meeting.

   Alderman Richards said that there were many complaints from the residents of Crawford-st. in regard to a closet [toilet] that is being harbored by the Cortland Specialty Co., directly in front of houses across the street from the factory. He had presented the matter to a member of the board of health, who had said that his board could not act in the matter, as Crawford-st. had never been accepted by the city. He thought that as this board seemed to have authority to go out into the country and into back yards to make inspections, they would have authority to act in an unaccepted street. He said the closet was built about a month ago at the suggestion of a state factory inspector, and that it was built directly in front of the factory, as there was no ground in the rear that the company could get hold of.

   Mayor Brown said that the health officer had authority in the matter and that he would bring it to his attention at once.

 

GRAPHITE.

Paper by J. W. Orr Before the Cortland Science Club.

   "Graphite" was the subject of the paper read by J. W. Orr before the Science club on Saturday evening. Graphite, together with charcoal and the diamond forms what is called the carbon trinity. It occurs naturally in two forms, crystalline and amorphous, and is widely distributed in nature, it being estimated that there is as much carbon, north of the Mohawk river in the form of graphite as there is south of that river in the form of coal. At the same time, it is not often found so associated as to make it of any value as a source of supply. Crystalline graphite is largely imported from Ceylon, at least 90 per cent of that variety coming from those famous mines; the other 10 per cent coming from the mines at Ticonderoga in New York state and from the mines in Sonoma county, Mexico. Ceylon graphite is used principally in the manufacture of crucible for the production of crucible steel and the melting of other metals, while the native ore is mostly used in graphite lubricants, paint, etc.

   Amorphous graphite, that is, graphite that is not crystalline, is brought almost entirely from German and Austrian mines. This variety is not as pure as the crystalline, and is used largely in the manufacture of stove polish, lead pencils, etc. This latter industry, while not using a great deal of graphite, is still a very important one, giving employment to about 15,000 people. As far as it is known, graphite was first mined at Barrowdale, Cumberland Co., England, and was considered so valuable that military escort was furnished the carts conveying the ore from the mines to the factory. This was in the sixteenth and seventeenth centuries. The mines were only worked for a short period each year for fear of exhausting them, and the annual revenue was about $200,000.

   The present output of graphite is about 60,000 tons annually and is worth from $20 to $350 a ton according to quality.

   Graphite is manufactured commercially by the Acheson Graphite Co. of Niagara Falls, and specimens of their product, and also that of the Joseph Dixon Crucible Co., were exhibited by Mr. Orr, together with specimens of Ceylon, German, and American ores.

 

Death of Mrs. Gerrard.

   Mrs. Alix Gerrard died at 9 o'clock last night at her home in the Gerrard building on Railroad-st., after a short illness from heart trouble. Her age was 48 years. She is survived by her husband and nine children—four girls and five boys, the youngest being 7 years of age.

   The funeral will be held Wednesday at 9 o'clock at the house and at 9:30 at St. Mary's Catholic church.

 

New House Going Up.

   Glann & Clark have the plans all drawn for a new double house to be erected this spring on their lot on the east side of North Church-st. next north of the new residence of L. W. Peck. There are to be eight good sized rooms on each side and all modern conveniences will be placed in the house.

 

BREVITIES.

   —Mrs. W. B. Schenck entertains the Wide Awake Literary club this evening at her home, 75 Hamlin-st.

   —The Ladies' Literary club will meet tomorrow afternoon at 3:30 o'clock with Mrs. C. W. Collins, 18 Clinton-ave.

   —Cortland chapter, No. 190, R, A. M., will confer the M. M. degree at its regular convocation Wednesday evening at 8 o'clock.

   —The date of the Cortland county fair has again been changed because of conflict with other neighboring fairs. The new dates are Aug. 26 to 29.

   — An attempt was discovered Monday morning to rob the Ithaca postoffice. Things were thoroughly ransacked, but nothing was missing. All valuables were in the safe and this was not disturbed.

   —New display advertisements today are—Buck & Lane, Andes stoves, etc., page 6; Bingham & Miller, Easter clothing, page 8; C. F. Brown, Jap-a-Lac for furniture, etc., page 6; M. A. Case, Dry goods, page 6; Family Liquor store, Wines and liquors, page 6; Cortland Fish and Oyster Co., Fresh fish, etc., page 5.

 

FLAG OF TRUCE, MEXICO, HOUSE EXAMINATION, FORCED TO THE WALL, AND GANNON-MURPHY WEDDING

 

Horatio Herbert Kitchener.

Cortland Evening Standard, Monday, March 26, 1902.

WITH A FLAG OF TRUCE

Acting President of Boers Goes to See Kitchener.

CONSIDERED AS SIGN OF PEACE.

For a Week Mr. Schalk-Burger and His Colleagues Have Been Closely Pressed at Rhenoster Kop —Absence of Botha Noticed.

   Pretoria, March 24.—Acting President Schalk-Burger, F. W. Reits, ex-secretary of state of the Transvaal and Commandants Lucas Meyer and Krogh arrived here Saturday on a special train from Balmoral, about 50 miles east of here under a flag of truce. After a short stay they proceeded to the Orange River colony.

   Upon arriving here Mr. Schalk-Burger and his party drove immediately to Lord Kitchener's headquarters, where he had an interview with the British general. The Boers afterwards proceeded to the railroad station and entrained at 5 o'clock for Kroonstad, whence they will go out under a safe-conduct.

   For a week past Mr. Schalk-Burger and his colleagues have been stationed at Rhenoster kop, north of Balmoral, where they have been closely pressed by British columns. Dispatch riders entered Balmoral Friday night and notified the British of the approach of Mr. Schalk-Burger and his party.

   It is reported that the Boer position at Rhenoster kop had become almost hopeless, and that Mr. Schalk-Burger narrowly escaped.

   The Daily Chronicle, commenting on the absence of Botha from the deputation, suggest he is standing aside owing to the failure of his overtures of a year ago, and considers that although the conditions of Lord Kitchener then offered to Botha had been annulled, it is highly probable that peace may still be arranged on similar lines, but that the Boers cannot expect more lenient terms.

   The Daily News remarks that a settlement would be possible if the Boers were treated like civilized combatants, "but men do not surrender unconditionally just after taking one of the enemy's generals and four of his guns."

 

BUSINESS GOOD IN MEXICO.

Considering the Adoption of the Gold Standard.

   Mexico City, March 24.—A general improvement in the cotton movement is noticeable and importers continue to show a great desire to have the government adopt a gold standard. The important interests favoring a continuance of the silver standard are the planters and manufacturers. The former get a gold premium on their increasing exports, while paying wages and taxes in silver.

   The Mexican Herald points out that rents, provisions and clothing are already on a gold basis and that the present situation cannot be indefinitely prolonged.

   General business is good and large orders for machinery plants are being received here from interior points.

 

THE HOUSE EXAMINATION.

WIDOW OF THE DECEASED CONTINUES HER TESTIMONY.

Alleges That Orson House Advised Her to Kill Her Husband with a Pitchfork or Club—The Houses Took All the Milk Checks—She Feared the Houses—Reference to Mortgages on the Stock—Examination Adjourned Till March 29.

   Saturday afternoon Mrs. Bennett, the widow of George Bennett, continued her testimony in the House examination at Marathon, N. Y. She broke down several times and wept during cross-examination and it was only by permitting her to tell her story in her own broken disconnected way that the important features which the attorneys wished to show could be brought out. She told of the preparations to leave the farm and move to Homer; of the objections made by the Houses to their taking certain things from the place; of the trouble between [George] Bennett and the Houses about the cows; and of the visit of Fred Bennett and the officer to the place to get the cattle, and of the threats made by the Houses at that time against her and her husband. She told of her fear of the Houses and of how she stayed in Marathon the night before coming to Homer because she was afraid to stay on the farm.

   The family reached Homer with a load of goods about 1 o'clock on Wednesday, and Thursday morning Johnnie, her son, started for Marathon with the team to get the rest of their things from the House farm. Johnnie did not return Friday nor Saturday nor Sunday, and when Monday came and he did not appear they became alarmed and feared that some accident had befallen him or that he might have been delayed by the high water, and George Bennett started out about 1 o'clock to find him. Mrs. Bennett next saw Johnnie about 11 A. M. on Tuesday when he returned alone with the horses, and she did not see George Bennett again until after the shooting.

   Referring to their trouble with the House she said upon one occasion when she and George had had some difficulty John C. House advised her to kill George, but she refused to do such a thing because she was afraid of God. Upon another occasion Orson told her to kill George, "to take a club or a potato fork and come up behind him and knock him."

   Upon cross examination by Mr. Miller she told of her marriage to George Bennett; of the ill treatment they received after moving to the House farm; of the mortgage on their stock as security for the unpaid rent for the farm where they had lived in East Freetown; and of a subsequent mortgage to Fred Bennett; of the transfer of the first mortgage to the Houses, and of how the Houses kept all the money received from the milk checks to apply upon the mortgage, and even after the mortgage was paid continued to keep back the money; of how she worked the fields with her husband; of not having money to buy shoes or clothing nor even sufficient food; and of how at one time she was going to work for Ed Miller because the Houses ill-treated her so. She said that all the money they ever received from the milk checks while they were on the farm was $7 and some off cents, which George brought her in July. All the milk checks were made out in House's name.

HARRY P. SQUIRES.

   Harry P. Squires, one of the proprietors of the milk station, was called to show that all the checks for milk drawn to the station by George Bennett during the year were payable to O. A. and J. H. House, and that none of the checks were made out in favor of George Bennett.

JOHN LYNCH.

   John Lynch, who lives on the first farm east of the House farm, is the last man, so far as is now known, who saw George Bennett before he reached the House farm on the night of March 3. About 10 o'clock on the night in question he was on the highway leading from Marathon to his home. He was walking and overtook George Bennett about a mile west of Marathon. He spoke to Bennett, whom he recognized and walked with him a couple of rods and then went on and left him, as Bennett was walking slowly. It was snowing some and the night was dark. Bennett had a stick of wood which he was carrying under his arm. The stick was about eighteen inches long and four or five inches wide, evidently a piece of stove wood.

   In reply to questions by Mr. Miller upon cross examination, Lynch said that as he passed on ahead of Bennett he saw footsteps in the road. These tracks were going in the same direction and he observed them for about five rods. Farther than that he did not notice any tracks in the road leading past his house and did not observe any.

   The witness was shown a stick of wood by Attorney Wilson which was marked as defendant's exhibit No. 1, and which he said looked like the stick Bennett was carrying under his arm when he overtook him. It was a piece of stove wood 18 inches long, about 4 to 5 inches wide, and from 1 to 2 inches thick. It was a piece of beech and had the bark on one side.

R. J. ROUNDS RECALLED.

   Deputy Sheriff R. J. Rounds was again recalled to testify to a conversation between John H. House and the sheriff which he heard upon the occasion of their first visit to the House farm.

ALBERTIS TARBELL.

   Albertis Tarbell is the proprietor of the Marathon House in Marathon, N. Y. He testified to George Bennett being brought to his hotel on the morning of March 4 accompanied by Dr. Field, Dr. Parsons, Deputy Sheriff Rounds and John H. House. Bennett was taken into the sample room on a cot and remained there until taken to the morning train for Cortland.

   At this point the district attorney stated that the people had only two more witnesses to call and that they had been unable to reach them with subpoenas. One of these was Mr. Humphrey of East Freetown and he wished to show by him the transaction in reference to the mortgage upon Bennett's stock before the Bennetts moved to the House farm. By the consent of both sides an adjournment was taken to Saturday, March 29, at 10 A. M., when it is expected that this witness will be called and stenographer's notes of the evidence already taken will be transcribed ready for the signatures of the several witnesses. The examination then adjourned and the defendants were brought back to Cortland on the 4:38 train.

 

NEW HARDWARE STORE.

   W. W. Bennett, who for the past six years has conducted a plumbing, tinning and stove business at 37 and 39 Railroad-st., has added a full line of general hardware to his stock and will from this time on carry a complete line of builders' and shelf hardware. The business formerly conducted by Mr. Bennett, which consisted of all kinds of plumbing, heating, and in fact everything in that line except the general hardware stock, will still be carried on by him. The goods for the new stock are nearly all here. Saturday a carload of Sterling stoves arrived, and other goods in proportion are being received.

   Charles F. Waldo, who has had many years of experience in the hardware business, will still continue to assist Mr. Bennett in the business.

 

PECK BROS. NEW QUARTERS.

Showroom, Salesroom and Repairroom at 30 Main-st.

   Messrs. Peck Bros. are now doing business in their new quarters in the stores at the corner of Main and Orchard-sts. The store fronting on Main-st. will be used as a general showroom for harness, robes, blankets and all their smaller goods. In the rear store which faces Orchard-st. will be the repairroom, and their full line of extras for farm implements.

   The large building [former armory and roller skating rink—CC ed.] on South Main-st. will be used for their wagons and farm machinery, and also for storage purposes.

 

FORCED TO THE WALL.

Lynch & Co., Grocers, Close Their Doors—Bill of Sale to Mansur.

   On Thursday, March 20, Lynch & Co., grocers, at 10 Main-st., executed a bill of sale conveying their entire stock of goods and the fixtures of their store to E. M. Mansur of the Corner grocery. The store was kept open until the close of business Saturday night, but this morning the doors were closed. Mr. Mansur will remove most of the stock to his store at the corner of Main-st. and Lincoln-ave., and a portion of it has already been sold.

   For some time Lynch & Co. have been running behind on their accounts and week before last two of their cheeks went to protest. This caused some of their creditors in whose favor the cheeks were drawn to press their claim and on Mon day last they sent their attorney to Cortland to get a settlement. Lynch & Co. made a small payment on account and promised to send a check for another payment on the next day. This they failed to do. Tuesday another creditor sent a bill to a local attorney for collection. Part of this was paid and Lynch & Co. were sued for the balance the same day. Cobb & Co. of Cortland also had a claim of about $1,500 against the firm, upon which they were getting anxious for settlement.

  Will Lynch, who has been conducting the business, attributes the cause of difficulty to slow collections and the urgency of his creditors for settlements.

 

GANNON-MURPHY.

The Ball Player Returned to Cortland for a Fair Bride.

   Bill Gannon, the veteran ball player, who is well known in all the cites of the New York State league circuit, was married yesterday at 1 o'clock at St. Mary's church in this [city] to Miss Katherine Murphy, 2 Taylor-st. They were attended by Miss Mabel Boice and Mr. Patrick Murphy. The bride and groom left last night for parts unknown to spend their honeymoon.

   Gannon has been a ball player ever since he was a lad. He has played in the state league ever since the circuit was formed, and for many years he was connected with the Cortland team, playing in the outfield. No one in Cortland questions his ability to play the game and in all the cities of the state league there has never been a player whom the fans would rather see step up to bat when an exhibition of heavy stick work was desired.

   Mr. Gannon has signed with Louisville, Ky., for this season.

 

BREVITIES.

   —The Cortland Lodge of Perfection meets tonight at 8 o'clock.

   —The large addition to the factory of the Gillette Skirt Co., details of which were given some weeks ago, is now fairly underway and is rapidly approaching completion.

   —Mr. and Mrs. W. M. Booth very pleasantly entertained a small company of friends at their home Saturday night in honor of their guests Mr. and Mrs. George E. Cotton of Syracuse. Duplicate whist was played.

   —A steamer going to a fire in Syracuse Friday afternoon sunk to the hubs in in mud and it required a dozen men and six horses to get it out, and that too after the engine had been jacked up. Meanwhile the fire was extinguished by a bucket brigade.

   —Patrolman E. J. Byrnes has handed to the chief of police, Erving Barnes, his resignation as a policeman of the city of Cortland, which will take effect March 29. Officer Byrnes has been on the force for the past six months.

   —New display advertisements today are—M. W. Giles, Special prices, page 7; S. Simmons, Make room sale, page 6; A. S. Burgess, clothing for Easter, page 8; City Cycle Co., Bicycles, page 4; J. W. Cudworth, Optical Talks, page 7; Sager & Jennings, Drugs, etc., page 6; Opera House, "William Worth Bailey, page 5.

 

THE HOUSE EXAMINATION—PART TWO

 

 

Cortland Evening Standard, Saturday, March 22, 1902.

THE HOUSE EXAMINATION

CONTINUED BEFORE JUSTICE MILLER IN MARATHON, N. Y.

Neighbors Testify Regarding Being Called to the House Home—Physicians Tell of the Wounds—The Trip to Marathon Through the Snow Banks—Sensational Testimony of the Widow of Deceased Man.

   The examination of O. A. House, J. C. House and J. H. House, charged with murder in the first degree in causing the death of George Bennett on March 8, was resumed at Marathon Friday afternoon at 1 o'clock and Dr. Dana continued his testimony. He said that he removed the dressing found upon the limb and proceeded to render the limb as nearly aseptic as possible. He found the limb considerably shortened—about two inches with an evident fracture of the thigh bone. He applied moderate extension and put on aseptic dressing, but did nothing to enlarge the wound at this time. A telephone message summoned him to the hospital at 10 o'clock and he went up and treated the patient.

   Wednesday afternoon a council was called. Besides himself there were present Drs. Higgins, Reese and Sornberger. As a result of the council an operation was decided upon for Thursday morning with a view of removing the broken bone from the thigh. When he saw the patient Tuesday morning his toes were white and cold and there were evidences of arrested circulation from the first.

   Thursday morning the patient was taken to the operating room. An incision was made from the external wound upward and pieces of bone were removed, some quite large, at least 8 inches long, The extremity of the upper bone was broken so as to present long jagged points. The longest projecting point was sawed off and the patient put back to bed.

   Friday afternoon the surgical staff was summoned by telephone to meet Saturday morning and assist in amputating the leg. All agreed as to the absolute necessity for amputation. Saturday morning the operation was performed. It was completed in thirty minutes. There was no loss of blood to any amount, and the patient seemed to rally after coming out from the influence of the ether.

   Between 2 and 3 o'clock P. M. the doctor was again summoned to the hospital and remained until Bennett died at about 3 o'clock. On Friday evening about 6 or 6:30 o'clock the patient had a severe chill. He had a second chill about 4 o'clock Saturday morning.

   The doctor testified that he had no intelligent conversation with the patient at any time. There was no post mortem examination made of the entire body. He did not consider that a wound of this nature without exposure or other intervening cause would necessarily be fatal, and thought there would have been a favorable chance for saving life if proper attendance could have been promptly secured.

   In reply to a question by Mr. Miller as to what was the immediate cause of death the doctor replied: "I think there were so many contributing causes that it would be hard to ascribe death to any particular one."

   "Had you made a post mortem examination of the entire body the cause of death would have been revealed, would it not?"

   "I do not think it would. The effects of the gunshot wound, exposure to the cold, injuries to the blood vessels, the presence of the dead limb upon the body—all were causes of death, and I consider each one of these as contributing to his death."

   Mr. Miller then asked the following: "Suppose you were apprised of fact that this man had been taken 3 or 4 miles in a cutter before the wound was dressed and that the cutter was tipped over on the way, would this have been sufficient to cause such injuries as you have mentioned to tissue and blood vessels?"

   "It might."

   "Suppose the man had attempted to drag himself along the ground and had succeeded in doing it, would such an action have injured the blood vessels?"

   "I cannot look upon it, but that any motion was injurious."

   In response to questions by the district attorney the doctor further stated that the gunshot wound had completely shattered the [leg] bone, but did not think the ball had severed the artery. The injury to the blood vessel caused the formation of a clot which stopped circulation.

SHERIFF OVERTON RECALLED.

   Sheriff Overton was recalled and was again questioned as to what occurred upon the occasion of his first visit to the House farm. He stated that he had a conversation with Orson A. House in which Orson admitted having done the shooting. Orson took him up stairs through his bedroom into the attic to the window and held the gun in position and showed him how the shooting was done.

   Upon cross examination by Mr. Miller, he said: When we went up to the premises John C. House came out and asked us to come in. John C. was shaving. I informed them of my errand and that I came up there to see what the trouble was. The Houses first mentioned Bennett's name and asked if Bennett was dead.

   Orson took us up stairs and showed us how the shooting was done. He said he was excited at the time. His father had heard a noise about the house and had called to the boys that someone was trying to break into the house. John H. went down stairs and got the gun from Orson. Orson took nails from the attic window, raised it, pointed the gun and called "Police, Murder." He asked who was there, and what was wanted and said if he got no reply he would have to shoot. He did shoot several times, seven or eight times. The sheriff then described the trip about the premises in practically the same way as when he was questioned in the morning, and no new evidence was brought out.

ED B. MILLER.

   Ed B. Miller was then called. Mr. Miller is a neighbor of the Houses and lives in the town of Lapeer about 1/4  mile west from them on an adjoining farm. He said that he knew George Bennett.

   On the night of March 3 he returned to his home about 9 P. M. and was awakened about 12 o'clock by some one at the door calling "Ed." He went to the door and asked what was wanted. John H. House was there and said some one was about their house and Orson had shot several times to scare, but did not know whether he had shot any one or not. Orson and his father were about scared to death and did not dare come out. They were afraid the buildings would be burned. A window had been smashed and a door pried open. Miller replied that he could not go as his wife would be left alone with the children and she was afraid to stay alone. John H. then said he would go and see if he could get Harry Gleason. Miller testified that it was a cold windy night and was snowing some. It was quite light. House appeared scared when he came to call him and his voice trembled.

MRS. ADDIE MILLER.

   Mrs. Addie Miller, the wife of Ed B. Miller, the previous witness, was called and corroborated the testimony given by her husband.

HARRY H. GLEASON.

   Harry H. Gleason, a farmer, who lives about 1/2 mile southwest from the Houses, across the fields, was then called. Gleason told a straightforward story and related in detail his being aroused by John H. House on the night of March 3, and going with him to the house. He said they found tracks as of two persons about the house. He told of the finding of Bennett and how he was taken to Marathon to the office of Dr. Field.

   Mr. Gleason said: "On the night of March 3 I retired about 8:30 o'clock. About 12 o'clock I was awakened by some one calling, "Harry." I got up and went to the door. My father-in-law who lives with me heard the calls and reached the door just before I did. I asked what was wanted. In reply the party said, "It is House and I want you to get up and come over home with me." My father-in-law opened the door and John H. House came in. He said, "There is a gang over at our house breaking doors and windows. Orson and pa are about scared to death and I volunteered to come out and get some help." He had been at Miller's and Miller could not go with him.

   As soon as I was dressed we started for the house. The wind was blowing and it was snowing some. I took a lantern with me and before getting to the house I stopped and proposed lighting it. I said Orson might take us for robbers and shoot us. I was more afraid of Orson than of any one whom I might find about the premises. John H. said there was no danger from Orson and I did not light the lantern. John C. let us in at the front door. John C. and Orson were in the kitchen. One of them said that some one had broken in a window and they wanted me to go out and look about the place. John H., Orson and I went out with the lantern. The lantern had a large reflector and gave a bright light. I found two tracks going from the front door up to the house. We came to the outhouse and John C. and I kicked the door and then first saw blood. I knew some one had been shot. John H. said, "Good God, you have hit some one." I said ''Yes, and you have hit him hard." We went on around the house and as we came to the front, I found fresh tracks made by a new boot or rubber. I followed these tracks down to the road. We then came around to the storm door and found Bennett in the storm house. He was lying on his left aide on the floor with his face toward the house proper. I asked who he was and received no reply. The man said he was cold and I put a pair of mittens on his hands. He afterwards said his name was George and that he lived in Homer, N. Y., and also said he lived here.

   John H. heard us talking and came around the outside of the house to the storm door. He said, "George Bennett is this you?" The man replied, "Yes." John H. and John C. started for the barn to get the horse and cutter to take Bennett to Marathon. John H. came back and said he did not know how many there were around here and Orson had better go as he had a gun. John C. and Orson then went for the horse and John H. and I stayed with Bennett. When the horse was brought up Bennett was helped into the cutter with John H., and I followed with the lantern for about a half mile. Then I got into the cutter to drive and John H. held Bennett in the cutter. Near Mr. Landpher's place the cutter tipped over. The horse started to run and I drove him into the deep snow about two lengths of the rig from where we tipped over and stopped him. We backed the rig up to where Bennett lay. He had fallen partially upon his head and was resting upon his knees in the snow 6 or 8 feet from the track. We got Bennett back into the cutter and I asked him if he was hurt. He said "Yes, awfully." Once John H. asked if he was dead, and Bennett replied "No, I am not dead." When we reached Marathon we went direct to Dr. Field's house on Main-st.

   I called the doctor and said that we had a man there who was very low and wanted him to come down immediately. The doctor said he would attend the man that night, but stated that he could not give him any further attention, as he was obliged to go away. House and I carried Bennett into the doctor's office and laid him on a cot, then I went for Eugene Watrous, the poormaster. I told the doctor that Bennett had been fooling around the place and that they had shot him in the leg. I was gone thirty or forty minutes. Watrous returned with me, but stated that he had no jurisdiction in the case, as it was not for the poormaster to look after. I then went for Deputy Sheriff Rounds and Dr. Parsons. John H. House declined to assume any responsibility in the matter. Dr. Field stated that the man's pulse was very low and that the chances were that he would die. I then went directly home. The next morning I went to the House farm again and went directly to the big barn. The two Johns were milking. I asked John H. how Bennett was getting along when he left him. He replied that there had been no change after the time I left.

   The witness then described the conditions as he found them about the premises on a subsequent visit, and in the main corroborated the testimony given by Sheriff Overton. He stated after an examination of the blood spots that he would say that Bennett had walked or crawled into the stormhouse on his knees. When he first went into the house Orson had stated that he had done the shooting, and had come near shooting himself once. John H. House had stated that he thought there had been more than one person about the premises and I also thought so from the tracks I discovered.

(Contined on second page.)

   Upon the cross examination by Mr. Wilson, Mr. Gleason stated that he examined the fresh tracks leading from the house quite thoroughly and he was positive that these tracks were made after he and John H. had entered the house and before they returned after going about the place. Bennett had on well worn felt boots, a dark coat but no overcoat or mittens.  Before starting for Marathon Bennett said the roads were good from there to Marathon. The trip to Dr. Field's occupied from forty minutes to an hour. It was very cold. We remained in front of the doctor's office about fifteen minutes before going in.

MRS. ANNA GI.EASON.

   Mrs. Anna Gleason corroborated the testimony of her husband in reference to being awakened by the calls of John H. House when he summoned Mr. Gleason.

THOMAS HUDSON.

   The last witness of the afternoon was Thomas Hudson who testified to a conversation which he had with John H. House two or three days before the arrest was made, in which John H. stated that he had received a letter from some one in Homer saying that Bennett's team was in the barn in Homer when Bennett was at the House farm. Witness told House that he did not think this could be so. as he had been informed that the team was in Messengerville, where the boy had been obliged to wait on account of the flood.

   This concluded the examination of witnesses for the day, and the examination was adjourned until 10 o'clock Saturday morning.

SATURDAY MORNING.

   The examination was continued Saturday morning at 10 o'clock. The hall again was crowded with an eager and expectant throng.

   Deputy Sheriff Rounds was the first witness called. He testified to going to the house of Dr. Field on the morning of March 3rd, being summoned by Eugene Watrous, poormaster, who came for him. He stated that John H.  House, one of the defendants, was there with Bennett. He had some conversation with Geo. Bennett. I asked him, said the witness, if he had broken any glass up there, and he said he had not. I also asked him if he had smashed any doors; he said he did not. Upon cross examination by Mr. Miller, Mr. Rounds said: I went with Watrous to Dr. Field's and found there Dr. Field, Dr. Parsons, John H. House and George Bennett. The doctors were dressing Bennett's wounds. John H. House was in the room. Watrous and I searched Bennett's clothes, and I then went for Dr. Baker. We got a cot and pillow, put Bennett on the cot and took him to the hotel. I had some conversation with John H. House. John said that the man had been up around their place and had been trying to break in and had broken the glass in the windows and they had shot him. I asked him who had done the shooting and he said that he did not know whether it was Orson or his father that had done it.

   During the cross examination of this witness the attorneys got into a heated discussion as to the admissibility of some of the evidence.

JOHN YOUNGS.

   John Youngs was called. He is the father-in-law of Harry Gleason who was called yesterday. He corroborated the evidence of Mr. Gleason in relation to John H. House coming to their house and calling them on the night of March 3. He testified that he was the one who had opened the door and let John in. John said there was a gang over there breaking in doors and windows and they said they were going to burn the house, Harry dressed and went over with John. Harry asked if he had better take a gun. House said if you have a gun or revolver you had better take it along, for I do not know what is there. They took a shot gun along with them.

HARRY P. GRAY.

   Harry P. Gray, jeweler and surveyor, testified to being at the premises of the defendants on March 21 for the purpose of making some measurements about the house and buildings. He measured the distance from the outhouse to the woodshed which was 14 feet; and from the outhouse to the door of the woodhouse it was 36 feet; and from the outhouse to the window in the second story it was 40 feet. Upon the photographs of the premises which had been offered in evidence he pointed out the bullet holes in the sides of the outbuilding, and stated that he had found three holes. Two of these holes were about 6 inches apart, and the other was lower down, about 30 inches above the sill. These holes were on the south side of the outbuilding. He found two holes on the opposite side of the building, one 32 inches and the other 32 1/2 inches from the ground, about the same distance apart as those on the south side. From the outhouse to the east door of the woodhouse the distance is about 68 feet. He examined the bullet holes in the woodhouse. From the angular deflection of bullet holes the witness did not think that they could be made when the woodhouse door was open. Upon cross examination he said he was not there in the interest of any one except the district attorney. Deputy Sheriff Rounds was with him when he visited the house Friday.

DR. HENRY FIELD.

   Dr. Henry Field testified that he remembered the call on the morning of March 3, when Geo. Bennett was brought to his house. He testified about the wounds in much the same manner that Dr. Dana described them yesterday. Bennett was brought in, he said, and I gave him a small quantity of brandy and strychnine. We then brought a cot from the attic, placed Bennett upon the cot and proceeded to dress the wounds. Dr. Parsons was sent for and he assisted in caring for Mr. Bennett. John H. was present in the room. After the wound was dressed Bennett was taken to the Marathon House, where he remained until taken to the train for Cortland. In reference to a conversation between House and Bennett the doctor said he heard House ask Bennett why Bennett was there at that time of the night breaking windows and doors and trying to get into the building. Bennett made no reply. The doctor asked Bennett why he was there at that time of the night. Bennett replied that he went there to get his goods.

DR. BURT R. PARSONS.

   Dr. Burt R. Parsons testified to assisting Dr. Field dress Bennett's wounds and said he was with Bennett about an hour. While he was there Rounds asked what he was there for, and Bennett replied that he was after his team. Dr. Parsons went with Bennett to the Marathon House.

MRS. JENNIE BENNETT.

   The last witness of the forenoon was Mrs Jennie Bennett, wife of George Bennett, deceased. Mr. Miller objected to the district attorney's examination of Mrs. Bennett on certain points, claiming that the transaction referred to did not bear on the case and was inadmissible as evidence. The district attorney said he proposed to show by this witness the motive of the Houses in this transaction, and in order to do so be must be permitted to go back to the beginning of the relationship between House and Bennett.

   Mrs. Bennett stated that prior to February, 1901, she lived with her husband in East Freetown. Some time in February of that year John H. House came to their place, and an arrangement was made with them to move to the House farm. When the Bennett's moved they had fifteen head of cattle, three horses and thirty-one hens. The Houses had sixteen cows and four yearlings. Mr. and Mrs. Bennett occupied rooms in the back part of the house. When asked regarding the first difficulty between her husband and the Houses, she said that on July 20th some trouble arose over some yearlings which had been shut in the barn and which a man was going to look at the next with a view to purchasing. When the rest of the cattle were turned into the pasture John H. discovered that these yearlings were in the barn and he chased Geo, Bennett in the house threatening and swearing at him at the time. He threatened to stamp the life out of him on another occasion. Bennett was hitching up to go after a load of corn when the two Johns threatened him. On another occasion in January or February they had some trouble in the barn when old John threatened to kill George. In January young John came to them and said he had another man for the place and asked them to go away March 1. Upon another occasion John H. said to George, if you take a spear of hay or straw when you go you will never leave the premises alive.

   At this point an adjournment was taken till l o'clock.