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| N. Y. Supreme Court Justice Charles E. Parker, Sixth District. |
SUPREME
COURT.
PROCEEDINGS IN FULL.
The
October Term of the Supreme
Court
and Court of Oyer and Terminer in Session—Justice Charles E. Parker Presiding.
The October term of the Supreme Court and Court of Oyer and Terminer convened at the court house in this place last
Monday morning, Judge Charles E. Parker of Owego presiding. Hon. W. D. Tisdale
of Cortland was appointed foreman of the grand jury and J. Marvin Lottridge was
elected clerk.
The following cases have been disposed of up
to the hour of going to press:
Mary McCarthy vs. The Town of Cortlandville.
The plaintiff sues to recover damages for injuries received in being thrown
from a cutter on Port Watson-st. last winter. She claims that the highway was
full of pitch holes and was not kept in proper repair. She claims $10,000
damages. The jury failed to agree on a verdict and was discharged. Jas.
Dougherty and N. L. Miller for plaintiff. A. P. Smith and O. U. Kellogg for defendant.
William C. Keating vs. George Fitts. In 1892
the defendant, who resides in the town of Groton, was buncoed out of $6,000.
Some months later he caused the arrest of the plaintiff, who resides in Rome,
N. Y., on the charge of being the person who buncoed him out of the money. On
the examination which was held before Justice Dorr C. Smith of this village,
the defendant swore that he believed plaintiff to be the party who robbed him
of the money. The justice held the plaintiff to bail and at the next session of
the grand jury he was indicted for the crime. He remained in jail for several
months, when Fitts went to Goshen and interviewed a man who was in jail there
and is said to have decided that he was the man who robbed him instead of the
plaintiff, and at the next term of court Keating was discharged and a nolle
prosequi was entered in the case. Plaintiff brings this action to recover
$25,000 damages for false imprisonment. The case is on trial as we go to press.
John Courtney, Jr., and O. U. Kellogg of Cortland, and H. S. Patten of Rome for
the plaintiff, and G. S. Stoddard of Groton, and Samuel C. Halliday of Ithaca
for the defendant.
SETTLED.
Arthur S. Grout vs. John B. Cottrell.
George W. Eldredge vs. Ophelia E. Squires.
The Second National bank of Cortland vs. The
Cortland Desk Co., (Lim.) and James S. Squires.
COMPLAINT DISMISSED WITH COSTS.
Willis C. Jones vs. James A. Gilkerson, Mary
Gilkerson and Abigal Gilkerson.
The People of the State of New York vs.
Martin Minard.
The People of the State of New York vs.
Frank Burnham.
OVER.
Helen E. Hobert vs. The Syracuse, Binghamton
& New York Railroad Co.
Martin A. Wiles vs. Dudley B. Smith and
Hector Cowan.
Margaret Caine vs. The Syracuse, Binghamton
& New York Railroad Co.
John Hughes vs. DeWitt C. Curtis.
Barnett J. Brink vs. Allen H. Clark.
John Benstend vs. DeWitt C. Curtis.
Franklin P. Saunders vs. Fitz Boynton, et
al.
John B. Brown vs. Adelbert Fellows.
The Warrior Mower Co. vs. William Beattie,
et al.
William Connors vs. Cyrus Worlock.
The Silver Manufacturing Co. vs. The Foundry
& Machine Co.
Frank E. Thompson vs. The Lehigh Valley R. R.
Co.
Samuel E. Saunders vs. Byron Maxon et al.
Phillip Sugerman vs. Richard J. Keppel and
Jones Manufacturing Co.
STRICKEN PROM CALENDAR.
Charles A. Robinson vs. Fitz Boynton, et al.
Charles W. Crossman and George F. Crossman
vs. James S. Squires.
DISCONTINUED.
Coryden W. Conger et al. vs. Charles W.
Baldwin.
Henry Blumers vs. Sidney Pease.
Etta
Parsons vs. William Moore.
Death of
a Veteran Journalist.
(From
the Kingston Argus.)
James H. Sinclair, one of the oldest and
among the very best local editors in this State, died suddenly at his home in
Norwich, Chenango county, on the 26th ult., in the 71st year of his age. He was
one of the firm of Leal & Sinclair, who established the Chenango Union in
1846. Some years later the paper passed into other hands, while he remained in
charge of its local and news department up to the time of his death. The writer
of this paragraph was associated with the deceased— he as the foreman and the
writer as an apprentice in the office of the Cortland DEMOCRAT as long ago as
1843, and the respect inspired by his sterling worth and sturdy manhood then
has been more than justified by his long career in Chenango county, where he
could not possibly have an enemy, while his friends are as many as his
acquaintance was wide in that county. If he had been less doubtful of his own ability,
he would easily have taken rank with the foremost journalists in this State.
Cortland
Park Land Co.
The Cortland Park Land Company is the name
of an organization recently made, the purpose of which is to sell lots on the grounds
of the Cortland Park and along the line of the electric road. The capital stock
is $30,000 and the directors for the first year are H. Bergholtz and D. F. Van
Vleet of Ithaca, C. D. Simpson, Horace E. Hand and P. S. Page of Scranton, Pa.,
and Hugh Duffey and Edward Keator of Cortland.
Mr. B. B. Cunningham of Rochester, who has had
several years experience in this sort of work, is in town laying out lots
between the river and the Salisbury hill road. A boulevard will be made between
the car tracks and the Tioughnioga river and cross streets will run from the river
to the Salisbury road with electric lights at each corner. City water will be furnished
to purchasers of lots which will be sold on the installment plan. The lots will
be 50x100 feet and will be sold at a reasonable price.
Kernan—McMahon.
At St. Mary's Church yesterday morning Mr.
Thomas Kernan of Cortland and Miss Mary A. McMahon of Freetown were married by
Father John McMahon of Groton, a cousin of the bride. The bridesmaid was Miss
Lizzie McMahon, sister of the bride, and the groom's brother Mr. Michael Kernan
acted as best man. The bride was tastily attired in a dress of nile green
landsdown handsomely trimmed with lace and carried a bouquet of white
carnations. The dress of the bridesmaid was helitrope landsdown with beautiful lace
trimmings. The ushers were Mr. John Sweeney of Cortland and Mr. Patrick McMahon,
the bride's brother, of Freetown.
After the ceremony the couple drove to Freetown
where a reception was held at the home of the bride's parents in the afternoon
and evening. Later they left for New York and other cities. They will be at home
at No. 19 Squires-st. after Nov. 1.
Cone—Davern.
C. Ray
Cone of Cortland and Miss Susie T. Davern of Marathon were united in marriage
at the home of the bride's parents, Mr. and Mrs. James Davern at Marathon,
Wednesday evening, Oct. 9, at 8 o'clock. Only the immediate friends and
relatives of the contracting parties witnessed the ceremony which was performed
by the Rev. McGuire of that place. Miss Rose Davern, a sister of the bride, was
bridesmaid and Mr. Herbert Cone of Buffalo, a brother of the groom, acted as
best man. After the ceremony a bountiful wedding supper was served.
Mr. and Mrs. Cone left on the 12 o'clock
train for a week's wedding trip to New York. Upon their return they will make
their home in Cortland.
Appointment
of Commissioners.
The matter of the injunction procured by Mr.
W. R. Randall and others against the Erie & Central N. Y. railroad was
before Judge Walter Lloyd Smith again last Saturday. The injunction was modified
by permitting the company to line up and spike the track. The following
commissioners were appointed to hear evidence and appraise damages for the
land: J. E. Eggleston, A. A. Carley of Cortland, and A. H Van Hoesen of Preble.
The next hearing will take place October 16 at Judge Eggleston's office. J.
Courtney, Jr. of this place and Fred Collin of Elmira appeared for Randall and
I. H. Palmer appeared for the railroad company.
NEIGHBORING
COUNTIES.
MADISON—The fishing in Oneida lake is
reported better than at any previous time this season.
A. J. Mott, the Canastota counterfeiter, was
fined $25 and sentenced to three years in Onondaga penitentiary.
Herbert E. Jones of Canastota has been
granted a divorce from his wife, Rosanna, and given charge of the two children.
A natural curiosity may be seen near the E.
C. & N. depot in Cazenovia, in a small apple tree on which are winter
apples fully matured, small apples just set, several clusters of blossoms and
buds just appearing. It is a rare occurrence for a tree to show the fruit in all
stages of development at one time.
A hop field courtship in the vicinity of Bouckville
was consummated at Carthage, Sunday evening, by the marriage of Miss Bertha E.
Wood to William Timerson, and on the following day the bride began proceedings
to annul the marriage because the groom could not prove the possession of
property he claimed to own before the ceremony was performed.
The Syracuse gospel wagon which visited the
hop fields of Madison and Oneida counties traveled 200 miles, visited 126 hop
yards, in which were employed 1,936 people, and held 63 meetings, which were
attended by 9,223 persons. Six bibles, 56 testaments and 89,277 pages of tracts
were distributed, 276 requests for prayer made and 46 conversions professed.
TOMPKINS—The Ithaca Canning Factory employs
120 hands.
There are seventy-five men at work on the
new veterinary college at Cornell.
The chimney for Ithaca's sewer pumping
station will be seventy-two feet high.
There are 2.000 students in Cornell
University. There are over a hundred more freshmen than last year.
Apple buyers are paying $1 per barrel for
Kings, 75 cents for other varieties, 50 cents per hundred for selected canning
fruit in bulk and 40 cents per hundred pounds for cider apples.
It may be of interest to many of Cornell's
self-supporting students to know that during the past summer a large number of
students from the University of Pennsylvania and other colleges obtained
employment as conductors on the cars of the People's Traction system of Philadelphia.
All of the men were working their way through college. An official of the company
said that the students were thoroughly honest, intelligent and polite, and were
the best conductors in the employ of the company. The students lived
economically and are said to have saved on an average about $130 each toward
their college expenses of the coming year.
PAGE
FOUR—EDITORIALS.
◘ If the voters of this county want a
capable business man to represent them in the next legislature they will vote
for George C. Hubbard, the democratic candidate for member of assembly. Mr.
Hubbard is an honest man and his election would be a credit to the county.
◘ The legislature of Texas was called
together last week by Gov. Culbertson and a law was passed prohibiting prize
fighting: This settles the question of the Corbett—Fitzsimmons fight taking
place in that state. It is said there is a probability of the fight being
pulled off in Oklahoma. [The fight took place in Nevada in 1897—CC editor.]
◘ The democrats of Syracuse have nominated
the well known young democratic orator, James K. McGuire, for mayor. Syracuse
is a republican city, but McGuire is a very able and popular young man and it
would not surprise us if he should be elected. He would make an honest and
capable mayor and that is something Syracuse sadly needs.
◘ See to it that your name is on the
register or you cannot vote at the next election. No one can place your name on
the register. You must appear before the board of registry personally. This law
was made by republicans in the hope of disfranchising democrats. They
entertained the idea that democrats would not take the trouble to register and
that consequently the republican party would gain by their failure. Prove to
them that their wicked schemes will not avail them.
◘ Potatoes are very plentiful, in fact, they
are almost a drug in the market. From fifteen to twenty cents per bushel seems
to be the market price. Farmers who have potatoes to sell are undoubtedly
wondering why the tariff don't keep the price up to a reasonable figure but it
won't do it. That protective tariff is a peculiarly willful institution and is
bound to have its own way. When the crop of potatoes is short and poor it
raises the price and when the crop is plenty it lowers the price to almost
nothing. When did the tariff ever help the farmer? Can anyone tell? The law of
supply and demand regulates prices the world over.
Endorsing
Candidates.
The disposition to endorse the judicial
candidates of the republican party, in districts where there is not much chance
to elect democratic candidates, seems to be growing rapidly. In fact it has
become so popular that it may he said to be the rule. We suppose the idea,
which prevails to a considerable extent, that the judicial office should not be
a political one, has had something to do with creating the rule, but we submit
that the endorsing of republican candidates tends to intensify and add to the
political situation for as a rule republican judges decide every political question
to please their party friends. The DEMOCRAT strongly suspects that the real
reason why republican judiciary candidates are endorsed by democratic conventions
is because the delegates usually selected are lawyers, and knowing that the
republican candidates will be elected they desire to curry favor with them. The
idea that they will be favored by the candidate after he takes his seat on the
bench, is not very creditable to their estimate of the honesty or integrity of
the candidates or the lawyers who offer the bribe.
A change should be made in the manner of
conducting democratic judicial conventions in the interior of the state, which
can only be brought about by selecting business men instead of lawyers as
delegates. Business men would have no particular interest in currying favor
with the opposition candidates and they are as likely to know the qualifications
of candidates as well as the lawyers themselves, and they would be more particular
about selecting honest candidates than many of the members of the legal
fraternity are. Failure to nominate implies either that the party has no
candidate that is competent or who will take the nomination or that the
opposite party candidate is armed with every qualification necessary for the
office, and that he is so much superior to any other lawyer in the district,
that his candidacy would be satisfactory to everybody.
Such an impression injures and belittles the
party in the eyes of the independent voter, whose support is desirable and in
these days quite necessary to ultimate success. Of course there may be
occasions where an endorsement is entirely proper and commendable. Occasionally
we find a judge who has served a term, and whose record has been devoid of
partisanship and so eminently fair and intelligent, as to commend him to all
fair-minded citizens. Such a judge is entitled to the support of all citizens
for renomination and election.
HERE AND
THERE.
The children are having a good many bicycle
races around Cortland lately.
Mrs. Elizabeth Smith of Truxton has been
sent to the Binghamton hospital.
Evening services in the churches commence now
at 7 o'clock instead of 7:30.
The law office of J. & T. E. Courtney has
been connected with the telephone.
The hospital is in want of its winter supply
of potatoes. Donations will be very acceptable.
About twenty-five Cortland wheelmen were in
Dryden yesterday attending the bicycle races at that place.
Rev. J. A. Robinson of this place conducts
the services in Cavalry church, Homer, until further notice.
Messrs. Stephen and Lawrence Dillon are
teaching a large class in dancing Tuesday evenings in Empire Hall.
The dry goods stores in this city will close
their places of business hereafter at 6 o'clock P. M., except Saturday
evenings.
Forty-one candidates took the examinations
for teachers' certificates at the Normal last week. Eighteen for second grade and
twenty-three for third grade.
The Traction Co. gave the use of their road
yesterday afternoon for a trip over the entire system to the Old Ladies' Home of
Homer. Three cars were filled.
John M. Davis will give a social dance at
his hall in Freetown on Friday evening, Oct. 18th, next. Music will be
furnished by Palmer's full orchestra. Bill $1.00.
The St. Vitus dancing club gave the first of
a series of parties in Vesta lodge rooms last Friday evening. Thirty couples attended
and McDermott furnished the music.
Mr. Jas. L. McDonald of Mt Roderick, who was
so seriously injured while crossing the E. C. & N. R. R. Sept. 10, 1893, is taking electric
treatment at Dr. Strowbridge's sanitarium.
The repairs on the interior of the First M.
E. church in this place were completed last week. A new system of ventilation has
been put in and the walls have been handsomely decorated.
Hon. W. H. Clark of Cortland has presented
the Peck Memorial Library of this place with a complete file of the
"Forum" magazine. The gift is a valuable one and thoroughly
appreciated.—Marathon, Independent.
Mr. Stephen Brewer of this
place, aged 74 years, returned last week from a bicycle trip through the
western part of the state. He left town the latter part of July, made several
stops to visit friends and rode in all 620 miles.
William Sherwood, who resides
just east of Marathon, was found dead in his potato field by his son at 6
o'clock Wednesday afternoon. He had been seen about town at 4 o'clock
apparently as well as usual. Mr. Sherwood was about 60 years of age. Coroner W.
J. Moore of this place was summoned and decided that it was a case of heart
failure.
Commissioner E. C. Rindge and
a force of men are engaged in changing the highway on the west side of the
Tioughnioga river south of Port Watson-st. The new road leaves the highway at a
point about midway between the farm residence of Hon. O. U. Kellogg and the
Erie and Central N. Y. railway tracks and runs northwest in almost a straight
line and intersecting with Port Watson-st. near the school house.
The question of granting a
franchise to the Traction Co. to lay tracks from Clinton-ave. through Elm-st.
which would give the company a straight line from the Cortland House to the
river came before the trustees last Monday evening. After hearing arguments
both for and against, the matter was deferred until Wednesday evening when
another meeting was held to consider the question. The board heard arguments
and postponed action until tonight, when it is expected the question will be
decided.
John O'Connell, of the
electric light company, began work on Monday, digging the holes for the poles,
and this work is about completed. The dynamos will be located for the present
at the works of the Road Machine company. Arc lights will be placed as follows:
On the West side of the river:—Grove-st. top of hill; Academy cor. Center;
Front cor. South cor., C. Burgess lot; Tannery cor. Warren; Water cor. Carley
place cor. Warren; West Main op. V. H. Palmer's house, Academy and Tannery,
Front and Water. On the East side—West and Park; cor. Cortland and Broome; cor
H. Shattuck house; Brink, center of street; cor. Galatia and Jay; Bradford at
M. E. parsonage and cor. Hinman; Cortland cor. Bradford, op. Frank Livingston's
house, op. James Lumbard's house—Marathon Independent.
