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| Cortland County Judge Joseph Eggleston. |
Cortland Evening Standard, Thursday, March 26, 1903.
ACTUAL TRIAL BEGINS
In the House Manslaughter Case in Cortland County Court.
DISTRICT ATTORNEY'S OPENING.
Testimony of Witnesses for the Prosecution—Map of the Premises Submitted—A Neighbor Tells of Finding Bennett After the Shooting.
The final examination of jurors preparatory to the selection of a jury occurred yesterday afternoon, but too late to be described in last night's issue. It was as follows:
George H. Ackles, farmer, residence Preble: I have an impression of the case. Have no prejudice against the use of firearms where it is justified by law. If I was sworn as a juror I would enter the jury box and give an unbiased decision. Challenged by The People.
James S. Tennant, a farmer, residence Cincinnatus: I read the account in The Cortland County Sentinel. From what I have read I have not formed any opinion. I am not acquainted with any of the defendants. Have no prejudice against a man who is indicted, and upon all questions of law would accept the direction of the court. Excused by defense.
Michael McGraw, a farmer, residence Truxton: I read the account and formed an opinion. 1 could lay that opinion aside, and consider the matter impartially. Excused by defense.
C. M. Carr, proprietor of a creamery, residence Harford Mills: I have a well fixed opinion from what I read. Challenged by The People.
Charles S. Clark, a farmer, residence Scott: I have impression, but it would not have any influence upon my decision. I have no prejudice against the use of firearms if justified by law, but I have some prejudice in the use of firearms to cause the death of a man. Challenged by defense for implied bias. Exceptions. Challenged for actual bias. Not sustained. Exceptions. Juror excused.
Wednesday Afternoon.
Perry Barber, farmer, Cortlandville: I read of this affair in the Cortland Standard, from which I have formed an opinion which I retain up to the present time. I have no prejudice against a man who is indicted and would not permit that fact to raise a presumption in my mind against him. He was retained.
William Dodd, carpenter, residence Blodgett Mills: I read of the homicide at the time and have some impression in regard to the case. I have some prejudice against a man indicted by a grand jury and would not give his testimony the same consideration that I would otherwise. Challenged by defense.
Albertus A. Carley, retired, a resident of this city: I read an account of it and in consequence I have pretty strong convictions which would have their influence upon me, and I could not lay them aside. Challenged by The People.
E. O. Kingman, veterinary surgeon, residence, Cortland: I read of the case in the Cortland Standard but have no opinion in regard to it. I might have some prejudice against a man indicted, testifying in his own behalf, but if his testimony appeared to me to be truthful, I would give it an impartial consideration. Upon all questions of law I would be guided according to the instructions of the court. He was retained at 3 o'clock as the twelfth juror.
Actual Trial Begins.
After three days examination of jurors, during which time sixty-seven jurors had been sworn and examined, a jury was secured yesterday afternoon at 3 o'clock before whom the case is to be tried of The People vs. Orson A. House, John C. House and John A. House. The three defendants, of whom the last mentioned is the father of the other two, are indicted for manslaughter in the first degree in causing the death of George Bennett of Homer in March of last year. The details of the occurrence are familiar to readers of this paper. It is admitted that Orson A. House fired the shot which ultimately resulted in death, but the matter in dispute is the conditions under which that shot was fired.
The three defendants, who have been admitted to bail, are present at court and have been there since the case was called at 10:30 Monday morning. Mrs. Orson A. House, the wife of one of the defendants who has been married during the past year is also present and remains by the side of her husband. The defendants are represented by Dougherty & Miller of Cortland, assisted by Wilson & Wortman of Syracuse.
The District Attorney's Opening.
District Attorney T. H. Dowd opened up the case in behalf of The People. He said in part:
Gentlemen of the jury: You are called here to dispense your high and important duty conscientiously without regard to any feeling whatever that you may entertain. It is an important duty which you have recognized, the defense has recognized, and The People have recognized. Geo. Bennett was struck down in the night, his soul sent before his Maker without any warning, and no feeling should actuate a man in the discharge of his duty. There are two important elements in the facts of the case. The first element is, as to the death of George Bennett, and as to the cause of his death.
The second element to determine beyond a reasonable doubt is that it was done under violation of the law.
Where a man takes a human life he takes that which he has no right to take except, as the court will charge you, as the last resort in self defense.
Now, Gentlemen of the Jury, the only witness who could dispel this gloom and establish the truth, now lies cold in his grave. These defendants made some statements to two officers of the law within a few hours after they had shot that gun, when they did not know that Geo. Bennett was going to die, when they did not know they would be defendants in this case, when they had not employed eminent counsel to tell them what statements would be well to make and what would not.
For a year prior to March 1, 1902, Geo. Bennett occupied part of their farm as their tenant. He was a weak-minded, harmless, inoffensive citizen. His wife was a foreigner, as you will observe later, hardly able to speak the English language. She was a respectable woman, and in every way entitled to the protection of the law. Geo. Bennett got into a controversy with them several times. On two or three occasions John House, Sr., threatened his life.
The Bennetts moved from the House farm to Homer, taking several loads of goods. The roads were in a very bad condition and he was obliged to leave some of them. He sent his son John back after them, and after four days had passed and he had failed to return, fear arose in the father's heart as to what might have happened to him. He started out after his son, a distance of 20 miles, amid all that terrible weather. He was met by a citizen of Lapeer that night who spoke to him, but he failed to make any reply. What was on his mind? The defense will tell you he was thinking of the crime he was going to perpetrate upon the House residence. He had in his pockets some clams and a jackknife, a piece of coal, and under his arm a stick. Now, they will tell you that with those clams and that murderous knife, that dangerous looking piece of coal and that stick of wood, he intended to kill somebody.
Orson House fired the shot which killed George Bennett. John A. House, at the direction of John C. House, went down stairs and got the gun for Orson. Only one man could have fired the gun, but three men are equally guilty. Orson House said he took the gun and through the open window shot towards the door and then fired indiscriminately into the air. In the outhouse they found a pool of blood and bullet holes. They also found blood trailing from this outhouse into the stormhouse, and then into the woodhouse.
Gentlemen of the Jury, keep your mind fixed on this fact: Was that gun fired on him as the last resort in order to save their lives and their property? If you find this the case, deal with them accordingly. If you do not, allow no feeling to swerve you in the discharge of your duty.
The First Witness.
Barry Gray, a resident of Marathon, a jeweler, and also a surveyor, was the first witness called. He testified to having gone to the residence of the defendants last March at the direction of District Attorney Dowd to make some measurements. These with a map made by himself, he produced and they were introduced as evidence.
Harry Gleason.
Harry Gleason, a resident of Marathon, a farmer, called: At the time of the shooting l resided about half a mile from the house of the defendants. Prior to this night of the shooting I knew the defendants for a period of about six months. On the night of March 2, John House, Jr., came to my house about 12 o'clock. It was a stormy night and dark. We went across the lots to the house, and directly into the house through the stormhouse door and then through the door into the main part of the building. We lighted the lantern and John House, Jr., Orson and myself came out and went around the house. As we got to the east side of the house we saw a couple of tracks coming in from the driveway, the toe pointing towards the house. We followed these tracks to the backside of the house to the pump. There were tracks along the walk and around the house to the back of the woodshed and to the outhouse. We also found a quantity of blood. I took the light and went between the outhouse and the granary and looked for tracks. 1 found none. We also came back and went back to the pump. In the meantime we heard a noise and went in to investigate it. John House tried the door and it opened hard. We found a man lying against the door and I made a partial examination of him. John House asked him who he was and he made no reply. I asked him where he lived and he replied, "in Homer." John House, Sr., came in and asked who was there. No one replied and John House, Sr., looked at him and said, "Why, it is George Bennett," and then said, "George, is this you?" and he said "Yes." We put him in a cutter and drove to Marathon. He had on trousers, Prince Albert coat, perhaps mittens, and a cap. His right trousers leg from the knee down had blood on it; in fact, it was very wet. On our way down the cutter upset, tipping over to the north, all of its occupants falling out. I got Bennett up and placed him back in the cutter. I asked him if it hurt him, and he said, "Yes, awful." I helped to carry him into the house when we arrived at the doctor's.
I was at the residence of the defendants the next day. I saw John H. House at the barn milking.
Upon cross examination Mr. Gleason said: I was not in the employ of the defendants, but had contracted for their sugar bush. When John House called at my house that night he appeared agitated and his voice trembled some. He said he came to me for assistance, as there were some people trying to break into their house and that his father and Orson were frightened half to death. I went with him and we took a lantern and a shot gun. When we arrived at the house we went in and lighted the lantern and came directly out of the house. We had with us two guns and a lantern. I led the way east around the house, but was not directed where to go. We saw some tracks and followed them. During our search we heard a noise, something like a jar. We tried to open the door and found it hard to open. When we did get in we found Bennett lying upon the floor. At my suggestion we took him to Marathon. When John. Sr., came in he said, "George, is this you?" and he replied, "Yes." Upon the floor was a stick of wood. (This was produced in evidence). This was lying near him. Attorney Miller also asked the witness if he did not find the latch of the stormhouse door broken, and he said he did. It was produced as evidence (exhibit I) and identified.
Upon direct examination witness said he saw the broken window that night, but did not see any blood around the outhouse.
Upon re-cross examination witness stated that he had some conversation in regard to the footwear belonging to the House family.
John Lynch.
John Lynch, a resident of Lapeer: I lived on the same highway as does the House family. On the night of March 3, 1902, I was at Marathon, and left for home about 10 o'clock. I met George Bennett that night going west toward the house of the defendant. He was walking very slow. It was a dark night, and I should not have known him if I had not had a lantern. He had with him a stick of wood.
Upon cross examination witness said his attention was particularly called to the stick of wood as being peculiar. I tried to walk with him, but he hung back and had the appearance of not wanting to walk with me.
Leonard A. Lanpher.
Leonard A. Lanpher, a resident of Lapeer: I was in Marathon on the night of March 3, 1902. I left for home that night about 9 o'clock, reaching home about 9:45. I saw no tracks in the road at all.
Upon cross examination witness testified that he had a lantern all the way and did not see tracks.
Harry P. Gray.
Harry P. Gray was recalled and testified in regard to dimensions he had taken.
Ed B. Miller.
Ed. B. Miller, a resident of Lapeer: On the night of March 3, 1902, I was awake about midnight. I went to the door and looked out. It was very stormy, snowing and blowing. I could distinguish an object to see it clearly if it was no further away than two or three rods.
Upon cross examination witness testified that it was Mr. House who aroused him at that hour of the night. He came for the purpose of securing help. Witness did not go with him.
PAGE FOUR—EDITORIAL.
The Hudson River Tunnel.
The Pennsylvania railroad tunnel under the Hudson is to be in fact a submarine tubular bridge. The approved plans for the work present construction of a novel kind, at any rate novel to one's common thought of a tunnel. Under the waters of the Hudson is a layer of mud and silt averaging 100 feel in depth before bed rock is reached. The tunnel is to pierce this deposit which, of course, will not afford foundation strong enough for railroad traffic. The iron tubes that will constitute the tunnel would sink of their own weight in it. Engineer Jacobs' plan embodies the building of granite piers from bed rock to the tunnel base. Of these there will be 700 standing 15 feet apart, and on top of these the tubes will rest through which the cars will run. The plan is viewed with distrust by engineers, and by engineers approved. The Pennsylvania company has confidence in Mr. Jacobs and will commit the construction to him, in accordance with his recommendations. He says the work can be completed within three years after the contractors get to work.
◘ The city of Boston has asked Philadelphia to lend it the Liberty bell from Independence hall for display upon the celebration, on June 17, of the one hundredth and twenty-eighth anniversary of the battle of Bunker Hill, The manager of the St. Louis fair also desires to have it on exhibition there. The Philadelphia custodians are loath to have the bell go out of their care.
JOEL B. GEORGE.
Father of O. K. George and Mrs. G. M. Watson of Cortland.
The funeral of Joel B. George, father of O. K. George of this city, will be held from his late home in Freeville at 11 o'clock tomorrow morning.
Mr. George is survived by a wife, Amazilla J. George, and four children, Mrs. George M. Watson and O. K. George of this city and Edgar F. George and Miss Luella M. George of Freeville, and by three brothers, James H. and Romanzo George of Freeville and John F. George of New York, and one sister Miss Elizabeth George of Freeville. Mr. George was an uncle of W. R. George, the founder of the George Junior republic.
LADIES' LITERARY CLUB.
Celebrates its Twenty-third Anniversary, Meeting With Mrs. Reese.
The Ladies' Literary club met with Mrs. Reese yesterday afternoon. The program was as follows:
Florence of the Renaissance—Mrs. Higgins.
The Influence of Boccaccio and Petrarch on Italian Literature—Miss Clara E. Booth.
The Platonic Academy, its Work and Significance—Mrs. Henry.
The Results of the Teaching and Influence of Savonarola—Mrs. Sornberger.
Machiavelli—Mrs. Walrad.
Lorenzo de Medici, Mrs. Howard.
Fra Angelico, Mrs. Smith.
Round Table—Children of Royalty, Mrs. Johnson.
Monasteries and Monks, Miss Roe.
An elaborate and delightful tea was served by the hostess in honor of the twenty-third anniversary of the organization of the club.
HATFIELD-CAUGHEY.
Pretty Wedding in the Town of Homer on March 18.
A very pretty wedding occurred at the home of the bride's parents, Mr. and Mrs. Samuel Caughey, in Homer on Wednesday evening, March 18, when their eldest daughter, Ellen Mary, was united in marriage with Mr. Ralph Hatfield of Homer. Mrs. Aaron Sager played the wedding march for the bridal party to enter the parlor. The ceremony was performed by Rev. A. S. Coats, D. D., who is at present supplying the pulpit of the First Baptist church of Cortland.
The bridal party stood under a very pretty arch of evergreens. The bride was attired in a suit of blue silk trimmed with white silk and appliqué. The bridesmaid, Miss Myrtle Tarble of Groton City, wore a gown of white organdie. Elmer Caughey was best man.
Mr. and Mrs. Hatfield left on the 1 o'clock train Thursday for Detroit, Mich., and after a short bridal trip will return home and will reside on Mr. Hatfield's farm in the town of Homer.
The presents were very elaborate and beautiful. Among them were many valuable pieces of silver, of mahogany and oak furniture, bed and table linen, a check for $100 from the father of the groom. After congratulations an elaborate wedding supper was served.
Those present were Mr. and Mrs. Chester Caughey and son Emmet, Mr. and Mrs. John Caughey, Grace Caughey, Mr. and Mrs. Charley Odell and daughter Daisy, Mr. John Latimer and son Louis, Mr. and Mrs. Asa Benedict and son Leon, Mr. and Mrs. Jay Hinman and son Floyd, Mr. and Mrs. Frank Marsh, Mr. Charles Hatfield, Mrs. Court and son Fred, Mr. Charles Hatfield, the groom's father, Mr. and Mrs. Aaron Sager, Mrs. Chester Calkins, Eugene Calkins, Mr. and Mrs. R. D. Calkins, son Chester and daughter Gertrude, Mr. and Mrs. Albert Buchanan and daughter Alta, Fred Buchanan.
Mr. and Mrs. Hatfield departed amid showers of rice. Both are highly estimated young people and the best wishes of a large circle of friends for a long and happy wedded life will be theirs.
BREVITIES.
—Cortland Commandery, No. 50, Knights Templar, will hold a regular conclave for transaction of business Friday evening at 8 o'clock.
—Surveyors have today been at work upon the Randall flats preparatory to laying out new streets.
—A Jewish church has just been organized in Auburn. Its official title as a corporation is "The children of Israel of Auburn, N. Y."
—District Passenger Agent E. J. Quackenbush of the Lackawanna railroad, whose headquarters are in Syracuse, has been in Cortland today.
—Surveyor» have today been establishing the line upon the Rowley lot on Tompkins-st. between the new purchases of Dr. Jennings and Dr. Reese.
—Miss Nellie L. Bower, the second victim of the collision in the Lehigh Valley R. R. at Ithaca on Monday night, died in the city hospital in Ithaca at 12:45 yesterday noon.
—Two carloads of machinery for the Davis Manufacturing Co., the new piano case company, arrived in Cortland today. The matter of the transfer of the property is being closed up today, and it is likely that all will be settled soon.
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