Cortland Evening Standard, Wednesday, November 12, 1902.
RECIPROCITY TREATY.
Just Negotiated With Newfoundland. Attitude of New England Senators.
Washington, Nov. 12.—An important feature of the reciprocity treaty just negotiated with Newfoundland is a safeguard against the differential in favor of all goods entering Newfoundland from England or any of the British colonies.
This differential in the case of the Dominion amounts to 33 percent, which is a very heavy handicap upon imports from the United States. It is true that the differential has not yet been imposed by Newfoundland upon our goods, but lt is learned that it was the purpose to do so and that the result would be the loss of most of the trade with Newfoundland is not doubted here.
As it is the treaty provides against the imposition of the differential duties. This in the case of flour amounts to a margin large enough to warrant the expectation that the United States will continue to command the trade in that line.
The attitude of the New England senators to the new treaty is problematical; they have committed themselves to a treaty in theory, but it is not yet known whether they will accept the details of the new arrangement.
HONOR AMBASSADOR WHITE.
Representative Berlin Gathering Tender Him a Banquet.
Berlin, Nov. 12.—Members of the cabinet and of the reichstag, scientists, authors, journalists, financiers and manufacturers, comprising as representative an assemblage as Berlin has seen in years, gave a dinner last night in honor of former Ambassador Andrew D. White, Home Secretary Posadowski-Wehner presided. The dinner was given in the same hall that was used 21 years ago upon the occasion of a similar dinner to Mr. White.
Count Von Posadowski-Wehner, in proposing the health of Emperor William and President Roosevelt, spoke of the emperor's great admiration of the magnificent development of the United States; he commended the vigor with which President Roosevelt had conducted the affairs of the nation after being called suddenly to their administration and praised Mr. White's unusually meritorious services to is country abroad. Professor Harnack in his speech proposing Mr. White's health said: "Representatives of every variety of German public life are here, but we are only a small portion of those throughout Germany who feel reverence for you. We beg you to widen these walls to the boundaries of the empire."
Professor Harnack eulogized the spirit of Mr. White's work on the conflict of science and theology, and said the Prussian academy of sciences was proud to number the author of this book among its members. "Scholars are seldom diplomats, and diplomats are seldom scholars, but you," said Professor Harnack, "stand on the list with Wilhelm Von Humboldt, Niebuhr Bancroft and Waddington. The United States, like Germany, has its face turned toward the light."
In reply Mr. White said: "As I look over this assemblage representing so much that gives strength and honor not only to this city, but to the empire; as I recall the personal assurances which have been made to me and the greetings which have come to me dur ing the past week, not only from Germans at home but from Germans beyond the seas, I can only thank you all both the present and those absent from the depth of my heart and assure you that so long as my life shall last the remembrance of these days will remain among my most precious possessions."
Teacher Died of Smallpox.
Rochester, Nov. 12.—Carrie L. Gilbert died at Hope hospital of smallpox. Miss Gilbert was a kindergarten teacher of No. 17 school. She was stricken with the disease about three week ago while visiting friends in another part of the city. There are now 33 small pox patients at Hope hospital.
PAGE FOUR—BRIEF EDITORIALS.
Clearing the Way For Panama.
The official report of Attorney General Knox in reference to the title to the Panama canal franchise and property, announcing the conclusion that "the United States will receive a good, valid and unencumbered title," settles an important question in the preliminary work of digging the isthmian waterway.
The only obstacle now remaining is the lack of an adequate agreement with the United States of Colombia concerning the terms upon which the government of that country will transfer the concession to the government of the United States of America. A protocol was signed last May by Secretary Hay and Minister Concha of Colombia, but this had to be modified to conform with the Spooner act subsequently passed by congress.
Minister Concha seems now inclined to place obstacles in the way of the consummation of the treaty, he having apparently taken umbrage at the action of the United States in safeguarding the Panama railroad during the revolution on the isthmus. While this has caused the state department at Washington some annoyance and occasioned direct communication with the Bogota government, it is not believed that it will long delay negotiations. The matter is of so great importance to both countries that it is hardly conceivable that any serious difficulty can arise to prevent the promulgation of a mutually satisfactory treaty.
◘ Hobart college, the Protestant Episcopal Institution at Geneva, N. Y., has been without a president for two years, and run by a committee of the faculty. Now there is to be an effort made to secure for the presidency Rev. Dr. R. R. MacGregor Converse, who was for ten years chaplain of the college, and is now rector of St; Luke's in Rochester. Hobart college has been established seventy-six years, and bears the name of perhaps the most eminent churchman of that day, Rt. Rev. John Henry Hobart. A singular fact is that of the average number of 100 students, more than seventy-five, are supported by scholarships, and this is scarcely a healthy condition of things.
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| Benn Conger. |
THE CASAR CASE.
Progress of Interesting Trial for Blackmail.
GROTON PARTIES WERE CONCERNED.
Prosecution Presents a Chain of Circumstantial Evidence—Handwriting Experts' Testimony a Prominent Feature in the Contest—The Alleged Crime Described.
Residents of Cortland county are considerably interested in the case of The People vs. Harlow Casar now on trial in the Tompkins county court at Ithaca, the charge being that the defendant attempted to blackmail Hon. Benn Conger of Groton out of $12,000 on the night of Aug. 9, 1902.
The alleged blackmailing letter is as follows:
Mr. Ben Conger:
We want $12,000, $6,000 in gold, $6,000 in bills, in a strong black sack, and left on the Brooks farm south of your village on Aug. 9, next month, at 11 o'clock at night. You leave the money on the south side of the small old building south of big barn on east side of road. Drive close up to west end, get out and walk a few steps close side of building until you come to the fence. Leave the sack with the money in it in corner of fence and building. If you don't give the money up as we tell you by God we will kill you for an example so that the next one that we strike (and that will be your brother) will have sense enough to give up the money. We mean business and will have the money or your life.
July 28, 1902.
The following is the Ithaca Journal's account of the procedure of the second day of the trial:
At 3 o'clock this (Tuesday) afternoon more than twenty witnesses had been sworn by District Attorney Blood for the prosecution. It is not likely that Casar's fate will be determined before tomorrow night, as his counsel M. M. Sweetland also has a well prepared case in defense, which will be likely to occupy an entire day after Mr. Blood has concluded.
So far the contest has been hard fought. While Mr. Blood is doing all in his power to convict the prisoner upon the circumstantial evidence, Counsel Sweetland on the other hand is persistent in the interests of his client.
The Case Presented.
In presenting the case to the jury, District Attorney Blood said he proposed to prove the guilt of the prisoner by the network of circumstantial evidence that was formed about him. He said that fundamentally Casar, whatever was his purpose, appeared at the identical spot, and at the precise hour stipulated in the threatening anonymous letter which Mr. Conger had received. Furthermore, he went through the motions that would be carried out by the person seeking the money bag, containing the $12,000, which Mr. Conger had been ordered to leave. The fact also that Casar disregarded the order to halt and throw up his hands, but instead ran to the wagon saying "shoot and be damned," was strong evidence of his guilt.
Much stress was laid by Mr. Blood upon the fact that after running his horse at a high rate of speed all the distance home, Casar left the animal in the stable without giving the slightest attention to the bullet wound it had received in the leg. He said Casar went immediately to his room and to bed, without even notifying his family of the thrilling experience he had passed through, which he afterwards characterized as a chase by highwaymen,
Mr. Blood further said he intended to prove that Casar wrote the threatening letter to Mr. Conger. This evidence, he said, would be produced through handwriting experts. He said he visited Casar's home shortly after the arrest and obtained strong factors of evidence. In Casar's room he found envelopes, of the same size, shape, weight, and quality of paper as the one in which the anonymous letter was sent. He said he could show that the envelopes were identical, because of a certain defect in the machine that made them, as the mark of this defect showed itself on every envelope. The paper found in Casar's room, he said, was also the same as that upon which the letter was written. The fountain pen found in the prisoner's room had one defective point, and Mr. Blood said that upon being examined under a microscope the writing in the letter showed characteristics to prove that it had been written by this defective pen. The ink in the pen, he said, was identical in color and quality to that upon the paper. When Mr. Blood attempted to display some envelopes and paper the prisoner's counsel objected strenuously to any exhibits being made until offered in evidence. It was evident from the incident that the contest was to be bitter. From then on throughout the trial, objections were offered at the slightest provocation and the prosecution had some difficulty in producing certain points of evidence.
The First Witness.
The first witness was Mr. Conger upon whom was perpetrated the blackmail. Mr. Conger testified to receiving the letter, notifying the sheriff of its contents, and preparing the decoy sack of black material which, instead of gold and bank notes, he filled with iron washers and brown paper. He said he caused the demands of the letter to be carried out in every detail, but that instead of taking the sack to the Brooks farm himself, that part had been detailed to George Stephenson. He said Casar entered his store at 10 o'clock and purchased a cigar, and that all Casar said was that he had not been to town before in a year. Witness said he left the store at 10:30 o'clock and on his way to the barn saw Casar and John Collins sitting on the hotel porch. He said Casar followed to the corner and watched his movements.
On the cross-examination Mr. Conger was asked if Casar bought some peppermint, or anything besides a cigar. He answered "No."
George Stephenson testified that, wearing Mr. Conger's hat and coat, he drove in Mr. Conger's buggy to the Brooks farm where he deposited the decoy sack at 10:45 o'clock. He said a voice from within the barn, which he recognized to be Arthur Townley's, said "drop it," and that he did drop the sack within 2 1/2 or 3 feet from the corner of the fence where it joined the barn. He said he ran into a wheel barrow standing close to the barn and that he reached over this in order to drop the sack near the corner of the fence. Mr. Stephenson was closely cross-examined as to the exact position of the wheel barrow.
Witness Tells of the Shooting.
One of the two men in the sheriff's posse who were stationed inside the Brooks barn was Stacey F. Bullard who lives on the Brooks farm. Being the fourth witness called, he testified that together with Arthur Townley he took his position at about 8 o'clock. He said he beard Stephenson who came with the decoy sack, and that about twenty minutes later the white horse, which later turned out to be Casar's, came along and stopped at the building. Bullard said that from where he stood the rear end of the buggy was visible.
On the cross-examination the witness said it seemed to him that fifteen minutes then elapsed before the shooting began. Again questioned by Mr. Blood the witness said it might have been anywhere from 3 to 15 minutes, but because of the excitement it seemed more like 15 than 3.
Counsel Sweetland asked witness Bullard if persons ever stopped at that point for any other purpose than to hunt for a money bag.
"Yes, occasionally," was the answer.
"But," interrupted Mr. Blood, "don't people stop along the road?"
"Yes they do."
"Then they don't necessarily stop at this particular point?"
"No."
"But, you say you have seen several persons stop there," said Counsel Sweetland.
"Yes."
Arthur Townley, the other guard in the barn, whose duty it was to shoot as a signal when the decoy money bag was approached, testified that Casar, after alighting from the buggy, walked along beside the barn and then began feeling around on the ground. He said that he could not see but that he was testifying to what he heard. He said he heard a train approaching, and fearing its noise would interfere with his following the movements of the man outside, he fired. He said he did not hear the sack moved or interfered with in any manner. He also testified that the whole transaction occupied less than three minutes. After firing the signal he ran out of the barn.
This ended yesterday's testimony as regarding the night of Aug. 9. The district attorney then produced his witnesses on handwriting. The most important of all, the prisoner's mother, Mrs. Mary Casar, failed to qualify as an expert, and testimony which it was expected she would supply, was to no avail. The woman did, however, prove herself a loyal mother and a good witness in behalf of her son.
Mrs. Casar is 72 years old, and was summoned as a witness for the prosecution. On the stand she testified to the recollection of a visit to her home by Mr. Blood. Then she gave Mr. Blood a sheet out of her son's memorandum book which she knew was his own hand writing. She could not identify as her son's writing a letter which was then shown her. She said she did not wish to swear positively that her son wrote the letter, neither would she commit herself to the effect that it was his writing to her best judgment. As a consequence the letter was not admitted as evidence and the defense scored a point.
One scrap of paper upon which Casar wrote his name on circus day, July 28 last, was finally admitted in evidence. This was procured from a hostler at Seaman's livery stable. Two receipt blanks of money orders, which Miss Mabel Hinman, an assistant in the Groton postoffice produced, were also allowed as evidence.
Studying Chirography.
At the re-opening of the trial this morning, Charles W. Gay, the cashier of the First National bank, and W. H. Storms of the Ithaca Trust company were called to give expert testimony on handwriting. To Mr. Gay, the first called, thirteen specimens of handwriting were shown. All of these were identified yesterday as being Casar's writing. The witness said that in his opinion they were all written by the same person.
On the cross-examination, counsel attempted to show that witness was an incompetent judge. He asked if ever in his thirty years' experience had his bank been deceived on a signature. "Not through me," answered the witness. Counsel questioned Mr. Gay's ability to recognize the characteristics of one man's handwriting written under different circumstances. He asked if under certain conditions, for instance a farmer doing different kinds of work in different seasons, there might be more difference in his writing than would be shown in the writing of a clerk or bookkeeper who works under about the same conditions continuously. Mr. Gay answered that the characteristics of the writing, under any conditions, would not disappear so that they could not be recognized by a trained eye.
The Anonymous Letter.
The letter which Mr. Conger received was shown to Mr. Gay. After comparing it with the exhibits Mr. Gay said that in his opinion it was written by the author of the exhibits. This was the prosecution's proof that Casar wrote the letter. Counsel's objections to this testimony, upon the ground that nothing had been proven as to the genuineness of the samples of handwriting, were all overruled.
About the same questions were asked of Mr. Storms who also testified that all the exhibits were written by the same person. The witness was not, however, asked to testify regarding the anonymous letter.
George Whipple, the man who arrested Casar on the night of Aug. 9, testified in detail as to the chase, from the Brooks farm to Casar's house.
In the cross-examination of Charles Colegrove Counsel Sweetland succeeded in getting an answer which had been asked and objected to several times prior, as to whether members of the sheriff's posse had liquor on the night of Casar's arrest. Mr. Colegrove said he had a flask with him but that its contents was not touched.
An Important Witness.
One of Mr. Blood's most important witnesses was John A. Clark, an expert on the questions of disputed rights and forgeries. Mr. Blood encountered some difficulty in getting all of Mr. Clark's testimony admitted. Counsel Sweetland succeeded in having ruled out all but four of the exhibits or specimens of handwriting, purporting to be those of Casar. The expert's testimony was, at first, therefore confined to the promissory note offered by the witness [Mott], the two money order receipts obtained from Miss Hinman and the slip of paper bearing Casar's address obtained from witness Mott.
Comparing these, which evidence proved were Casar's writings, with the anonymous letter, witness said they were all written by the same hand. Comparing the envelopes found in Casar's room with the envelope containing the letter he testified that they were of the same shape, size and quality of paper. That the flaps were all cut in the same peculiar curve, showing that they came from the same machine, and that there was a peculiarity regarding the distribution of the gum. This he said showed on all the envelopes in question, and that it was caused by a defect in the machine.
Mr. Clark testified that the ink in the fountain pen found in Casar's room was the same in quality and color as that on the letter, and that the left nib of the pen being longer than the other it left a peculiar characteristic in writing which was readily seen in the letter.
Concerning the characteristics of the formation of the different letters, he said the b was peculiar because of its finishing stroke. In the N. Y., the right knee of the N, and the left knee of the Y were shorter than the other lines and were connected in a peculiar manner. He cited several other such cases which were shown in both the letter and the samples, and proved that Casar wrote the letter to Mr. Conger.
Later in the progress of the trial Judge Almy made a ruling admitting all of the fifteen exhibits of writing offered by the prosecution.
Witness Clark said he had never seen two different handwritings that possessed the same characteristics. Counsel's objection to this testimony was overruled. At the conclusion of Mr. C1ark's testimony court adjourned for the noon recess.
This afternoon Mr. Blood resumed the prosecution. It is possible that the defense will be reached before court closes tonight.
Death of Earl S. Price.
Earl S. Price died at the home of his mother, Mrs. Morris Price, Groton, N. Y., at about noon yesterday, aged 21 years. The funeral will be held from the house at 11 o'clock tomorrow.
HAYES-BURNS.
A Morning Wedding at St. Mary's Church—Many Friends Present.
At 8:30 o'clock this morning at St. Mary's church occurred the marriage of Mr. John Hayes and Miss Catherine Burns by Rev. J. J. McLoghlin, in the presence of a large number of relatives and friends. The bride was attired in a castor color dress and brown velvet hat and carried a pair of pearl beads. She was attended by her sister, Mrs. Anna Sullivan, who was dressed in blue broadcloth and wore a black hat. The groom was attended by Mr. Albert Eddinger as best man. The ushers were Messrs. Thomas Burns and Richard McMahon. The ceremony was very impressive and Father John addressed them on the sacrament they had just received and also gave them words of advice. After having received congratulations, the bridal party, relatives and friends went to the bride's home at Homer to partake of the wedding breakfast. The presents were many, among them were sliver, chairs, lamps, center tables. After a short wedding trip to Watertown they will be at home to their friends at 22 Lincoln-ave. Their many friends wish them health and happiness in their wedded life.
THE DATE FIXED
For the Execution of John Truck—Tuesday at 6:15 a. m.
John Truck will be electrocuted at Auburn prison next Tuesday morning, Nov. 18, at 6:15 o'clock. Several Cortland people have received invitations from Warden J. Warren Mead to be present at that time and witness the execution. They decline, however, to say anything about the affair, as it is urged upon them to observe the strictest secrecy in the matter.
BREVITIES.
—A regular meeting of the L. C. B. A. will be held this evening at 8 o'clock.
—There was an excellent attendance at the Mission band supper and sale at the Presbyterian church last night and a satisfactory sum was added to the treasury.
—The Broome county board of supervisors began its session yesterday by appropriating $37,775 for five sections of good roads to be built the coming summer.
—The vivid flashes of lightning and resounding crashes of thunder shortly before midnight last night would incline one to believe that it was the midsummer season, while the balmy air of today seemed like April.
—New display advertisements today are—N. S. Simonian, Oriental rugs, page 4; Baker & Angell, Shoes, page 5; C. F. Thompson, Turkeys, chickens etc., page 5; C. F. Brown, La Grippe and cold tablets, page 4.
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