HOUSE TRIAL, ONE IS ACQUITTED

 

Joseph E. Eggleston, Cortland County Judge.

Cortland Semi-Weekly Standard, Friday, April 3, 1903.

ONE IS ACQUITTED.

No Case is Proved Against John C. House, the Father.

OTHER TWO ARE HELD FOR TRIAL.

Prosecution Rests its Case—Separate Motions Made to Acquit Each Defendant—One Granted, Two Denied—Defense Opens Its Case—The Widow of George Bennett and Others Testify in Closing the People’s Case.

   The House-Bennett case was resumed again Monday morning at 10 o'clock.

   Mrs. Jennie Bennett, the widow of George Bennett, was sworn this morning, and was the only witness of any importance. She is a German by birth, and it is difficult to understand her [English] testimony. Many spectators were present at the time court opened and later in the day the room was crowded.

Dr. Higgins.

   Dr. F. W. Higgins, recalled, testified: The piece of bullet which I now produce was taken from the bone in the leg of Geo. Bennett. The artery also, offered in evidence was taken from the leg. The various ways of sterilizing water may be by boiling, also using bi-chloride of mercury. I noticed in my examination of the leg that the artery showed evidences of repair. By that I mean that it had commenced to heal.

Dr. Fields.

   Dr. Fields of Marathon, recalled: In my treatment of Bennett the night he was brought to me I used bi-chloride of mercury in the water used around the wound.

Thomas Hudson.

   Thos. Hudson, a resident of Marathon: My house is on the same road as the defendants. I saw John H. House soon after the shooting occurred. I had some conversation with him in regard to the affair. He said they were all scared to death that night, and Orson was so frightened he was afraid he would shoot himself. He said he thought Bennett must have been shot in the outhouse from the appearance of things. He also spoke of receiving a letter from a man in Homer stating that the team was in Homer on the night Bennett was shot.

W. G. Mead.

   W. G. Mead, a jeweler, and a resident of Cortland: I have dealt in guns and ammunition for about fifteen years. I have made experiments in different firearms for the purpose of determining penetration. This is a Marlin repeating gun, with a capacity of fifteen cartridges. I made an examination of this rifle (exhibit 10) as to its penetration and capacity. It was a 32-calibre gun.

Mrs. Jennie Bennett.

   Mrs. Jennie Bennett, a resident of Homer, testified: I resided on the Lapeer farm with my husband, George Bennett, from March 1, 1901, to February, 1902: I heard all three defendants tell Fred Bennett the day that R. J. Rounds came to see about the stock that they held a chattel mortgage. The two John Houses that day quarreled with George Bennett. They followed him to the house, swearing at him. George did not reply, as he was afraid. I also remember another day, when they swore at him and one of them threatened to take his heart out. I remember having some difficulty with my husband. We were both angry, and Orson said to me “take a potato masher or anything you can get hold of and go up behind him and strike him.” At another time John C. House told me I ought to kill him, and I said “no.” The last week we were on their place, John H. House said, “Mr. Bennett, if you take another spear of hay from these premises, you’ll never get out alive.” The next day I heard him say to George Bennett, “I don’t care if there are five mortgages ahead on the cattle, I am going to have them just the same.” I asked him who gave him a mortgage on them and he said it was none of my business.

   Cross examination: The time I told Orson House about the trouble Mr. Bennett and I had been having, Mr. Bennett had struck me. I went to Orson for a warrant to have him arrested, as he was a justice of the peace. He told me he did not want to get mixed up in our family quarrels. I also went to Abner Johnson for a warrant for his arrest. I stayed with Mr. and Mrs. Fritz, but I do not remember telling them that George had struck me over the head and knocked me down and dragged me over the premises. I do not remember selling the milk cans to the Houses. They asked me to let them have them that night as they had no place to put their milk, and I left them there.

Fred Bennett.

   Fred Bennett, a resident of Cortland: I remember going to the House farm on Feb. 26, 1902. A deputy from Marathon went with me and the three men met us armed with clubs. They said they would do all but shoot to protect their cattle. I remember their asking Mrs. Bennett to loan them the milk cans until they came down again. I have held the mortgage since September, 1901.

   Mrs. Fred Bennett, a resident of Cortland testified: I saw Geo. Bennett on the afternoon of the day that he was shot.

   Howard R. Meacham, a resident of Cortland, occupation butcher: I went with Fred Bennett to the home of the defendants in Lapeer on Feb. 26, 1902. The three defendants came out, each armed with a club.

   Cross examination: Neither one of the defendants offered to strike us. They gave up the clubs without any resistance.

   At 2:45 Monday afternoon the prosecution rested its case in the matter of The People vs. Orson A. House, John H. House and John C. House, the charge being manslaughter in the first degree.

   Attorney N. L. Miller for the defense then made a motion to acquit the defendant, John C. House, the father of the other two, of the charge of manslaughter in the first degree on the ground that the prosecution had failed to make out a case against him or in any way connect him with the shooting. Motion granted by Judge Eggleston. Defendant John C. House was then declared acquitted and was discharged.

   Attorney Miller then moved to acquit Defendant John H. House on the ground that the prosecution had failed to make out a case against him. The motion was argued quite at length by District Attorney Dowd for The People and Attorney Miller for the defendant, and was finally denied.

   Attorney Miller then made the same motion in the ease of Defendant Orson A. House upon the same ground. Motion denied without argument.

The Defense Opens.

   Attorney Henry E. Wilson of Marathon opened the case in behalf of the defendants, Orson A. House and John H. House. He said in part:

   Gentlemen of the Jury—You have heard all the evidence thus far given. The district attorney has told you that these defendants pretended to have been frightened upon the night that Geo. Bennett was shot, that they had cruelly shot him, knowing who he was and, when they had arranged things about the house to their satisfaction, they start out for a neighbor. Are there any grounds for this imagination? None whatever, and no where else has this thought been entertained, save in the mind of the district attorney.

   Gentlemen, murder is the most heinous crime known to the law, for it takes that which only the Lord Almighty has a right to take. Was there a motive for murder in this case? There is not the first apology of a motive. To claim that it was because of the difficulty of the transaction in regard to the cows is not a motive worthy of the consideration of the district attorney or this jury. The People have absolutely failed to maintain the charge in this case, and were we to rest, right here without offering any evidence, it would be your duty to acquit. These defendants are respectable men, and have the confidence of the community in which they live. Orson House, who sits here, is a justice of the peace of the town of Lapeer. John H. House is a constable of the same town. Give me the confidence of the people of the community in which I live and I am satisfied. But these defendants would not be satisfied to have the case rest here. They desire to prove to you their innocence. They will go upon the stand and tell you the truth of all that happened that night as far as they know, and the truth is all that stands. These men were in their own house at this midnight hour. They were not looking about for Geo. Bennett. John G. House will tell you that for five or six years since the death of his wife, he has been accustomed to awaken at frequent intervals through the night. He occupies a bedroom on the first floor. On the night that Geo. Bennett was shot he was awakened by a noise which sounded as though some one was trying to break in. He got up and called to the boys. They got up and tried to see who was there. John H. House started out for a neighbor, leaving his father with Orson. After he had gone, Orson went into the attic and got the gun and fired out of the window. This was done before John H. House and Harry Gleason had arrived.

   These are the true and absolute facts in this case, as true as there is a God in the heavens. Orson House did in the excitement at that time what he believed he had a right to do, and what others would have done under the circumstances. Take it to yourself. Consider what you would have done, and then, gentlemen, when you render your verdict, act accordingly.

   I believe that Geo. Bennett did not go alone to the House farm that night, but that he was accompanied by another man. The district attorney has told you that he had not been seen, from the time he left Cortland at 3 o’clock until he was found injured. The district attorney was mistaken. He was seen, as we shall prove to you later, at an Italian store in the village of Marathon, and a stranger was with him. This corroborates the testimony of Harry Gleason, that he saw another track in the road leading from the house to the highway.

   If Geo. Bennett had been solicitous about his I7-year-old lad, why did he not inquire at the house where he had made arrangements for his son to stay? He never inquired there, as we shall prove to you by Mrs. Gilbert. He was not just right in his mind, and he had got it info his head that he owed the House family some grudge. He accordingly went to their home to do them some injury.

   Gentlemen of the Jury, when you render your verdict, let it be one that you can render with a clear conscience , one with which you will be able, when you cross the river, to meet the Supreme Judge who reigns through all eternity.

Alfred T. Dickinson Testifies.

   The remainder of the afternoon was given to the testimony of witnesses in behalf of  the defense.

   Alfred T. Dickinson, a resident of Messengerville; I am proprietor of a store in Messengerville, and I recall a certain time when Jennie Bennett came into my store in the spring of 1901, saying that Geo. Bennett had knocked her down and dragged her by the hair of the head, and that she was going to leave him. She said she was going to Cortland.

Mrs. Addie Dickinson.

   Mrs. Addie Dickinson: I am a daughter-in-law of Mr. Dickinson, and have heard his testimony just given. It was made in my presence. Mrs. Bennett also showed me her bruises.

Frank Dodd.

   Frank Dodd, a resident of Binghamton: I remember Jennie Bennett coming to Ira Wavle’s loudly screaming. She stated that Mr. Bennett was trying to kill her and she had come there for protection. She said he had kicked her and tried to choke her. She wanted me to take her to Cincinnatus so that she might have him arrested. I did not do this.

King Wildman.

   King Wildman, a resident of East Freetown: I remember Geo. Bennett’s wife coming to our house to stay all night. She said she had had some trouble with George and she had started for Cortland, and as she had missed the train she wanted to stay all night. In the morning Geo. Bennett came there and they fixed the matter up.

George Fritz.

   Geo. Fritz, a resident of Lapeer: I remember Mrs. Bennett coming to our house saying that Bennett had struck her and she was not going back to him.

Mrs. Ida Fritz.

   Mrs. Ida Fritz, wife of Geo. Fritz: I remember Jennie Bennett coming to my house upon one occasion when she said her husband had struck her with a board. She showed me a bruise upon her hip, which she said was made at the time.

Mrs. Calvin Gilbert.

   Mrs. Calvin Gilbert, a resident of Marathon: When the Bennetts were moving away they stayed over night at our house. Arrangements were made by Geo. Bennett for his son Johnnie to stay with us. He stayed two nights.

Wallace Lusk.

   Wallace Lusk, town clerk of Lapeer: I have reviewed the chattel mortgages filed and find one filed in my office July 25, 1901, given by Geo. Bennett and Jennie Bennett to John C. House. I also have one filed Feb. 28, 1901, by George Bennett to Frances Davern and Mary Davern. I have received a postal from Mrs. Davern who cancelled the mortgage. This mortgage was canceled and discharged by me Aug. 1, 1901.

Eugene Watrous.

   Eugene Watrous, a resident of Marathon: I was called to the residence of Dr. Field on the morning of March 4, 1902. I searched the coat belonging to Geo. Bennett, and found clams and a lump of coal in one pocket, in the other pocket were some clams, coal, pocketbook and a jackknife.

E. A. Hotchkiss.

   Ellsworth A. Hotchkiss, a resident of Marathon: I remember going to the residence of the House family on the Sunday morning after their arrest. I removed the broken latch from the door. 1 saw the bullet holes in the door and in the side of the house.

   Cross examination: I went to the house at the request of Mr. Wilson to make this examination.

Wallace Diver.

   Wallace Diver, a resident of Marathon: I saw Geo. Bennett on the evening of the shooting on the steps of the Italian’s store in the village. There was a strange man with him. This man was a man about 40 years of age, medium height, poorly dressed. I did not see him again that evening.

    Cross examination: I was not present at the examination in Marathon. At that time I was in Solon.

Dudley G. Corwin.

   Dudley G. Corwin, a resident of Cortland, a contractor and builder: I visited the House farm M arch 17, 1903, and made two maps of the house, one of the lower floor and one of the upper floor.

   Cross examination; I went there at the request of the attorneys for the defense; Mr. Wilson accompanied me.

Rolland H. Vunk.

   Rolland H. Vunk of Marathon: I was constable March 1, 1902. I went to the House farm in February, 1902, in company with Mr. Rounds and others. We were met by the defendants armed with clubs. Mr. Rounds took the clubs from the defendants. John H. House and R. J. Rounds had a controversy on the subject of politics and most of the quarrel and conversation was along that line. I did not hear John H. House call either Geo. Bennett or R. J. Rounds any names.

   Cross examination: One of the men had a bottle of whiskey. It was passed along to the front seat and Mr.  Humphrey put it in his pocket. No more was drank upon that occasion.

Abner Johnson.

   Abner Johnson, a resident and supervisor of Lapeer: Last year I was the magistrate of the town. I know the defendants well. I remember Mrs. Geo. Bennett coming to my house for a warrant for the arrest of her husband, saying he had knocked her down, and beat her. She said she had asked Orson House for a warrant and he would not interfere. She also said at the time she was afraid of her life, and was afraid he would kill her. The defendants have always borne a good reputation.

   Cross examination: The defendants and I have been friends politically. I have heard conversation in regard to the character of Orson House, but to my knowledge he is in good repute as far as the speech of people are concerned in Marathon.

Marvin Crain.

   Marvin Crane, a resident of Lapeer: I was awakened on the night of March 3, 1902, at about 11 o’clock, I looked out of the window and saw that it was very dark. I knew Bennett when he lived on the House farm. I saw Johnnie Bennett when he took the last load from the House farm.

C. W. Seeber.

   C. W. Seeber, a resident of Marathon: Geo. Bennett came to my store in 1901 to buy feed. He complained of being ill and we got him a chair. He sat there a few minutes and then got in his wagon and drove away.

Eber Bowdish.

   Eber Bowdish, a resident of Marathon: I knew the defendants at the time Geo. Bennett lived on their farm. I went up there with Mrs. Davern to collect a chattel mortgage, given for rent of premises occupied by them, The money was paid by them, John C. House letting them have some of the money to pay this mortgage.

Henry Youngs.

   Henry Youngs, a resident of Marathon: I saw Geo. Bennett at the time he was moving from Lapeer to Homer. He was in Mrs. Potter’s barn, and I called to him to come and get his team out of the road, so that I could drive by.

George P. Squires.

   George P. Squires, Marathon: I know the defendants. I know their reputation in the community by the speech of people. It is good.

   Cross examination: I have heard the reputation of Orson House discussed, but notwithstanding the fact that in the general public opinion it is considered good, in my own opinion I do not consider it good.

Myron M. Pierce.

   Myron M. Pierce, Marathon: I know the reputation of John H. and Orson House by the speech of people. I have heard the reputation of Orson House discussed among a certain class. Notwithstanding that fact I still say that in the public opinion his reputation is considered good.

Simon R. Alvord.

   Simon R. Alvord of Marathon: I have known Orson House and John H. House for seventeen years. Their reputation is considered good in the community.

   Cross examination: I have never heard anything against Orson House, nor do not know anything against him.

Frank E. Whitmore.

   Frank E. Whitmore, supervisor town of Marathon: I have known the reputation of John H. House and Orson House, for fifteen years. Their reputation is considered good by the speech of people.

   Cross examination: I do not know that Orson House is considered an immoral man.

Ellsworth Hotchkiss.

   Ellsworth Hotchkiss, Marathon: I have known defendants for fourteen years. Their reputation is considered good by the speech of people.

   Cross examination: I have heard the character of Orson House discussed among a certain class of people. I never saw the Hudson girl on their premises. I still say that his reputation is considered good.

   Court adjourned at 12:30 until 2 o’clock Wednesday afternoon.