JOHN TRUCK ELECTROCUTED

 

Cortland Evening Standard, Tuesday, November 18, 1902.

TRUCK ELECTROCUTED.

Penalty Paid for the Murder of Frank W. Miller in Virgil on March 14, 1899.

END OF A HIGHLY CELEBRATED CASE.

Execution occurred at 6:30 this morning—Truck died without uttering a word and without a tremor—1750 volts and eight amperes of electricity applied—History of the case—A long legał battle—Convicted in 1900, carried to Court of Appeals, decision affirmed—Two Commissions in Lunacy examine Truck—Appeal in vain to United States Court—Appeal to no purpose to Governor for Commutation of Sentence—Truck confesses to Dr. Dana that he killed Miller in a quarrel.

   Auburn, N. Y., Nov. 18.—With eyes fixed immovably on a crucifix which he carried in his hand, John Truck, the Cortland county murderer, walked to the chair of death in Auburn prison at 6:30 o'clock this morning and accepted his fate resignedly. Two Catholic priests attended him, reciting prayers until the shock came. Truck made no response and died without uttering a word and without a tremor. State Executioner Davis applied 1,700 volts and eight amperes, repeating the shock until the doctors' stethoscopes indicated that the heart had ceased to beat. This was only five minutes after the witnesses had gathered in the death chamber. The autopsy followed in less than three hours.

History of the Case.

   The history of this case is so familiar to most of the residents of this vicinity that it scarcely needs reviewing, but briefly stated is as follows:

   Frank W. Miller, a bachelor about 40 years of age, was living alone upon his farm in a lonely district among the hills in the town of Virgil, this [Cortland] county, prior to March, 14, 1899. He was last seen alive at about 6 o'clock on the evening of that day by his mother, Mrs. Elizabeth A. Miller, when he left her home, which was the nearest house to his own and about a half mile distant from it. At about 11 o'clock that night his house was discovered to be on fire by another neighbor, John S. Patten. The alarm was given and other neighbors were summoned, bnt without means for fighting the fire they were powerless to save the house, which was a small wooden structure a story and a half high. While they were standing about the blazing building they saw upon the floor of Miller's sleeping room an object which was subsequently identified as the body of Frank W. Miller. By means of poles, a rake and a fork they were able to draw it from the building before it had become so far consumed as to prevent identification.

   At about the same time it was discovered that one of Miller's horses and a wagon were missing from his barn. Just before the fire was discovered that night other parties met and recognized as Miller's this horse and wagon with a single occupant being driven rapidly away from the Miller house.

Truck Arrested.

   On March 16, two days later, John Truck was arrested near Cardiff in Onondaga county, having upon his person a suit of clothes and an overcoat which were subsequently identified as being Miller's, wearing Miller's watch and having in his possession the horse and wagon taken from the Miller house. Other property identified as Miller's was also found at Truck's home in Homer.

   John Truck had been a resident of Homer for several years. Prior to that he had lived in Cortland, in Virgil near the Miller house and there he had known Miller, in Preble, Tully, and in Christian Hollow near Cardiff where he was arrested. He was a farm laborer and a thresher, having had charge of a steam engine in threshing time. He had served a term in Auburn state prison for stealing and killing a cow in Christian Hollow some years before. He was known to have been at Miller's house and in its vicinity for two days prior to the fire. He had told several of the people in that vicinity that he was looking for a horse. On the day before the fire Miller had told his mother and one or two others that Truck had been at his house till late the previous night. Truck explained the fact that he had Miller's horse and wagon in his possession by saying that he had bought them of Miller for $75, on the evening before the fire. He was not able to give a satisfactory explanation as to where he got the money. He said he left Miller's house between 9 and 10 o'clock that night driving his newly purchased horse and claimed that the last thing Miller had said to him as he was departing was that he must now go in and fill a lantern in which the oil was running low.

Convicted of Murder.

   Truck was charged with murder in the first degree, and was indicted by the grand jury of Cortland county on May 20, 1899. The trial of the case began on Feb. 23, 1900, before Judge Albert H. Sewell, and was continued until March 16, when the jury brought in a verdict of guilty as charged in the indictment. On the following day, March 17, Truck was sentenced to electrocution. He was taken to Auburn prison the following day where he has since continued to occupy one of the condemned cells.

The Jury.

   The following are the names of the jury that convicted Truck of the crime of which he was charged:

   William Salisbury, mechanic, Cortlandville; Elias Crampton, farmer, Homer; Walter Moxie, farmer, Homer; Wells G. Albro, farmer, Taylor; Andrew Brooks, farmer, Taylor; David Ayers, mechanic, Cortland; E. H. Underwood, farmer, Scott; F. J. Saunders, farmer, Truxton; Watts Freer, farmer, Cortlandville; George S. Cady, farmer, Scott; James Youngs, farmer, Marathon; David Wallace, farmer, Truxton.

Change in Counsel.

   Upon the trial the prosecution was conducted by District Attorney Edwin Duffey, who had associated with him Attorneys O. U. Kellogg and H. A. Dickinson. The defendant had been unable to secure counsel and Edward W. Hyatt of Homer had been assigned by the court to defend him. Mr. Hyatt associated with himself as counsel Attorney Nathan L. Miller.

   As the counsel for the defense declined to proceed further with the case, on application of Defendant Truck, an order was granted by Judge Sewell, the justice presiding at the trial, substituting John H. McCrahon of Syracuse for Edward W. Hyatt as counsel for the defendant and on April 21, 1900, notice of appeal from the judgment of conviction was served upon the district attorney and upon the clerk of the court.

Court of Appeals.

   The case was argued before the court of appeals on Feb. 13 and 14, 1902, by Horace L. Bronson for District Attorney Thomas H. Dowd representing the people, and by John H. McCrahon for Truck. Decision was handed down on March 25, 1902, approving the decision of the lower court.

Examined as to Sanity.

   On April 3, 1902, on application of Attorney McCrahon, Governor Odell appointed Dr. Charles W. Pilgrim of the Poughkeepsie state hospital for the insane, and Dr. Selden H. Talcott of the Middletown state hospital for the insane a commission to inquire into the sanity of Truck. These two experts made a careful examination of the case, and declared Truck insane, but wished to make a second examination during the summer. Before that time came Dr. Talcott died on June 15, 1902. On Aug. 26 Governor Odell appointed a second commission to examine into Truck's sanity and this commission was Dr. William Mabon, superintendent of the St. Lawrence state hospital at Ogdensburg, and Dr. Arthur W. Hurd of Buffalo. This commission on Oct. 23, 1902, reported Truck sane at present. Further testimony was taken as to his sanity at the time the crime was committed and he was by the same commission declared to have been sane at that time too. Since he was thus said to have been responsible for his acts Governor Odell refused to interfere with the execution of the sentence.

Appeal to United States Court.

   On Oct. 30 Attorney McCrahon made application before the United States supreme court for a writ of error on the ground that his client's constitutional rights had been prejudiced, but the motion was denied and the last legal hope was gone. A few days ago Attorney McCrahon made a final appeal to Governor Odell for a commutation of sentence, but the governor declined to interfere, and the sentence of the court was executed and the penalty was paid this morning as stated above.

Witnessed the Electrocution.

   The following Cortland county men were present by invitation of Warden Mead and witnessed the execution: Deputy County Clerk S. K. Jones, Dr. H. T. Dana and Delos Bauder of Cortland and Dr. H. D. Hunt of Preble.

   Dr. Dana returned to Cortland this noon and was called upon by a Standard man for any details concerning the electrocution which were not given in the usual press report, but he declined to say a word concerning the execution or to discuss it in any way.

 

Truck Confessed to Dr. Dana.

   The Standard received an intimation from the Auburn Advertiser that Truck had confessed his crime to Dr. Dana and at once inquired of the doctor in regard to it, but that gentleman positively refused to utter a word concerning it saying that it would not be courteous to Warden Mead whose guest he was to talk about this case outside the prison.

   Accordingly inquiry was made of The Advertiser in regard to the confession and a special from that paper to The Standard says that Dr. Dana who was one of Truck's expert witnesses and who saw the execution and the autopsy said today that Truck once confessed to him that he killed Miller in a quarrel and that the accidental overturning of a lamp set fire to the house.

 

Last Day on Earth.

   The Auburn Advertiser of yesterday said: This is the last day that John Truck, the Cortland man sentenced to death in the electric chair for murder in the first degree, will spend on earth and tomorrow at this time the law's stern mandates will have been carried out and Truck will be dead and buried. Notwithstanding the fact that he knows his end is distant but a few hours, Truck bears up well. Warden Mead had just received the physician's daily report on Truck's physical condition when an Advertiser reporter called at the prison this morning and the warden said that the report stated that Truck was in his normal condition. He has eaten well and slept well and the warden expects that he will go to the chair without making a fuss, or without collapsing. Warden Mead said people on the outside had an idea that condemned men were usually in a state of collapse when they went to the chair which, he stated, was a wrong impression. In nearly all cases, the men to be executed sleep well and eat well up to the last but how they schooled themselves to do this he did not attempt to explain. He said this was true in Truck's case.

   Truck's spiritual welfare has been looked after by Rev. J. J. Hickey of the Holy Family church who is the Catholic chaplain of the prison. Truck, when a child, was baptized in the Catholic church, but he never lived up to his faith. When he came to the prison, however, he sent for Father Hickey and since the coming to his cell of the Catholic clergyman the condemned man has accepted the teachings of the church of his boyhood. He seemed eager to learn the lessons of the priest. Father Hickey stated this morning, that he was now in repentant condition. He has become resigned to his death, Father Hickey stated, and would go to the chair as a Christian. Father Hickey will see Truck this evening and prepare him for his fate, and will also be with him when he goes to the chair tomorrow morning.

   State Electrician E. F. Davis who manipulates the switch-board at all of the executions in this state, reached the prison this morning and has been busy during the day putting the death dealing apparatus in shape.