THE EVIDENCE COMPLETE
A Strong Showing by the Borden DefenseNew Bedford, Mass., June 16 - All the evidence of the trial of Lizzie BORDEN for her life, is now before the jury, except that of a little boy, who is to contradict the two young shavers who went in the BORDEN barn, ahead of the policeman, who swore he was the first person there, and that Lizzie had not been there. These lads trouble the commonwealth's lawyers, who are clutching at straws, now that all their important evidence has sapped out, or been chopped out of the case.
To-day the lawyers for Lizzie BORDEN had a gala day. They put on many important witnesses, and the district attorney had such bad luck cross-examining them, that it seemed as though he strengthened every point for the defense. The court room was crowded, and special passes by the lawyers were of no avail, because not a seat was empty in the place. The ?able garbed, prisoner was at her very best in looks and spirits, and sat wedged in among her lawyers, a bright-faced, bright-eyed, wide-awake old maid. The court decided that they could not admit the French wood chopper's testimony about seeing a wild-eyed lunatic in the woods, with his bloody shirt, his axe and his monotonous wail about "Poor Mrs. BORDEN." As the girl's lawyers do not feel the need of fastening the murder on any one, but are only concerned in clearing Lizzie's skirt of suspicion, they manifested utter indifference when the offer of this rambling yarn was declined.
The day was short, busy and very important. The defense has no story or explanation to offer, its only aim has been to weaken or contradict the government's charges. The topics treated to-day were the alleged stupidity of the prisoner at the time the murder was discovered, the story of the paint-stained dress that she burned up, and the veracity of Mrs. REAGAN, the police matron, who says she heard Lizzie BORDEN say to her sister, "You have given me away."
The defense enjoyed perfect and over-whelming success in disposing of all these matters. Too much time was spent over Mrs. REAGAN'S tale of the quarrel of the sisters. It was utterly demolished by a little Miss named Lizzie BRIGHAM; yet other women, reporters and citizens generally were called to bury the story deeper than KIDD'S treasure is hidden. As to the paint-gummed dress, there was equally ample proof of it, and proof, too, that Mrs. RUSSELL, the close friend of Lizzie BORDEN, had told the police of it only when begged to do so by the sisters after she had neglected to betray their secret. As the poor woman had been roughly handled for the part she appeared to play in betraying her friend, this statement should lift from her the load of anguish that is said to weigh her down. Finally there was evidence that Miss Lizzie BORDEN wept in the presence of the mutilated remains of her father. Her lawyers not only proved this by their witnesses, but they dug up Bridget SULLIVAN's testimony to that effect as she gave it at the inquest.
The sensation of the day was the appearance of Miss Emma BORDEN on the witness stand. She was subjected to a long examination by her sister's lawyers, and then was handed over to the mercy of District Attorney KNOWLTON. It is said that she appeared afraid afterward that she had done her sister's cause little if any good, and it is reported that she asked Lawyer JENNINGS why he had called her, when he had more than enough evidence without her's. Her nervousness after it was all over, was the natural result of the nagging to which the district attorney subjected her. In the eyes of the sisters Mr. KNOWLTON is the embodiment of their evil genius, and the personification of the inexorable spirit of the law. They do not have a spoonful of nervous energy when he dashes into the surroundings.
Among the lawyers, District Attorney KNOWLTON cut the supreme figure to-day. He has had charge of this case from the date of the inquest on the bodies, when he excluded the girl's lawyer, and had already decided her to be a murderess. He knows his own side of it as PADEREWSKI knows a piano, and he appears not to be able to find a flaw in it, or to comprehend that there is any other side to the matter. If he were a witch burner, or possessed the spirit of one, unimpaired since early colonial times in Massachusetts, he could not be more firm and unyielding than he is in this regard, and he has behind him the strong pressure of his big and forceful personality. He is a very large and powerful man with a head as hard as iron set on a neck that is a tower of strength. His shoulders are a yard apart, his legs are like the foundations of a bridge. He is by nature combative and he snorts like a war horse whenever he lounges or revives.
It is worth a great deal to a lover of the sports of the legal arena to see this Colossus pitted against the slender sister of the prisoner. He could not shake her testimony on any point, so he took to prodding her on the shadings and edgings and ?ace work of the meanings of words, and of the smallest details of what she told about. He advanced toward her with something like the impetus of a locomotive, and he shook her by bits of testimony as a bull terrier would shake a rat. She was as interesting in her way. She had been smiling and agreeable towards her sister's lawyers, but upon Mr. KNOWLTON she turned a cold, steely eye, a set mouth and a proudly erect head. She nerved herself for him at the start, and she never relaxed her bold, calm demeanor for an instant. He made nothing of her and the shadow he threw on her testimony, fell on his own cause, and not on her sister's.
_________________
FOR THE DEFENSE
It was an Unfortunate Day for the District Attorney.
New Bedford, Mass., June 16 - There was less of a crowd at the court house this morning at the resumption of the BORDEN trial than there has been at any time since the beginning of the trial, although the weather was delightfully cool inside and fans had been retired. Among the early visitors was Miss Emma BORDEN, who is, it is understood, to be called by the defense, although she was down as a government witness. Miss Lizzie told ex- Governor ROBINSON as he greeted her this morning, that she had not passed a very restful night; and the intimation came, with a cheering smile, that she would feel better by and by.
The most talked of matter in town last night was the evidence under discussion
as to its admissibility when court adjourned last night. It was well-known what
that evidence is. It is that of the man LeMAY who made a statement soon after
the murder that he saw a lunatic with an axe in the woods. The man was all bloody
and kept saying "Poor Mrs. BORDEN." "Poor Mrs. BORDEN."
This was on the day after the murder.
The decision relative to the admission of that evidence was in order the first thing this morning and, after the jury had been polled, counsel entered into a discussion with the justices upon some points which the latter desired made more clear. Following this the court said it was clear that the evidence offered on the head above referred to could not be admitted and Mr. JENNINGS desired exceptions noted, at the same time stating that he would put in writing just what he had intended to show.
The first witness to-day was Sarah R. HART of Ti?erton, and she said: "I lived in Fall River ten years ago, on or near Second street most of the time. I knew Andrew J. BORDEN by sight and I knew where he lived; I had a sister who lived in the Dr. KELLY house some fifteen years, and I was in the habit of going there frequently. On the day of the murders I passed by Mr. BORDEN'S house with my sister-in-law, Mrs. MANLEY; it was about 9:50 A. M.; we passed by the north gate and stopped there to speak to my nephew, who was there in a carriage, and went up to the back of his carriage. While I was there I saw a young man standing in the gateway; it was not Mr. BORDEN; he was resting his head on his left hand, his elbow being on the gate post; I was there five minutes, and he was there when I went away; I went down to Main street and got there just in time to catch the 10 o'clock car for the north. (This car leaves the city hall for the north at just 10 o'clock. Here witness pointed out on photography where she saw the man.) The carriage was a little to the north of the gate; I didn't notice the man as I passed by the gate, but only when I turned around."
Charles SAWYER, painter, Fall River, said: "I recall the day of the BORDEN murder. I was in No. 81 Second street, Mr. RICH'S shop, when I heard that a man had been stabbed, and I went out on the street. I saw Mr. HALL and Miss RUSSELL; she was going up on the other side of the street. I walked along with her until I got to the gate of the BORDEN house, when I turned around and walked away; when I turned away I met Officer ALLEN at Mrs. CHURCHILL'S gate; I went back with him and he put me on guard at the side door, after we had been in the house. When I was in there Miss RUSSELL, Mrs. CHURCHILL, Miss Lizzie and Bridget SULLIVAN were in the kitchen; Miss Lizzie was sitting in a rocking chair and the others seemed to be working over her, fanning her and rubbing her hands; I was close to her all the time. She appeared to be somewhat distressed. I saw no signs of blood on her head, hair, hands or dress; I cannot tell what kind of dress she had on, whether it was dark or light; after that I was back and forward in the entry, and when people came I let them in and sometimes I was out on the steps. The first officer who came after ALLEN left was DOHERTY. I should say it was 11:10 or 11:15 when I was standing at the door, but I never looked at my watch; it was ten or fifteen minutes after ALLEN left before DOHERTY came. Some one came with him. I think it was Frank WIXON; Officer MULLANEY followed about that time and others soon after. There were many others passing to and fro about the building, going over the place; some of them went to the barn and I saw them standing by the door of the barn (pointing out location in photograph). I remember seeing Alfred CLARKSON; he was one of the first there, and I should say he came before Officer FLEET. There were some boys in the yard. I say a RICH boy there, as I remember it. Police were coming up every fifteen minutes, but I do not remember all of them; I remember a man named DONNELLY speaking to me; there was a time when I was up looking at Mrs. BORDEN'S body when I was not at the door; Mr. BOWEN and Officers DOHERTY and MULLALY went up when I did; then I went back to the door, which I fastened and went up stairs; I did not see Officer MEDLEY there very early in the day."
John J. MANNING, reporter, Fall River, said that he first heard of the BORDEN
murder some time before 11:30 o'clock. Mr. O'NEIL, city editor of the Fall River
Glove, told him to go up Second street, as there had been a stabbing affray
there. He ran most of the way. He then told what he did while getting his story
of the crime. He said:
I remember the publication of Mrs. REAGAN'S story, and I had an interview
with her; I think it was the same night of the publication. In answer to a question
from me she said there was nothing in it; I wanted to know whether it was true
or not, and I wanted a negative of affirmative statement."
Cross-examined: "I saw her at her house; there was another person with
me; I had nothing to do with the affidavit; I didn't read the story to her;
just told her what had been printed; I don't recall what she said to me about
believing what was seen in the newspapers, but I won't say she didn't say it,
or that she didn't say she would tell her story in court."
Re-direct: "When I went to see Mrs. REAGAN I was local reporter for
the Associated Press and it was in that capacity that I went to see about the
truth or falsity of that story; Mr. WHITE, a New York reporter, was with me
for the same purpose, and she knew we were reporters."
Q - "Reporters were numerous about that time, were they not?"
A - "Yes."
Q - "And somewhat persistent?"
A - "Perhaps you can answer that question yourself."
Thomas F. HICKEY, reporter of the Fall River Globe, said:
"In my capacity as reporter I saw Mrs. REAGAN on Friday about the story
referred to above. I said: ‘I see you're getting yourself in the paper, Mrs.
REAGAN.' She said: ‘Yes, but they have got to take that all back.' I asked her
about the quarrel, and she said there had been no quarrel. I asked her if she
had repeated any words of the sisters, and asked her if there was any truth
in the report, and she said absolutely none."
Cross-examined - "I represent the Boston Herald, and the Boston Globe
published the story. The Globe had what is called a ‘scoop,' although I understood
that morning that the Herald had published the story; I went into her room where
she was on duty and was alone; I knew her; I was sent by Mr. BILLINGS, and was
after something to offset the Globe's ‘scoop.'"
James WINNWARD, undertaker, testified:
"I had charge of the bodies of the murdered people; I do not remember
whether Mr. BORDEN had a ring on his finger or not when I prepared his body
for burial."
Mrs. Mary R. HOLMES, Fall River, wife of Charles K. HOLMES: "I know Miss BORDEN and have known who she was from childhood; she is a member of the church I attend, the Central Congregational; she has been a member five years, and has taken part in much of the church work I was not engaged with her in some of the special work of the church; she was on the hospital board with me, but she was engaged in the Chinese work, while I was in the Bible class. I am considerably older than she; I was but little acquainted with Mrs. Abby D. BORDEN, although she was a member of the same church; I have seen Miss Lizzie and her stepmother at church together; I first heard of the BORDEN murder at 11:45 o'clock; I went to the house about 1 o'clock and sat down in the kitchen; some one told me soon after that Lizzie would like to see me; she was in her room and some men were talking with her. I don't think Officer FLEET was there then; I think Dr. BOWEN came up a few minutes after, and before Officer FLEET came. We locked the door because there were so many men about that we didn't want them to come in the room."
District Attorney - "I beg your honor's pardon, but I think this is
overstepping.
Witness - "Excuse me, but I am not used to this business and I expect
to overstep."
Dr. BOWEN, witness continued, shut the door after he came in and when FLEET
came he opened it to see who it was; I knew the doctor would not let him in
until after he had consulted us. When FLEET came in he asked Lizzie some questions,
and Lizzie said she wished he would be quick about it, for she was very tired,
having answered a great many questions. She told about going to the barn and
looking after the lead. Then the officers proceeded to search the room and had
Lizzie's free consent, and they made what I should call a thorough search. I
should think they were in the room talking and searching half an hour. All the
time Miss Lizzie was lying down. I remained in the house until 8:30 o'clock.
There was a use for the toilet articles that afternoon for washing and various
purposes. Witness was asked to Lizzie's conduct over her father's body on the
day of the funeral, but this was objected to on the part of the government and
withdrawn. A question as to whether she went down to look at her father's body
before the funeral was objected to, but the court, assuming the question to
be preliminary, allowed it to be answered, witness answering in the affirmative.
Witness was asked what Miss Lizzie did when she went down into the room and
this was objected to; thereupon the chief justice called counsel to the desk
for consultation, the result of which was that the question was changed to:
"At this time when she was viewing her father did she shed tears?"
Witness continuing said: "I saw some handkerchiefs on the day of the
murder; some were ironed, some were not; the ironed ones were put in a drawer.
When I arrived there Lizzie had a pink and white striped wrapper on." The
dress shown in court was produced again and witness said Lizzie had it on Friday
morning and she thought on Saturday, Miss Lizzie was to go to Marion, but didn't
go with the party. I remember the publication of the quarrel story; after it
was published I had a talk with Mrs. REAGAN about it; she spoke to me about
it; she said:
"Mrs. HOLMES, you know it isn't so; for it was the time we were talking
about the eggs;' it was on Friday this occurred. I remember a time after that
conversation; the same I think it was when I was sitting in the matron's room,
when some gentlemen came and talked with Mrs. REAGAN. She went out and came
back seeming quite disturbed; she went by me and sat down, saying nothing to
me. I heard nothing of the conversation between her and the men before they
all went out. There was some conversation between her and Mrs. BRIGHAM but I
cannot recall it. I heard Mrs. REAGAN say she would sign the paper if Marshal
HILLIARD was willing; this was to the gentleman who came in, and she said it
just before she went out of the room."
Cross-examined: "All the time Miss BORDEN was in the matron's room she
had the privilege of receiving certain friends; I only know there were some
excluded because I was told that an exception had been made in my case."
Charles J. HOLMES, Fall River, banker;
"Have lived in Fall River fifty years. I know Miss Lizzie BORDEN. I
was present at the hearing on the first day in the Fall River court house. I
know about the paper given Mrs. REAGAN to sign; it was read to Mrs. REAGAN.
I heard it read; I have a copy of the original paper in my pocket. I have
a copy of the newspaper in which it was published also." (Here witness
produced a copy of the Fall River Herald, saying when he saw it that he supposed
it was a copy of the Daily News of that city, but after search the article was
found and vouched for by Mr. JENNINGS.)
Witness was shown a typewritten copy of the same, identified it, and read
it; it was essentially a denial of the story; witness said it was read to Mrs.
REAGAN and she said it was true and that she would sign it if the marshal would
allow her. "Then Mr. BUCK and she went down to the marshal's office; then
they came back and went into the matron's room and I don't know personally what
happened there. Down stairs, after the marshal refused to allow her to sign
I heard part of the altercation which ensued."
Cross-examined: "I heard Mr. JENNINGS'S voice and a reporter, whom I
think was Mr. PORTER; there was a very heated conversation, and I had an idea
he was connected with a Fall River paper. I attended the trial all through as
a friend of Miss BORDEN. I don't know that Mrs. REAGAN had ever been summoned
as a witness, and the only reference to the taking back of anything was as to
what was published in a newspaper. The day was one of a great deal of excitement.
I was trying to get a denial from Mrs. REAGAN of the story over her own signature,
and it had no bearing upon the case then going on in court; it was simply to
correct one newspaper story. She never signed it."
John R. COLWELL, reporter, New York, said:
"I reported the trial in Fall River; I recall the date when Mrs. REAGAN
was asked to sign the paper, and saw it read to her, but was too far off to
hear what was said. Mrs. REAGAN took the paper to Marshal HILLYARD, and he said
if she signed it would be against his orders; then she went out and he ordered
me out."
Cross-examined: "I don't know that HILLYARD said she would say what
she had to say in court. There was quite a crowd in the corridors when Mrs.
REAGAN went down, mostly reporters. Mrs. PERCY, another reporter and I were
the only ones who went into the office. Mrs. PERCY is now in Italy."
Mrs. Mary E. BRIGHAM, Fall River:
"I know Lizzie BORDEN and have known her all my life; we were lifelong
friends and attended the same church. I visited her quite frequently. Mrs. REAGAN
told me one day, after court, when we were in the matron's room, about a quarrel
between the sisters. I saw Mr. BUCK with a paper in his hand which he read to
her; they both went out and she came back mad. She said she was willing to sign
the paper, but the marshal would not let her; that she would rather leave her
place than to stay where she had been lied about; that it was all a lie and
there had been no quarrel.
Cross-examination brought out no change in the testimony.
Mrs. HOLMES testified that the officers were not hindered in entering defendant's room and thoroughly searching the house. Defendant wept when looking at her father's remains on the day of the funeral. Defendant wore a pink wrapper when witness went to the house and wore the dress given to the government Friday and Saturday. Mrs. REAGAN told witness that the "you gave me away" story was untrue. The defendant sat with her face in her handkerchief during much of Mrs. HOLMES' testimony.
John R. CALDWELL, reporter, testified that Marshal HILLIARD told Mrs. REAGAN if she signed the denial of the "You gave me away story" it would be against his express orders.
Mary E. BRIGHAM testified that Matron REAGAN said about the story: "It is all a lie from beginning to end. I was willing to sign that paper, but the marshal would not let me."
Emma L. BORDEN, sister of Lizzie BORDEN, was called and said: "We have lived in the house we now live in twenty-one years last May. At the time of the murder Lizzie was possessed of property as follows: $170 in the B. M. C. Durfee Safe Deposit and Trust Company; $2,000 in the Massasoit National Bank; $5,000 in the Union Savings Bank; $141 in the Fall River Five cent Saving bank; two shares of the Fall River National Bank, stock; four shares of the Merchants' Manufacturing Company stock; five shares of the same, another date."
"My father wore a ring on his finger," said witness (after property list had been read); "It was given him by Lizzie; she had worn it herself before; he constantly wore it after, and it was buried with him. I have an inventory of the clothes in the closet on the afternoon it was searched, made up a week ago from my recollections. There were eighteen or nineteen dresses in there, only one belonged to Mrs. BORDEN; the others were Lizzie's and mine; there were ten dresses there in which blue was a marked color; eight were Lizzie's, two were mine. I was there when the search was going on."
Witness was asked as to what Dr. DOLAN said in regard to a thorough search, and the government objected, but the court allowed the question in slightly different form, and the answer came that the doctor said the search had been as thorough as it could be, unless the paper was torn from the walls or the carpets taken up.
Asked if Mr. JENNINGS had asked Dr. DOLAN as to whether the search in the upper part of the house had been completed, objections were made and the court thought the question should be made definite, and then another consultation took place. Meanwhile Emma, becoming fatigued, was given a chair. The question was excluded and allowed to be put in another form and witness answered in the affirmative. This was on Saturday after they had taken the dress away; it was about 6 o'clock in the afternoon. They had been searching all the afternoon."
"You said" continued witness referring to Mr. JENNINGS "every
box and bag has been searched, and I think something was said about a search
in the cellar. This is what you said Marshal HILYARD told you; Lizzie and I,
both, went to the attic to assist in opening trunks. We never made the slightest
objection to the searches and told them to come as often as they could and make
as thorough searches as they could. The Bedford cord dress was made the first
week in May at our home. It was a very cheap dress, 12 or 15 cents a yard and
about 8 or 9 yards in it; plainly trimmed; not more than days were used in making
the dress; Lizzie and I assisted, as we always did. The work was done in the
guest where it was always done. The dressmaker made several for us at the same
time. The painters began work after the dress was made; Lizzie got some paint
on this dress within two weeks after it was made; she got the paint on the front
breadth and the side; that dress was hanging in the front closet on the day
I came home. I know because I went in to hang up a dress and found there was
no nail."
Q - "Did you say anything to Lizzie about that dress because there was
no nail there?"
Objected to but allowed.
A - "I did. I said you haven't destroyed that old dress yet. Why don't
you do so? It was very dirty; badly faded, and I don't remember having seen
her use it for some time. It couldn't have been made over, because besides being
badly soiled, the material and color were such as to render it impossible. It
was a very long dress, an inch and a half longer than her pink wrapper. The
sleeves were full and the waist was a blouse waist. The back skirt was longer
than any other dress except those cut en train. She had no other dress which
she could have got on over that dress, because they were made too snug. She
could not have it on under the pink wrapper, because it would have shown. The
next I saw of the Bedford dress, I was in the kitchen on Saturday when I heard
my sister's voice. I looked around and saw her with the dress on her arm. She
said: ‘I'm going to burn this old dress,' and I said, ‘I would,' or ‘why don't
you?' and turned away. I didn't see her burn the dress. Miss RUSSELL was there
at the time."
Q - "Did you or your sister keep a rag bag?"
Objected to and excluded.
Q - "What was done with the places of cloth or your old dresses."
Excluded.
Q - "Do you know of your sister's habit of burning old dresses or portions
of old dresses previous to this time." Excluded. Exceptions noted
Q - "What happened next in reference to this dress after the burning.
Was anything said by Miss RUSSELL in regard to this dress?"
A - "Yes. On Monday Miss RUSSELL came to us in the dining-room and said
she had told Mr. HANSCOM a falsehood, and I asked her what that was for. She
said, he asked her if all the dresses were there at the time of the murder and
she had said yes. Then it was decided between us that she go and tell Mr. HANSCOM
she had told a falsehood. My sister said at the time: ‘Why didn't you tell him
about it, why did you let me do it?' I remember the story about the quarrel
between my sister and I. It was told me by you (Mr. JENNINGS) the morning the
story was published. I never had any such conversation with my sister as was
reported. There was never any trouble or quarrel in the matron's room between
us while she was there or anything that could be construed into a quarrel. Lizzie
never did put up her finger and said anything about giving in. There was no
conversation about you (Mr. JENNINGS) telling her (Lizzie) all.
Cross examined: "Upon the day these murders happened I was in Fair Haven,
I received a telegram from Dr. BOWEN and went right home arriving about 5 o'clock
that afternoon. I had seen Lizzie a few days before when she had been to New
Bedford. She remained here from Thursday till Tuesday. She went to Marion a
week from the following Saturday. When we began to occupy the whole of our house
there were some changes in the sleeping rooms. I saw Mr. MORSE three or four
weeks before the murder. He had stayed at the house over night some time previous.
I think he slept in the attic. He usually went there when we were using the
sewing room. He probably stayed over night two or three times. He is my own
uncle. We had other uncles and we have an aunt, Mrs. MORSE, who lives in Fall
River. I don't know where she lives. I had another relative there, Mrs. HARRINGTON
and I went there sometimes. They lived on Franklin street. My stepmother had
a sister there, Miss WHITEHEAD who lived in the house partly owned by stepmother
to whom it was given by my father.
Q - "Did this make any trouble in the family?" Objected to.
A - "Yes."
Q - "Between whom?"
A - "My father and others. It made trouble with my stepmother and Lizzie.
We found fault with it. Because of the trouble, or after it, father gave us
another house, grandfather's. It was more than an equivalent. After that event
the relations between our stepmother and ourselves were unchanged; my sister
ceased to call her mother at one time, but I don't know when it was; I don't
remember ever saying that the relations between Lizzie and our stepmother were
not cordial; I don't remember saying my relations were not cordial; I still
say that for the last two or three years our relations were cordial."
Questions and answers of the preliminary hearing were read to witness and
she remembered some of them, but could not remember all. Witness contended that
the relations between Lizzie and Mrs. BORDEN were entirely cordial. Witness
said the breach caused by the giving of the property to her stepmother was never
healed so far as she was concerned, although it was on Lizzie's part; she knew
of no enemy her stepmother had in the world. "My room was directly over
the sitting room; I previously occupied my sister's room and she the one I am
in now. The change was made about two years ago. I offered her my room. We used
the guest chamber as a sewing room and as a guest chamber proper."
Recess was taken until 2:15 P. M.
Emma BORDEN resumed on cross-examination: "Bridget SULLIVAN had been with us two years and nine months. We took care of our own rooms and usually I cared for the guest chamber. Lizzie did any thing about the house she cared to do. We usually reached our rooms by the front stairs. The front door was always locked at night and the last one to bed locked it. Lizzie usually unlocked it in the morning. In regard to the note I only looked in the little bag and in the work basket down stairs. I advertised in the Daily News of Fall River for the messenger or writer. We have made no other search. Mr. HANSCOM was a detective employed by my sister, and I saw him first on Sunday after the murders. He was at our house some. I don't think I can tell how long he was employed by us, but I think two or three weeks. I never have seen the handleless hatchet and I don't know anything about it. I don't remember ever seeing but one hatchet and I can't describe it to you; all of our family had water proofs; Mrs. BORDEN had a dark one, it was kept in the little closet; Lizzie had one of blue cloth; I had one too; a gossamer; no interview whatever took place between Lizzie and me as stated by Mrs. REAGAN; I only remember Mr. JENNINGS saying when he came in that he would like to see my sister alone. I don't remember saying anything in particular; there was nothing but ordinary conversation. I have no recollection of sitting silent for an hour at a time. Miss RUSSELL was an intimate friend of Lizzie. They were on excellent terms and there was no lack of harmony between them; they were not associated in church work; she stayed in the house two or three days, but I cannot say whether it was at anybody's request. The first thing I said when Lizzie was standing by the stove with the dress was as I have stated before. I don't remember Miss RUSSELL saying what she says she did; Miss RUSSELL I saw after I turned and saw Lizzie."
.Witness was here called upon to give once again a detailed account of the
dress and its condition.
"I did not hear Miss RUSSELL say ‘I wouldn't burn it, Lizzie.' I did
not see my sister take a step back, because I never saw her after I had turned
back to wash the dishes, after seeing what she had on her arm."
Mrs. Mary A. RAYMOND, dressmaker, No. 51 Franklin street, Fall River, testified:
"I have done dressmaking for Lizzie BORDEN at her home; I also worked for
Mrs. BORDEN; I made some dresses for Lizzie last spring (1892); I went to the
house the first week in May and was there three weeks; the Bedford cord dress
I made first because she needed it; it took me about three days and the sisters
helped me; it was a light blue dress with a dark figure; it was made with a
blouse waist and full skirt; the skirt was longer by half finger than she had
been in the habit of wearing; it was a cheap cotton dress with little trimming;
the painters were painting the house when Lizzie was wearing the dress; she
put it on as soon as it was done; I saw the dress after it was ‘painted;' the
paint was on the front and back; she had an old wrapper which this was to take
the place of; she cut some pieces out of the old wrapper while I was there and
took it down stairs; she could not get that dress on under any other dress.:"
Cross-examined: "I cannot describe the color of the spots on the dress;
they were darker than the body; when light blue fades I don't think it resembles
drab; I didn't tell Mr. SHAW or you (KNOWLTON) that this was so; I did say that
after I had read Dr. BOWEN'S testimony I thought he might have taken this color
for drab." Re-direct: "Mr. SHAW, who said he was a detective, came
to see me about this dress the other day."
Mrs. Dr. BOWEN said: "I live across the street from the BORDENS and
have lived there all my life; I have always known the BORDENS; I went to the
house on the morning of the murders; Miss Lizzie was in a chair in the kitchen;
Miss RUSSELL was sitting beside her and Mrs. CHURCHILL was standing beside her;
Lizzie's head was against Miss RUSSELL'S shoulder and I thought she had fainted
until I saw her lips tremble; her face was so white, her hands were very white
resting as they did on the dark dress she wore; it had a white design on it;
(dress shown which has been in the case all along with blouse waist, and witness
thought the waist was the same); I saw no blood on her face, hand or hair or
anywhere about her."
Cross-examined: "I noticed her hands were clean and white; there was
no appearance of her having been out in the dusty barn. I was somewhat agitated
when I went in there and never looked at her with any idea that anybody charged
her with the crime, only as an object of pity; the figure on the dress is what
I would call a spray; when I said at the first hearing that it was a blouse
of blue material, with a white spray running through it, I had in mind a blue
waist with white figures; this waist has no ‘sprays' on it."
Mr. BRIGHAM, recalled, said: "I was at the police matron's room on the afternoon when some experiments were made with an egg; I took the egg there. I remember seeing a reporter there that day. I think it was Mr. PORTER; Mrs. REAGAN went into the corridor to see him and she came back saying: ‘That reporter has been after me again and I told him I had nothing to tell him.' When I was at the BORDEN house I made some experiments to see whether I could see a person lying down on the floor of the guest chamber between the bed and the bureau, from the hall in front of the door; I made them with Mr. MORSE lying on the floor; I could not see him until I stepped into the room. I have had some experiments with the front door and I found when the bolt was used the door could not be opened; when the spring was used unless the door was slammed, the spring was not sure.
Annie M. WHITE, stenographer, said: "I took Bridget SULLIVAN'S testimony at the inquest." (Here witness read from Bridget's testimony in relation to the time Lizzie called her, and it was shown that Bridget said that Lizzie was crying. At this hearing Bridget has denied this.)
John FLEET'S testimony at the preliminary hearing did not contain the statement
alleged by him at this hearing to have been made by Lizzie, in substance that
Lizzie saw her father was feeble and she persuaded him to lie down on the sofa.
Here defense rested at 3:15, and the government asked for fifteen minutes
to prepare for the introduction of testimony in rebuttal.
In rebuttal: Rufus B. HILLYARD said: "I first heard of the quarrel matter and went to see Mrs. REAGAN at her home about 9 o'clock that same evening. The next afternoon at the close of the hearing Mrs. REAGAN came to my office with Mr. BUCK who had a paper in his hand. Mrs. REAGAN took a seat outside the rail; Mr. BUCK came inside and showed me the paper stating that Mrs. REAGAN was willing to sign it if I would let her. I glanced at the paper and then at her and said: ‘If you sign this you do so in direct opposition to my orders.' Then I told her to go to her room and attend to her duty. There was a gentleman and lady there besides. I think, they were connected with some paper." He was asked if in any way he had sought to have Mrs. REAGAN say or do anything in this matter which was not correct, but the question was objected to and excluded.
Officer MULLALAY: "I received some information about ROBINSKI from Mr.
WILKINSON. In consequence of this I saw him and talked with him, but can't say
just where it was; he told me that he was coming down Second street on the day
of the murder, and as he got near the house he saw a lady passing from the barn
to the BORDEN house; he said it was 10:30 o'clock. I made a memoranda at the
time and here it is; that is a book I put my reports in."
Cross-examination: "That was the 8th of August I talked with him; he
said he came down Second street on the day of the murder; he didn't say whether
he had his team or not. I didn't ask him that, I recollect; I didn't learn from
him that that was his usual time for leaving, and that he was late that morning;
he said he had come from Mr. GARDNER'S stable. I don't know where the stable
is. Mr. WILKINSON, his employer, told me about what ROBINSKI saw."
Miss WHITE was recalled. Her attention was called to the testimony of Mr. CLARKSON at the preliminary hearing under the questioning of Mr. JENNINGS, where it was shown that he had said that he was at the BORDEN house about 11:40 o'clock on the day of the murders.
Referring to Emma BORDEN'S testimony at the inquest about the relations between
the girls and the step-mother, where it was shown that she said that Lizzie
and her step-mother were on more cordial relations than Emma and her step-mother,
and that the cause of disagreement was property matter. Referring to the testimony
of Mrs. BOWEN at the preliminary hearing, it was shown that then, speaking of
the dress worn by Lizzie on the morning of the homicide, she said she had on
a light blue dress with a blouse waist, with a white spray (the blouse worn
has white spots, the skirt has white sprays).
Cross-examined: Referring to the testimony of Emma in regard to the property,
it was shown that it was not long after the property was given to the step-mother
that the homestead was given to the girls, because a friend had told them the
father had said he was going to give it to them and advised them to ask for
it.
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NIAGARA
Ex-Supervisor Eugene KARNS, who has been suing the Lockport Sun for alleged money invested in that paper, was awarded $200 yesterday by the presiding justice. An appeal will probably be taken.
Oliver B. WEAVER and Miss Adeline FORD, both of Lockport, were married yesterday afternoon. Fred CRONE of Holley and Miss Belle CARRIER of Lockport were married at the latter place the day before by Rev. J. H. PERKINS. The couple will reside at Holley.
At 5 o'clock yesterday morning Mr. Roland SEARS died at his Lockport home. He was 78 years of age, and the father of Mrs. Henry S. IVES of New York. Deceased was a prominent hardware merchant for many years, and for the last few years had been an invalid.
George BROMLEY of Middleport was before United States Commissioner John POUND yesterday at Lockport, charged with selling liquor without the necessary government license. The prisoner pleaded not guilty and his examination will be continued before the commissioner Thursday next.
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SENECA
Miss Ella MALONEY, of Waterloo, and Thomas CLARY, of Seneca Falls, will be married at St. Mary's church, June 28th. Rev. John J. HICKEY, the rector, will officiate.
George H. ZARTMAN, of Fayette, died on Thursday night, aged about 72 years. He was a wealthy and highly esteemed farmer, and a leading member of the Waterloo Methodist Episcopal church. He leaves a wife, three sons and two daughters, Rev. Joseph ZARTMAN of the Syracuse conference; George E. and Charles E., of Waterloo; Mrs. POFFENBERGER, of Fayette and Mary, wife of Rev. John YOST, of Dakota. The funeral will be held at 3 P. M. to-morrow.
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CATTARAUGUS
The annual commencement exercises of the Salamanca high school will be held next week. To-morrow evening the baccalaureate sermon will be delivered in the Methodist Episcopal Church by Rev. G. W. PECK, LL. D., pastor of the North Avenue Methodist Episcopal Church of Rochester. The graduating exercises will be held Thursday evening.
At a meeting of the Salamanca village board Wednesday evening it was voted to reorganize the fire department and put it on a volunteer basis. It was changed from a volunteer service to a paid service about five years ago and has never proved very satisfactory. Immediate steps will be taken to effect the change and several companies of volunteer firemen will be organized.
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WAYNE
Children's day, or Rose Sunday, will be observed with appropriate exercises at the Church of the Good Shepherd, Macedon, to-morrow morning. The exercises by the members of the Sunday school will consist of declamations and singing, with a short address to the young people by the Rev. C. L. PADDOCK, the pastor of the church. The church will be elaborately decorated with roses, ferns and cut flowers.
The commencement week of the Marion collegiate institute began last evening with alumni contest in declamation and recitation. The balance of the exercises are as follows: Baccalaureate sermon by Rev. James H. LOVELL, of Suspension Bridge, to-morrow evening; annual meeting of trustees, Tuesday afternoon; commencement, Tuesday evening; alumni banquet, Wednesday afternoon; address before alumni by Senator Charles SAXTON, of Clyde, Wednesday evening.
The commencement exercises of the Newark Academy were held last evening in the chapel of the school building a large crowd being present. The class contained fifteen members, and entertained their audience by discoursing on the following subjects: "Salutatory," by Miss Lulu G. HILL; "The Genius of Life," Henry C. BUTTON; "Gum," Gussie C. WILLIAMS; "The Power of Repose," Roy M. BROWER; "The Power of Mind," Edith E. KING; "Modern Pilgrim's Progress," Alice VAN BENSCHOTEN; "The Class History," William CASSIN; "Memorable Days," Alice V. POLLOK; "One Fly," Wilford T. PURCHASE; "Pepper and Salt," Lulu G. HILL; "The Gordian Knot," Homer CROTHERS; "Roses of June." Letitia A. SMITH; "Class Prophecy," Harriet M. BLACKMAR; "Modern Maxims," Christie A. HARTNAGLE; "Class Will," Myrta A. PIERSON; valedictory, "Push and Pull," Grace RICHARDSON. At the close President VARY of the board of education presented the diplomas to the members of the class. After the graduating exercises had closed, the present class and the class of last year gave a reception to several hundred of their friends in the Sherman opera house.
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ORLEANS
The baccalaureate address at Albion will be delivered at the Baptist church to-morrow evening by Rev. Dr. A. C. OSBORN.
To-morrow morning at the Medina Methodist Episcopal Church the pulpit will be occupied by Professor Henry PEASE, in the absence of the pastor. In the evening the Rev. T. M. WILLIAMS of Millville will preach a sermon on Odd Fellowship. The members of the Medina lodges of that order will attend in a body.
George VAN ORNAN of Lyndonville attempted suicide on Thursday by taking Paris green in a drink of cider. Every effort was put forth as soon as the act was discovered, and it is thought that his life is saved but he is still in a very precarious condition. Young VAN ORNAM was despondent because of the hold the liquor habit had on him and his inability to effect a cure.
The entertainment of the primary schools at Albion was given yesterday morning in the Grand opera house. First came a chorus "The Boatman's Song;" then followed recitations and declamations by Mason ROGERS, Bertha WARNER, and Charlie LITTLEBRANT, and a song, "Pretty Little Bluebird," after which Leslie KNOTT gave a declamation. The physical culture class under the tuition of Miss Harriet C. PAUL gave exercises. Winifred IRELAND and Sarah CHURCH gave recitations and then came the pretty flower dialogue. Flossie BURKE, a recitation, "The Fairy Song," followed, after which the physical culture class gave the minuet. There were recitations by Charlotte DANIELS, Georgie ASHBY, Allie BUELL and a song "The Railway Train." Neil WILCOX, Tues ACHILLES, Beth HARRIS, Georgie ROBERTSON and Julia MILLER were others who took part in the exercises, which came to a close with a chorus by A and B grades, "Auld Lang Syne at School."
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WYOMING
Those who went from Warsaw to attend the funeral of Dr. J. B. BAKER at Clinton yesterday were Dr. S. A. LEWIS, L. E. LOUNSBERY, L. B. VAN KIRK, H. L. BARR, E. E. ROWE, John L. WOODWORTH and William BRISTOL, Jr.
The alumnae of Perry union school held their annual banquet last evening at the Hotel Perry. The toasts were as follows: "Our Artist," George C. KING; "True Politeness," James B. GRIFFITH; "Last One Not Least," Fred M. WASHBURN; "Old Schoolmates," Miss Louise GREEN; "The Fade of ‘89," Mrs. F. M. WATKINS; "From Our Columbian," Alton E. HATHAWAY; "Till We Meet Again," Miss Eva J. CALL.
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LIVINGSTON
The sixty-third anniversary exercises of Genesee Wesleyan Seminary at Lima commenced last evening with the senior reception in College hall. The president of the class, L. E. WILDER, and the vice-president, Miss Bertha BERGMAN, received. The hall was tastefully decorated with flowers. A large number of invited friends, both from the village and from out of town, were present, including many of the old students who are spending the week at the seminary.
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GENESEE
The commencement exercises of the Corfu union school were held in the Presbyterian Church at that place last evening. The class graduating numbers eight. Judge Safford E. NORTH of Batavia delivered the address.
Tom ROE, who is riding from New York to San Francisco via bicycle arrived in Batavia at 10:45 yesterday morning. He spent an hour recruiting and dining and left for Buffalo. He was accompanied by Frank WALLER, a cyclist, of note.
Mr. and Mrs. Almerin JOSLYN quietly celebrated the sixty-fifth anniversary of their marriage at their home in Batavia Thursday evening. They came to Batavia in 1832 from Rochester and are the oldest married couple in this vicinity, if not in the county. Mr. JOSLYN is 89 years of age and Mrs. JOSLYN 81. Both are hale and hearty.
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MONROE
Thieves entered the residence of Elihue STONE, of Henrietta, while the family were absent a night or two ago, broke open his safe, ransacked his papers and took $60, which was in his bank book. Evidently they entered by means of a duplicate key. These occurrences are becoming altogether too frequent in Henrietta and steps are being taken to ferret out the guilty parties.
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DEATHS AND FUNERALS
Henry CHURCHILL, A Pioneer Rochester Manufacturer, Died Yesterday
Henry CHURCHILL, an old and highly esteemed citizen of Rochester, died at
his home, No. 5 Greenwood avenue, at 6:30 o'clock yesterday morning. Mr. CHURCHILL
has been identified with many important interests in this city since his removal
here from Stockbridge, Mass., in 1840. In that year he engaged in the tanning
business with his brother, under the firm name of L. & H. CHURCHILL. In
1846 he associated himself with Jesse W. HATCH in the shoe business, and J.
W. HATCH &Co., built up a prosperous industry in the city, which was continued
under the firm name of Churchill & Co., after a dissolution and the withdrawal
of the senior partner. Mr. CHURCHILL was one who, by useful inventions and well-directed
efforts, assisted greatly in establishing this branch of trade here. His own
firm led and stimulated others until they had a trade amounting to about $1,000,000
per annum. They employed some 600 to 800 men. In these and other relations Mr.
CHURCHILL has been well known as public spirited and enterprising. During several
years he represented the first ward as supervisor. He was made trustee of the
Monroe County Insane Asylum, and it was by his efforts that several of the enactments
were obtained making that institution what it is to-day. Many of the additional
buildings that have been put up are monuments showing his appreciation of the
necessities and wants of that afflicted class.
While a director of the City Bank he was persuaded to visit Albany to obtain
the incorporation of the Rochester Trust and Safe Deposit Company. His name
is associated with those who were pioneers in the early fire department, as
an officer of old No. 4, and of the Exempts in later years, and he counseled
and advised with those who made up the Firemen's Benevolent Association.
In his associations he has owned and built upon store property and other
real estate and done his share in adding to the attractiveness of Rochester.
He was one of the oldest members of the Central Presbyterian Church, and
at the time of his death one of the elders, a position to which he was re-elected
lately. He was one of the founders of the Westminister Church and always took
a deep interest in its affairs. Mr. CHURCHILL was married May 20, 1835, to Miss
Sarah DEWEY of Stockbridge. She died about five years ago. Three sons, Arthur
of this city, Henry L. of Chicago and Edward S. of Napa City, California, and
two daughters, Mrs. C. C. REED and Mrs. J. P. HUMPHREY of this city, survive
him.
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ANNOUNCEMENTS
-Ellen O'BRIEN died last night at her home, No. 131 Edinburg street, aged 73 years.
-Louisa, wife of David SCHECK, died last night at No. 340 St. Joseph street, aged 26 years.
-Margaret Louise, wife of Andrew NAGEL, died at her home, No. 453 State street, aged 50 years.
-George T. SCHAFFER died yesterday at the residence of his aunt, Miss COAKLEY, No. 54 South street.
-Louisa M., daughter of Dr. and Mrs. Charles CAMERON, died yesterday at the family residence, No. 106 Lake avenue.
-Carrie J. BANISS, daughter of William E. and Mary F. BANISS, died yesterday at the home of her parents, No. 9 Avenue E.
-Elizabeth, wife of Thomas TIERNEY, died last Friday at the family residence, No. 116 Davis street, aged 31 years. Notice of the funeral will be found in the proper column.
-Mrs. Eleanor W. BALDWIN died June 9th at the residence of her daughter, Mrs. CARPENTER, in Oakland, California, aged 82 years. The remains were interred yesterday afternoon at Riga.
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HIGHWAY ROBBERS
Two Men Arrested on Suspicion but the Right Man Turned up Later
Frank O'NEIL, a young man of slight build, was standing on Central avenue
bridge about 11:30 o'clock last night waiting for an Exchange street car to
take him to his room No. 231 Central avenue when he was accosted by two men
who, though utter strangers to him, talked with him for about five minutes.
Suddenly one of them snatched his watch from his vest pocket and then both ran
across the bridge and turned down Mill street where they disappeared in a doorway.
O'NEIL grabbed one of the men when he snatched the watch buy the fellow was
too strong for him and easily shook him off. No policeman being in sight O'NEIL
hurried over to the Central-Hudson station where Officer METZGER is on duty
and informed him of the robbery. O'NEIL described the men as being tall, of
middle age, wearing dark clothes and derby hats. Officer METZGER went to all
the saloons on Mill street and in the Leonard House found a man who corresponded
to the description that O'NEIL gave. He also heard that another man had just
gone up stairs to bed. Upon going to his room he found another fellow dressed
as O'NEIL had described.
Both men claimed to be entirely ignorant of the affair, saying that they
had not been on Central avenue bridge at any time last evening. Officer METZGER
took both of the men to the police station where they were charged with highway
robbery. They gave their names as Nelson JOHNSON and Timothy FOLEY. O'NEIL was
also detained. He is a conductor on the Exchange and Hudson street car line.
At about 2 o'clock the wagon was called to Allen street, at the railroad
bridge, to convey two men who had the appearance of tramps to the station. They
had been found sleeping on the bank of the roadbed by the officer on the beat.
At the station the men gave the names of Michael McCARTHY and Thomas CONNORS.
While searching the men, as is the custom, there was found in the right hand
outside pocket of McCARTHY's coat, wrapped in a pocket handkerchief, a large
silver watch with a hair chain. Detective LYNCH was down stairs and when he
saw the watch he immediately became suspicious that the prisoners had some connection
with the bold theft that had been reported at the station a few minutes before.
He had been to the Leonard House and had searched the belongings of the two
men thought to have grabbed the watch, but had found nothing. So he went back
to the cell in which O'NEIL was locked and asked him to describe his timepiece.
The conductor described the watch found upon McCARTHY even to the chain.
When McCARTHY was taken to a cell he snatched his handkerchief from the desk
and with it the watch chain. The chain was not missed until he was locked up
and when he was searched again it could not be found. He said that there was
no chain attached to the watch. He also said then that he had bought the watch
for $1, while in the first place, when the timepiece was taken from his pocket,
he said it belonged to his mother and that he wanted to keep it by him.
It certainly seems as though the thief of O'NEIL'S watch has been caught,
and through the system of arresting all suspicious characters that has recently
been rigidly enforced.
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ROCHESTER BUSINESS UNIVERSITY
The Rochester Business University yesterday morning awarded the prizes offered to the pupils for the best set of commercial books. W. W. OSGOODBY and E. J. SHAUGHNESSY were the judges of the shorthand contest, and J. T. ALLING and F. P. ALLEN in the bookkeeping contest. The prizes in each contest were $25, $20, $15, $10, and $5. The awards were as follows: Shorthand department: First prize, Miss Flora M. VOGEL, No. 198 Frank street; second, Miss Jessie COLE, Holley, N. Y.; third, Miss Fannie GOLDING, No. 36 Marietta street; fourth , Miss E. Teresa McBRIDE, Seneca Falls; fifth, Miss Mamie C. EHART, Lyons; Commercial students: First, Albert B. CURTIS, North Parma; second, H. S. ODELL, Middleport; third, Arthur T. WRIGHT, Penn Yan; fourth, Charles M. COE, Bouckville; fifth, L. P. BETTINGER, Lima.
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PURELY PERSONAL
-John T. ROBERTS, of Chicago, is in the city, visiting his friends.
-The following gentlemen will start for Seneca Point this afternoon to pass Sunday: Walter C. LEWIS, Surrogate ADLINGTON, Colonel James BRACKETT, B. F. FREEMAN, E. A. KALBFLEISCH, John W. LYON, T. J. REYNOLDS, George W. LOOMIS and S. D. RAYNOR.
-Michael J. HICKEY, of this city, was united in marriage to Miss Mary WESLEY, of Weedsport, N. Y., at St. Joseph church, Weedsport, last Wednesday evening. Rev. James A. HICKEY, of Geneseo, brother of the groom, officiated. Louis WESLEY, brother of the bride, acted as best man. Miss Jenneatte RILEY was bridesmaid. The ushers were J. DAILY, Weedsport; J. W. DUGAN, M. J. ENRIGHT, Frank BYRONE and Stewart BEGY, of this city. After the ceremony a reception was held at the home of the bride's parents.
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DIED
BALDWIN - In Oakland, Cal., June 9, 1893, at the residence of her daughter,
Mrs. CARPENTER, Mrs. Eleanore W. BALDWIN, aged 82 years.
-Burial to-day at 3:30 at Riga.
NAGEL - In this city, June 15, 1893, at the family residence, 451 State street,
Margereth Louisa NAGEL, wife of Andrew NAGEL, aged 52 years.
-Funeral at 2:30 P. M. Sunday.
FEENEY - In this city, June 16, 1893, Elizabeth, wife of Thomas FEENEY, aged
31 years.
-Funeral from the residence, No. 116 Davis street, Monday morning at 8 o'clock,
and from Corpus Christi Church at 9 o'clock.
CAMERON - In this city, Friday, June 16, 1893, at 106 Lake avenue, Louisa
M., elder daughter of Dr. and Mrs. CAMERON.
-Notice of funeral hereafter. Friends please omit flowers.
CHURCHILL - In this city, Friday, June 16, 1893, Henry CHURCHILL, aged 81
years.
-Funeral from the residence, No. 5 Greenwood avenue, Monday, June 19, at
11 o'clock A. M. Burial private.
DRAKE - At Grand View Beach, Corwin E. DRAKE, in the 41st year of his age.
-Notice of the funeral hereafter.
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