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| Cortland County Judge Joseph Eggleston. |
Cortland Evening Standard, Wednesday, March 25, 1903.
THE HOUSE TRIAL.
Nearly Three Days Were Required to Secure a Jury.
SIXTY-SEVEN JURORS EXAMINED.
Two Extra Panels of Jurors Drawn—Jury Secured Before Last Panel Was Begun—Trial Proper Now Proceeding.
The Jury.
Jay M. Ballou, Virgil, farmer.
William H. Caldwell, Freetown, farmer.
Herbert W. Wood, Cortland, wireworker.
James H. Fellows. Truxton, farmer.
A. H. Watkins, Cortland, merchant.
Harley Sergent, Taylor, farmer.
I. J. Walker, Solon, farmer.
Stillman Wells, Solon, farmer.
Valentine Jipson, Taylor, farmer.
Chauncey D. Hyde, Cortland, mechanic.
Perry Barber, Cortlandville, farmer.
E. O. Kingman, Cortland, veterinary surgeon.
The jury in the House manslaughter trial was completed at 3 o'clock this afternoon with the acceptance of Dr. E. O. Kingman of Cortland as the twelfth juror. To bring this about nearly three days were required. Two extra panels of jurors were drawn. Sixty-seven jurors were examined by the attorneys. After a short recess the trial of the case was begun.
Tuesday Afternoon.
Harley Sergent, a farmer, residence Taylor, the first juror called at the afternoon session, said: I have an opinion, but if I was sworn as a juror I could lay aside that opinion and act impartially. I have a strong prejudice against circumstantial evidence. My present opinion was formed from the account 1 read in The Cortland Standard. I would endeavor to lay aside all prejudice and obey the court. He was accepted.
Will R. Stoker, farmer, and resident of Scott, was called, but was not qualified and was excused.
Myron Rowe, a farmer, of Cortlandville: I have a sort of impression, but no opinion which would interfere with an impartial verdict in this case. I have no prejudice against a man who has been indicted and would consider the evidence of the man just as impartially as I would if he had no interest at stake. He was excused by defense.
Edwin Hulbert, laborer, Cortlandville: I have an opinion in regard to the case, but could lay it aside and decide impartially. I have some prejudice against circumstantial evidence. I also have strong prejudice against firearms. I could not give a man indicted the same impartial judgment that I could to a man not charged with a crime. If I was instructed by the court as to the nature of an indictment I would be able to lay aside my prejudice and give an unbiased decision. Challenged by defense.
Henry Smith, farmer, Cincinnatus: I read an account of the transaction in the Cortland Daily Standard. I formed an opinion at the time which I still retain. I have strong prejudice against the use of firearms. The district attorney at this point asked juror if he had had any experience in the use of firearms. He replied he thought he had. Where, asked the district attorney. The juror replied, in the civil war. This afforded some amusement. Challenged by defense.
Ira Greene, farmer, Taylor: I read the account in the Cortland County Sentinel. Have some opinion. He was disqualified and was excused.
I. J. Walker, farmer, Solon: I read the account in the Cortland Standard at the time, but formed no opinion. If I was sitting as a juror I would give the defendants the benefit of every reasonable doubt. He was retained.
Stillman Wells, a farmer, residence Solon: I read the account in the Cortland Standard. I have no fixed opinion about the case. Would follow the instructions of the law in regard to the case to the best of my ability. I have no prejudice against a man who is indicted and would give him the benefit of every reasonable doubt. He was retained.
Isaac Henderson, butcher, residence Truxton: I read an account in the Cortland Standard, from which I formed an opinion. I could lay aside that opinion and render an unbiased decision and on all questions of law I would be guided by the instructions of the court. Challenged first for implied bias. Challenge not sustained. Exceptions. Challenge for actual bias. Not sustained. Exceptions taken. Excused by defense.
L. D. Meacham, a farmer, residence, Willet: I formed a definite opinion from what I read. I could lay aside the opinion and give an unbiased decision. Disqualified because of relationship.
William J. Greenman, a manufacturer, and a resident of Cortland: I have formed an opinion which would prevent me from giving an unbiased opinion. Defense asked witness if he would not like to be excused from jury duty. He replied he would. He had read the account in the Cortland Standard. Challenged by prosecution for a cause.
John O. Kingsley, called and excused because he was disqualified on account of hearing.
Orrin P. Gallup, a farmer, residence Homer: I read the account in The Cortland Standard. I have expressed my opinion to several persons. I have formed an opinion which I still retain. Challenged by prosecution.
George W. Swift, called and was disqualified, as he was a relative.
Herbert Fuller, a farmer, residence Taylor: I read the account in the Cortland Standard from which I formed an impression. I could lay that aside and render an impartial decision, Excused by prosecution.
Charles H. Stevens, editor of the Homer Republican, and a resident of Homer: I had the charge of preparing the account published in my paper, making it up from other papers. I have an opinion, but could lay it aside and decide impartially in the case. I was acquainted with Orson House, as he was in my employ for a period of five or six months about three years ago. Excused by prosecution.
Alvin Sanders, a farmer, and a resident of Cortlandville: Had formed an opinion which he could not lay aside. He was excused.
Frank H. Cobb, wholesaler and resident of Cortland: I read the account in the Cortland Standard, from which I formed an opinion, which I could not lay entirely aside. Excused peremptorily by defense.
William Nash, blacksmith, resident of Cortland: I have no opinion in regard to the case and think I could decide impartially. Defense asked him if he was sure he had not formed some opinion. He replied, a slight opinion, but had none now. When did you lose that opinion, asked the defense. Some time ago, as it was not worth carrying, was the reply. Excused.
Wednesday Morning.
Court convened promptly at 9:30 o'clock with an increase in attendance. During the forenoon the matter of choosing jurors from the extra panel drawn was taken care of. Fifteen offered excuses which were accepted by the court as follows: H. E. Curtis, Cuyler, ill; Albert Delevan, Cincinnatus, age; Eugene M. Eastman, city, fireman; J. H. Gunn, city, ill; John Holmes, city, bearing; C. E. Ingalls, city, fireman; James Kane, city, ill; H. M. Kellogg, city, not in the state; John Litz, Truxton, misspelled name; W. A. Pierce, city, ill; Russell Quinn, Marathon, ill; Patrick Sheehan, Truxton, ill; William Thompson, Homer, age; Mark Wire, Taylor, ill; Lewis Wright, Homer, ill.
Valentine Jipson, a farmer, residence Taylor: I read the account in The Cortland Standard. I have an opinion, but I could lay it aside, and decide the case impartially. I have no prejudice against a man who is indicted by the grand jury of his county. He was retained.
Chauncey D. Hyde, a mechanic, and resident of Cortland: I read the account in the Cortland Standard, but formed no opinion. I could hear the evidence and render an impartial verdict. He was retained.
Henry Kelley, a farmer, resident of Solon: I read the account in the Cortland Standard. I formed an opinion from what I read which I still retain. I have some prejudice against the use of firearms. Challenged by defense.
Albert Hollenbeck, retired, a resident of Cortland, said: I read the account in The Cortland Standard. My impression of the case would not prevent me from rendering an impartial decision in the case. Challenged by prosecution.
C. V. Reese, a farmer, residence Virgil: I have been acquainted with John House, Sr., all my life. In all probability that would have some weight with my decision. Excused.
Henry Parker, a farmer, residence Harford: I read the account in the Cortland Standard. I have had an opinion ever since I read it and could not sit as a juror and decide the case impartially. Challenged by prosecution.
Albert Card, farmer, Cortlandville called: Was disqualified because of relationship.
C. W. Chapman, traveling salesman, residence, Marathon: I have a clear opinion which I could not lay aside, and decide the case impartially. Challenged by The People.
PAGE FOUR—EDITORIAL.
Dr. Macfadyen's Typhoid Antitoxin.
If, as announced by late London dispatches, Dr. Allan Macfadyen has produced a typhoid antitoxin serum, another important step in advance has been taken in the science of medicine. The character and standing of the man making the experiments, now said to be successful, and the endorsement of his work by Lord Listor, who is known and honored for his great service to mankind in the promotion and establishment of antiseptic surgery, give warrant for belief that Dr. Macfadyen has come within sight at least of results which promise great benefits to the human race, though he may not have discovered an unfailing remedy for typhoid fever.
Dr. Macfadyen is director of the Jenner Institute of Preventive Medicine in London. He is a learned and capable man, safely conservative and held in high esteem by all who know him or his work. The announcement will therefore receive the respectful attention of the medical fraternity everywhere.
The report is that Dr. Macfadyen has found that by crushing the cells of the typhoid bacillus in liquid air the intercellular juices are obtained without living organisms and that these juices are highly toxic. Injected into living animals, they produce a blood serum which is effective as an antidote for and a destroyer of the poison generated by typhoid bacilli.
The typhoid fever epidemic at Ithaca, N. Y., is but a single illustration of the fatal character of this dread disease. It is one of the most destructive of the common maladies affecting the people of this and European countries. The value of a typhoid antitoxin would be beyond estimate, and if it has been found by Dr. Macfayen he may well be hailed as a benefactor of the race.
SPECIMENS OF WORK
Of Pupils to be on Exhibition at the Teachers' Institute.
School Commissioners McEvoy and Childs have issued a bulletin to the teachers of Cortland county in which they call attention to the fact that the annual teachers' institute of this county will be held in Homer in the academy building April 20 to 24. They urge teachers to bring to the institute specimens of pupils' work to illustrate the nature, scope and efficiency of the training in the schools. Samples of written work are desired. It is suggested that samples be selected from the regular daily work of the pupils. Space will be reserved for the exhibit from each school.
A FATAL ACCIDENT.
Relief Train Ran Down a Loaded Hand Car Near Ithaca, N. Y.
There was a fatal accident on the Lehigh Valley railroad in the outskirts of Ithaca Monday night at about 11 o'clock. A passenger train from Auburn on the Cayuga lake division was stalled by a landslide about two miles north of Renwick. This was discovered by a trackwalker and the train flagged. Among the passengers were Attorney F. B. Tabor of Auburn who represents the Lehigh Valley R. R. and his wife who wanted to reach Ithaca in time to get the sleeper for New York. With the permission of the conductor of the stalled train a hand car was secured to take them to Ithaca. Silas Tabor, a Cornell student, was with his parents and also climbed upon the handcar with the Italian section hand who was to propel the car. As there seemed to be room they invited Mrs. Nora Bush and Miss Nellie Bower of Ithaca who were anxious to get home to get on the car too. There was a dense fog at the time along the lake. The party had passed Renwick and was drawing into the city when suddenly Mrs. Tabor discovered the tail lights not two rods away of a relief train backing slowly out to the landslide.
Both train and handcar had supposed they had a clear track before them. "Jump," shouted Mr. Tabor, and all started to tumble off as best they could in any direction. Mrs. Bush and Miss Bower were not quick enough and were caught under the car in the collision. The former was so badly injured that she died very shortly. Miss Bower was believed to be fatally injured as her right thigh and abdomen were crushed. The others were considerably bruised, but have no serious injuries.
HAS RECOVERED CONSCIOUSNESS
But Has no Recollection of Whereabouts Over Sunday.
Burr C. Blowers of McGraw, who was found on the sidewalk on Main-st. early Monday morning in an unconscious state, has recovered his consciousness, but declares that he has no recollection of anything after eating dinner at home Saturday noon until be recovered consciousness at home Tuesday. He says that he can tell nothing as to his whereabouts in the meantime.
A resident of McGraw who is employed in Syracuse was in McGraw on Sunday and mentioned meeting Mr. Blowers in Syracuse Saturday night. Since this mysterious circumstance turned up this man has been telephoned to for particulars and reports that he met him on Fayette-st. between Salina and Warren-sts., and accosted him by saying ''Hello, Burr, what are you doing here?" and Mr. Blowers replied, "Why, I'm just up here for over Sunday."
Upon the Editorial Staff.
William P. Webster of Truxton, N. Y., a freshman at Amherst college, has been elected an associate editor of The Student, the Amherst college weekly. This appointment in his freshman year makes it highly probable that he will become the editor-in-chief senior year. The March Bookman in an article on "American Undergraduate Journalism" says: "At some of the smaller institutions very creditable weeklies are published. Especially well edited among these is the Amherst Student."
Death of Mr. George.
Joel B. George, father of O. K. George of this city, died yesterday afternoon at 3 o'clock at his home in Freeville, at the age of 74 years. The funeral will be held from the house Friday at 11 o'clock.
BREVITIES.
—Regular review of the L. C. T. M. tomorrow evening at 7:30 o'clock.
—A regular meeting of the L. C. B. A. will he held this evening at 8 o'clock.
—The firm of Allen & Chubb has dissolved partnership. R. E. Allen will continue the carriage repair business on Groton-ave., opposite the Opera House.
—Martin Hanrahan has purchased of Mrs. Ben M. Jaquish of New York City the house and lot at 99 Tompkins-st. and will take possession April 1. Consideration $3,500.
—The new display advertisements today are: Perkins & Quick, Paints, etc., page 4; Forrest Seed Co., Garden tools, page 7; M. A. Case, Drygoods, etc., page 6; G. H. Wiltsie, Silks, page 6.
—Judge Burr Mattice was sufficiently improved on Sunday so that he took a short drive and seemed benefited thereby. It is expected that he will be able to leave in a few days for New York City, and later will recuperate, probably at some point on the Jersey coast.—Oneonta Star.
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