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.