"NOT GUILTY" HOUSE TRIAL VERDICT

 

Cortland County Judge Joseph Eggleston.

Cortland Semi-Weekly Standard, Tuesday, April 7, 1903.

“NOT GUILTY”

The Verdict in the House Case Reached at 3 o’clock.

DEFENDANTS WERE MUCH AFFECTED.

Brilliant Efforts on the Part of Both State Comptroller Miller and District Attorney Dowd in Summing Up—Judge Eggleston’s Fair and Impartial Charge.

   The jury in the House manslaughter case went out at about 11 o’clock Saturday morning. At 2:45 that afternoon word came from the jury room that a verdict had been reached and Judge Eggleston was sent for. At 3 o’clock the jury filed in to the court room which had already filled up to two-thirds of its normal capacity, the news of a verdict having quickly spread.

   Deputy Clerk Jones then inquired of the jury if a verdict had been reached and Foreman I. J. Walker replied in the affirmative and put into the hands of the deputy clerk, a written verdict. The deputy clerk then read the verdict “Not guilty.” The jury was polled and all assented to the verdict.

      Attorney Miller immediately moved the discharge of both defendants, Orson A. House and John H. House, and the motion was granted. The court then thanked the jury for the faithful way in which it had discharged its duties and dismissed it.

   Court then adjourned to the chambers of the judge on May 11.

   Defendant Orson A. House was greatly 'affected by the verdict and wept copiously His wife who throughout the whole trial had continued close at his side moved still closer to him and seized both his hands in hers and mingled her tears with his. The father, John C. House, who was several days ago acquitted of any complicity in the matter, was also much affected, but Defendant John H. House maintained the same air of stolid indifference to the verdict which has characterized his action from the outset. The entire party returned home to Lapeer that night.

   Court opened Wednesday afternoon at 3 o’clock, after a day’s recess.

   The defense in the House-Bennett manslaughter case continued to produce evidence. One important witness, Orson A. House, one of the defendants, occupied the stand most of the afternoon. He was very nervous throughout most of his testimony, and several times broke down and wept. The courtroom was packed and much interest was maintained during his testimony, which was listened to with the closest attention by all.

Orson A. House.

   Orson A. House, one of the defendants, residence Lapeer: Our family consists of my wife, my brother, my father and myself. At the time George Bennett was shot, my father, brother and myself were all there was in the family. My mother has been dead five years. George Bennett came to our house to live March 1, 1901. They lived in one part of the house. My father and brother and myself occupied the other. It was on the last Thursday in February that Johnnie Bennett came after the last load of goods when they moved away. Friday he took it away. I cleaned up the house on the following Monday, sweeping and mopping and washing windows. Some of the window fasteners were broken and I fastened the up. It had been my custom to see to that our own part was securely fastened. After the death of Frank Miller, which occurred in the adjoining town, we always took precaution to see that the doors and windows were securely fastened.

   I heard Mrs. Bennett testify in regard to my telling her to hit Geo. Bennett with a club. Mrs. Bennett came into our part with a woman who was there visiting and showed me the bruises on her eye, and also said her hip was bruised. This lady spoke up and said Mrs. Bennett was an ignorant woman and did not understand the laws of this country, and for me to tell her what to do to defend her rights. I asked Mrs. Bennett if she could not handle George, and she said, ”No.” I asked her if she had ever tried it, and she replied “Yes.” She said he had struck her before with a club. I did not think of anything else to say, so I said “The next time he does it, take a potato masher to him.” I did not issue any warrant for his arrest, but Mrs. Bennett asked me to go into the lot and talk with George.

   Johnnie told me when he came on Thursday that his father was sick abed, and under the doctor’s care, and that they did not expect him to live. He said we would probably never see George again. Father asked him if it was his old complaint and he said it was.

   On the night of March 3 I went to bed about 8 o’clock. This was about the usual time for me to retire. I was awakened during the night by father calling John, asking him if he was up. I heard John make some reply. The next sound I heard was some glass falling in the room below me. I got out of bed. John then came in. The noise continued down stairs, so I unhooked a door and went into the room leading out of the attic and called out, “Who is there and what is wanted?”

   John followed me out and called out the same thing, but we got no reply. I went back and went down stairs, went into the kitchen and found father. We conversed about what was best to do. Father offered to go to Ed Miller’s and get him to come, but John told him he was too old to go, and that he (John) had better go. I had not dressed up to this time. John took his boots and put them on in the stormhouse, softly going out. I locked the doors behind him. We were both scared to death. I thought of everything that had happened for a number of years back.

   I finally went to the door again and asked what was wanted, and told them to get into the road, for if they didn’t I was going to shoot. The gun was in the attic and I went up after it, and I yelled again, but got no reply. I think I shot down through the stairs, and then down through the floor. I did not know just where I was shooting.  I opened the window in the attic, and yelled “Murder and Police,” and everything else I could think of. Then I pointed the gun out of the window and fired just as fast as I could, until the magazine was empty. I did not think any one was around that part of the house when I fired. My intention was to let them know I had a weapon, and frighten them away. I could not see anything outdoors as it was very dark. I was about frozen, as I still had my nightclothes on. I grabbed my clothes and went in and got some more cartridges and then went down stairs where father was and dressed.

   In a little while I heard some one calling to me and I recognized John’s voice, and let him and Harry Gleason in. Harry had a gun with him and a lantern, and he lighted that and we started out. I took my rifle. Father started to go with us and Harry told him to stay in the house and lock the door. We three started out, Harry being ahead most of the time. We went into the driveway and found a couple of tracks pointing to the north. We saw some other tracks and followed them around the house. Harry flashed his light and then went to the window. We saw the window light was broken out. We then went to the outhouse and saw the blood on the floor. We went in another direction around by the sugar bush. After looking about there for a time we came back. We heard a noise that sounded like a door blowing, and that scared us most to death. We saw a fresh track and Harry said, “Why, they’ve gone,” and so we three started towards the road. When we came back we went into the stormhouse.

   I first saw a pair of boots and legs and later saw a form on the floor. Harry went up to him and asked him who he was and where he lived, and he said Homer. Father heard us and came out and bent over to look at him, and he exclaimed:

   “It’s George Bennett.”

   We talked about getting a doctor, but decided it was better to take him to Marathon. John and Harry Gleason took him in a cutter to Dr. Field’s and I stayed with father. I lay down on father’s bed, but cannot say whether father lay down or not. John returned in the morning. I did not know when I fired that gun that George Bennett was anywhere near there.

   Cross examination: I did consider it necessary to fire the shot to defend my father, brother and myself. We had money in the house and I did not know whether they were after that or my life. During the time that Geo. Bennett was there I did most of the housework. I was at one time canvasser for the Homer Republican. We had some trouble with the Bennetts over the cows. The Bennetts gave an oral bond, or in other words said they would give us a chattel mortgage. At different times we heard of Mr. Bennett trying to sell the cows, and of Mrs. Bennett trying to sell the cows. I did not know whether my father had paid anything whereby they could claim title to them or not. I had taken advice of Mr. Wilson and on the 25th of February when the men came after the cows I forbade them taking them away. I did not go out armed with a club. I had a cane. I did not know at the time Harry Gleason, my brother and myself were making the search around the premises that Geo. Bennett lay inside woodhouse injured. I am positive about this.

   I do not remember having stated to Mrs. Overton during the past six months that upon advice of my counsel I got married, because it would have a tendency to excite sympathy, and that I knew nothing about it until the day before I was married.

John H. House.

   John H. House, one of the defendants, aged 32 years: I was at home the day Johnnie Bennett came for the last load of goods. My father inquired how they were all getting along at home, and Johnnie replied that George Bennett was sick abed, and that he did not believe he would last long. Father inquired as to the trouble and he said George was having his old trouble. I was present on March 3, the night of the shooting. I was awakened from a sound sleep by my father calling. It sounded as if he said, “John, are you up?” I got up and found Orson up, and heard him calling “Who’s there, and what’s wanted?” I called out the same thing and did not get any reply. I went down stairs and found father. He was scared and we were all scared. Father said he would go after Mr. Miller, and I told him he had better stay at home. I started after Mr. Miller, but didn’t get him and then went for Harry Gleason. When we came back I asked father if he had heard any more of the noise, and he said yes, and Orson had shot some, but he did not know as he had hit anybody. We started out and Harry told father he had better go back and lock the door, so he did.

   We started around the house to see what we could find. We saw tracks, and a broken window. And then we went to the outhouse and saw a pool of blood. From there we went up the direction of the sugar bush and there we lost track of it. We came back and found a fresh track, and Mr. Gleason said, “Here is where the man has gone.” We followed that to the road and then came back again. I heard a sound in the woodhouse and we looked in and saw a man lying on his right side. We all three went into the house together. His head was turned so you could not see who it was. I went up to him and looked at him and saw that it was Geo. Bennett. We then prepared to take him to Marathon. Mr. Gleason put some mittens on his hands and we wrapped him up in a Buffalo robe, and Mr. Gleason and I took him to Marathon.

   Cross examination: I never had any trouble with Geo. Bennett, and always felt friendly toward him. We claimed the stock as a fulfillment of the contract made by Geo. Bennett. I do not remember having called Bennett any names the day the men came for the cows. I was not present when the shooting occurred, and all I know about it is what Orson told me. He said he was so scared he thought he would kill himself.

John C. House.

   John C. House, father of Orson and John H. House, aged 66 years: My family consisted of myself and two sons on March 1, 1902. I retired on March 3 about 9 o’clock. I am in the habit of waking up at frequent intervals. I cannot say whether I had gone to sleep at all that night. About midnight I heard some one outside trying to push a door open. I next heard some glass falling, and I got up and called to the boys. They came down, and we decided to start for one of the neighbors. I offered to go and John said, “No, you had better let me go; you won’t any more than get started before, you’ll give out.” He took his boots and put them on outside, and Orson fastened the door after him. I remained in the kitchen while Orson went up stairs. I heard him shouting, “Who’s there, what’s wanted?” and “Get away from the building.” I heard firing, and in a little while Orson came down stairs with his gun in his hand. In a little while John and Mr. Gleason returned and Orson opened the door and let them in. In a little while they went outdoors again, and when I started with them, Harry Gleason told me I had better go back in the house and fasten the door. I went back in the house and looked out of the buttery window, I saw a form pass by, but it was not light enough for me to tell much about it.

   When the boys returned I heard them talking in the stormhouse, and I went right out where they were. I saw at once a man was lying upon the floor and I went up to him and recognized George Bennett at once. We had some talk as to what was best to do about getting a doctor, and we thought best to take him to Marathon. I had no reason to believe that Geo. Bennett was about the premises. If I had thought anything at all about it, I should have thought he was too ill to be there, as Johnnie told me when he came there after the last load of goods that I probably never would see him again.

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   [The following is a sample of Acrobat copy to demonstrate the arduous task of editing the copy. Instead of editing the third page we include it for readers who wish to continue reading the newspaper account of the House trial—CC editor.]

 

I had, m oney -with me tb a t night, between

$90 an d $95. I t was -my custom

to keep som e ononey with me a ll the

time. . , ,

C ross ex am in atio n : I alw ays have

h a d friendly feelibgs tow ard Geo.

B ennett. M y memory is ju st a s good

now as ib was a few hours after the occurrence.

I h a v e thought o f it evbry

m inute since, add I bave never been

a b le to see w hat Geo. B ennett came to

th e house for. as he had do goods

there ith a t were of any value, ju st a

few o ld tra p s.

Dr. S. J. Sornberger.