Rochester, Monroe, NY
Democrat & Chronicle
Feb. 24, 1896
A BRUTAL ACT
Robbers Held a Man in Front of a Steam Jet Until Fatally Scalded
Shamokin, Pa., Feb. 23 - The most fiendish attempt at robbery ever brought to
public notice here was perpetrated this morning at Luke FIDDLER colliery. Paul
OSMAN was actually boiled in steam by three masked men, and the doctors say he
cannot possibly recover. The victim resides at Hickory Ridge, and when on his
way home from Shamokin he was stopped near Luke FIDDLER by the masked robbers.
The highwaymen seized and ran him to a pipe close by, which emitted steam and
boiling water from the mine. They told him that unless he gave up $100 which
they said he had when he left Shamokin, they would boil him over the pipe.
OSMAN begged his tormentors to release him, maintaining that he had no money.
The robbers then held him over the escaping steam to torture him into
submission. OSMAN was not over the steam a minute before large strips of skin
came off his neck. He shrieked in agony for help, but his cries were unheard. He
finally fainted from pain, and the wretches thinking him to be dying laid him
upon a pile of planks and fled.
Miners discovered the unfortunate man senseless an hour later. He was removed to
his home and the physicians found that one side had been burned to the bone from
the knee to the neck. He cannot possibly recover. The police are looking for the
robbers.
****
THE HARTER SUICIDE
Fostoria, Ohio, Feb. 23 - the remains of M. D. HARTER were taken to Mansfield
to-day. There is no question now that the deed was committed at 5 o'clock in the
morning, as Mrs. PINET, residing in the adjoining house, heard a sound like the
report of a pistol at that hour. A heavy freight train was passing at that time,
and it would seem that Mr. HARTER choose this time so the sound of the report
would be drowned. Secretary FOSTER stated in conversation to-day that, a few
weeks ago, when he rode to Philadelphia with Mr. HARTER, he noted actions on the
part of the latter which he thought decidedly queer. One thing which impressed
him in particular was the fact that, although Mr. HARTER was a rampant free
trader all his life, he stated that he was now satisfied that this country
needed protection, and he earnestly hoped that McKINLEY would be nominated and
elected president.
****
THE BRIDGE WENT DOWN
Collapse of a Canal Structure at Seneca Falls
Some Narrow Escapes
Two Ladies Had Just Crossed the Bridge and a Gentleman Was Just Stepping
Upon it — Was a Second-hand Bridge - Seneca County
On Saturday the iron bridge across the Seneca and Cayuga canal near Rumsey's
shops, Seneca Falls, went down. Two ladies in a carriage had just crossed the
bridge in safety, and John BURNS, a resident of the fourth ward, with a basket
of groceries had just stepped upon it, as it gave way, but he was not injured by
the fall though badly frightened. A prominent citizen was approaching the bridge
as it fell. The bridge was a second-hand one and was purchased in Syracuse about
five years since and moved here. It was done under the supervision of the state
and was firmly built. The cause of the accident was apparently due to the fact
that the bridge seemed to have been moved from its original location, and thus
was easily jarred from the end walls.
William R. NORRIS died on Friday morning, at his home, west of Waterloo, aged 23
years.
Mrs. Frank BEEBE, formerly Miss Lillie BROWN of Waterloo, was taken ill on
Tuesday last while taking care of a brother, Frank BROWN, who is ill with
pneumonia at Waterloo. She was removed to her home at Seneca Falls, where
pleurisy was developed, which turned into a fatal attack of pneumonia, her death
occurring shortly after midnight of Friday. She leaves a husband and two little
boys.
****
ONTARIO
Henry MARTIN, of Canandaigua, a longtime prominent business man, died suddenly
yesterday. Deceased had been an invalid for some time, but his condition was not
considered serious. A widow, two sons and two daughters survive him. He had held
positions of public trust, having served as late as 1895 in the capacity of
village collector.
****
ORLEANS
Rev. Walter LAIDLAW of New York city, who is a guest of Rev. Edward Hunting RUDD
at Albion, occupied the pulpit of the Presbyterian Church yesterday morning.
****
GENESEE
A Lady Jumps Through a Window While Temporarily Insane
H. N. MARTIN died at his home in Byron Saturday morning, aged 47 years. He is
survived by his wife, son and daughter.
Frank S. YERGER and Miss May MEYERS, both of Batavia, were united in marriage by
Justice Fred H. DUNHAM at his office on Saturday evening.
During a sudden aberration of mind Friday morning Mrs. Thomas DOUD, who lives
near the West Shore depot in Byron, jumped through a window on the first floor
of the house, but escaped with slight cuts on her hand and wrist from broken
glass.
By virtue of a judgment of foreclosure and sale of two chattel mortgages owned
by Anson W. Salisbury of Buffalo, the cigar store and factory of Michael
BALLIATTE of Batavia has been closed and will be sold by Sheriff NEASMITH on
February 28. The mortgages aggregate $514.
Saturday, while Ira HAWKINS, of Alexander, was in his barn with a team hitched
together, the horses commenced to kick at each other and one of them hit him and
broke his collar bone. Dr. MILLER was summoned and reduced the fracture. It is
but a few days since Mr. HAWKIN'S little girl had the fingers of one hand mashed
in the cogs of a cutting box.
****
CATTARAUGUS
W. C. HONG, treasurer of the Seneca nation of Indians, is in Salamanca receiving
the annual rents from the whites for the Indian land which they occupy.
****
TEN PEOPLE INJURED
While Sliding Down Hill on a Bobsleigh at Avon
Riders Were Thrown
Struck the Railroad Tracks and Capsized Their Sleighs — The names of Those
Injured —
A Narrow Escape — Livingston County
A Coasting accident happened in Avon Saturday night, which resulted in a number
of persons being quite severely injured. Johnnie FINNERTY'S arm was broken in
two places, which will, it is thought, render his arm useless even after it
heals. Andrew UPSON'S leg was severely injured, as was Jay PORTER'S leg; William
and George WALLIS'S faces were injured, and Frank McLAUGHLIN had a finger
broken; Charles CHASE had his head and face severely cut. Mr, ELLIOTT, a boarder
at Hotel Genesee, had his face severely injured and lost a pair of gold
spectacles. Allison and Roger VAN ALLEN escaped with slight injuries. Medical
aid was summoned and the patients were made as comfortable as possible. The
large bob which belongs to VAN ALLEN was being used, and when near the bottom,
of Main street hill it struck the railroad tracks, throwing the riders off, with
the above result.
Mrs. Cynthia JACOBS, an aged resident of Dansville, died Friday, aged 79 years.
Deceased died after a short illness of typhoid pneumonia. Four sons and three
daughters survive her.
M. T. WALKER and Mrs. Minerva VINE were married Thursday at Erie, Pa., by Rev.
Val KERN. Both are well- known residents of Danville, where they will reside.
Mr. WALKER is one of Dansville's leading business men.
The remains of John DELANEY, of Avon, who was killed in Corning on Friday while
blowing out the fire pan of an Erie engine, were brought to Avon and the funeral
will take place to-day. Mr. DELANEY'S father was killed in the same manner some
years ago. The deceased leaves a widowed mother and one sister.
****
STEUBEN
Man Arrested at Corning Charged With Forgery and Horse Stealing
W. H. BEVINS who was arrested in Corning on Friday night while attempting to
pass a forged check of $25 for a suit of clothes at J. C. DRAKE's clothing store
had an examination Saturday before Recorder TULLY. He pleaded guilty and was
held in $500 bail to appear before the grand jury. BEVINS, while in Corning,
sold a horse and cutter to J. E. BARBER, the liveryman, for $6. He claimed it
belonged to him, saying he purchased it for $35, but needing some money sold it
at a sacrifice. BEVINS claimed he purchased the rig from Edward DOLLIVER, near
Addison. The rig was a fairly good one and he sold it to get money with which to
make his escape. Chief RYAN investigated the matter and found it had been stolen
from a farmer above Addison, so BEVINS will have to answer to the charge of
horse theft as well as forgery.
The funeral of the late Mrs. Ann DURKIN of Painted Post was held yesterday at
Corning from St. Mary's Roman Catholic Church.
Thus far there are four candidates in the field for school commissioner in the
first commissioner district, Harry W. McCHESNEY and Frank GAY, of Bath,
Professor BUTTON, of Avoca, and H. G. SKINNER, Jr., of Prattsburg.
****
WAYNE
A Well-Known Farmer Loses His Mind
Mrs. Catharine T. BREWER, wife of Bradford BROWN, of Galen, died yesterday
morning at her residence, two miles north of Clyde, aged 80 years.
Luthorn SCHULTZ, one of the oldest merchants of Walworth, died at his home in
that village last Saturday night, aged about 80 years. He is survived by a wife
and children.
James BECK, the engineer who was killed in the Central-Hudson wreck at
Brockport, was formerly a resident of Palmyra. His parents, three brothers and
one sister reside at that place, as do the most of his wife's relatives.
William H. LOOKUP, who resides upon a small farm two miles north of East
Palmyra, has again showed symptoms of insanity, and his friends are making
arrangements for placing him in an asylum where he can be treated for the
malady. About three years ago he was taken in the same manner, and after a short
sojourn in an asylum, was discharged as cured. Mr. LOOKUP is a wealthy and
well-known farmer.
****
MONROE
Frederick WESTERMAN died suddenly of heart failure at his home in Pittsford on
Saturday morning. He was born in Oberhausen, Bavaria, near the Rhine river in
Germany, in the year 1816, and came to America when 15 years of age. His wife
died twenty-two years ago, and he was the father of eleven children, nine of
whom survive him. They are Mrs. Charlotte BABCOCK, of Denver, Col.; Mrs. Julia
SMITH and Miss Cassie WESTERMAN, of Pittsford; Louis WESTERMAN of Long Island
City; Charles, of Jamestown, N. Y.; George, of Penfield; Benjamin, of Evans
City, Pa.; William, of Millerstown, Pa., and Grant, of Lyons, N. Y.
****
YATES
William EAVES, William De GROAT and Fred LEWIS, the three thieves who robbed so
many farmers on the east shore of Lake Keuka, have been sent to the Monroe
county penitentiary.
****
EDWARD F. TURK DEAD
The School Commissioner and Lawyer Passed Away Yesterday
Edward F. TURK, school commissioner of the twentieth ward and a prominent lawyer
of this city, died at his home, No. 20 Carlton place, yesterday morning, of
pleuro-pneumonia, after a three weeks' sickness. Mr. TURK was the son of Herbert
and Agnes TURK and was born in this city January 23, 1855, having lived his
lifetime of forty-one years in this city. He was educated in the public schools,
and after completing a course in Bryant & Stratton's Commercial College, he
studied law in the office of George E. RIPSOM. He was admitted to the bar in
April, 1881, and was taken into partnership by Mr. RIPSOM. After the latter's
death, Mr. TURK continued the business until 1885, when he took Clinton P.
BARNUM into partnership. The firm was continued under the name of TURK &
BARNUM until the death of the latter in 1893, since which time he had been
alone. In 1888 he married Miss Jennie HALL, of Buffalo, and three children were
born of the union, of which two, Agnes, aged 7 years, and Sydney HALL, aged one
year, survive.
Mr. TURK has always been identified with Republican politics and served the old
eighth ward as inspector of election for a number of years. When the new
twentieth ward was created, he was a candidate for school commissioner, but was
defeated. At the general elections last fall he was again a candidate, and was
elected, and at the time of his death was on some of the most important
committees. Mr. TURK was a thirty-second degree Mason and was otherwise
prominent in Masonic circles. Three weeks ago, Mr. TURK was attacked with
rheumatism, which ran into pneumonia and which resulted in his death. Mr. TURK
leaves a widow, two children, father and mother, as well as a brother, Herbert
W. TURK, and a sister, Mrs. S. E. CHAMPENEY, both of Buffalo. No arrangements
have been made for the funeral, but it will be held under Masonic auspices.
****
BRAKEMAN WILSON'S CONDITION
Engineer PHILLIPS ans Brakeman GULDENSCHUH, who were injured in the New York
Central freight wreck at Macedon swamp, have been removed from the City Hospital
to their homes and are getting along nicely. Brakeman WILSON is still confined
to a bed at the hospital, and his condition is considered by the physicians to
be critical even yet. His improvement is very slow and periodical. One day he is
thought to be better, and the next more threatening symptoms present themselves.
There is strong hope of his ultimate recovery, in spite of the discouraging
features of his case.
****
OFFICER ANDREW CONNOLLY DEAD
He Had Been for Twenty-Six Years a Member of the Police Force
Officer Andrew CONNOLLY, familiarly known as "Andy," one of the oldest
and most efficient patrolmen on the Rochester police force, died at his home,
No. 16 Lawrence street, at 10 o'clock last night. The death of Officer CONNOLLY
was not unexpected as he has been ill for some time. About a week ago he was
taken with a stroke of paralysis and it was seen that his recovery could not be
hoped for. During his illness, the veteran officer was the recipient of many
favors from his fellow patrolmen, all of which testified to the high esteem in
which he was held by them.
Officer CONNOLLY was 71 years of age at the time of his death. He was appointed
a member of the police force of Rochester December 9, 1870. He did patrol duty
for a number of years and four years ago was stationed at the patrol barn at No.
94 Front street. Here he remained up to the time his fatal illness come. It is
seldom that an officer has so many friends both among his fellows and the
citizens with whom he comes in contact. The members of the police department
will take action on his death to-day.
****
HAD A STROKE OF PARALYSIS
Richard CLANCY and wife, the aged couple from No. 55 Weld street, who have for
several days been confined at the Homeopathic Hospital suffering from the
effects of gas asphyxiation, are reported to be improving. Mr. CLANCY was so
unfortunate Saturday as to have a partial stroke of paralysis, which will keep
him confined to the hospital longer than his wife. Mrs. CLANCY, who was much
lower when found, is out of danger and will soon be released from the ward.
****
GATES SCHOOL ENTERTAINMENT
A musical and literary entertainment was given Friday evening by the Gates Union
Sunday school at the Stone school house, Lyell avenue. About ten persons took
part, and every selection was well tendered. Especially pleasing were the
selections by the quartette, which was composed of Messrs. GAMBLE, BROWN, LEE
and MEECH.
****
GIOVANNI QUERRA WILL DIE
Victim of the Italian Shooting Affray Growing Hourly Worse
Giovanni QUERRA, the victim of the Italian shooting affray on Platt street
Saturday afternoon, grew worse all day yesterday and there is now no hope of his
recovery. His condition was found to be so serious yesterday that an operation
was performed in the forenoon. No probing was done for the bullet, but the
cavity into which the piece of lead had penetrated was opened up. There was no
indication of hemorrhage.
It was found on examination that the bullet had taken a downward course and it
was stated at the City Hospital last night that it would probably be found near
the point of articulation of the left thigh. In all probability, the bullet
struck the upper part of the femur and glanced off. When the man was first taken
to the hospital it was thought that the shot had been fired point blank at him
and that the bullet would therefore be found in the vicinity of the spinal
column.
Vincens MARCHETTI, who did the shooting, is confined at the jail. He refuses to
say anything about the affair. Search was made for the pistol yesterday, but it
could not be found. Detectives O'LAUGHLIN and LAUER went over the ground with
MARCHETTI, but he was not able to remember where it was thrown away in his run
for liberty. Had QUERRA died within an hour after the shooting before a chance
was given him of identifying the man who shot him, the case of the people would
have been much weakened. As it is, the attack was so sudden that nobody had much
of a chance to see the weapon that MARCHETTI is said to have used and there will
be some trouble in connecting the revolver with the case, even though it is
found.
****
DEATH OF WILLIAM C. BUSH
It Occurred Last Night, After a Long Illness
William C. BUSH died at his residence, No. 1118 North St. Paul street, at 1
o'clock yesterday morning, aged 60 years. He had been in ill health for a year
past, and confined to his room since Christmas. The cause of his death was
Brights disease.
Mr. BUSH was the son of John Fellows BUSH, one of Rochester's oldest residents,
was born in this city, December 3, 1836, and has always resided here. After
reaching manhood he was for a time assistant cashier in the Union Bank. In 1862
he married Fanny HAYDEN, daughter of the late Charles J. HAYDEN, and resigned
his position in the bank to enter a partnership in the furniture business then
conducted by Mr. HAYDEN. His wife died while homeward bound from an European
trip in 1876, and later Mr. BUSH started in business for himself, and conducted
a furniture establishment at No. 69 State street up to the time of his death.
In 1887 he married Fannie, daughter of the late Colonel William EMERSON, who,
with a daughter, Mrs. Dr. ROANE, of Yankton, S. D., survive, Mrs. ROANE being
the child of his first wife. He also leaves a brother, Daniel W. BUSH, and a
sister, Mrs. Samuel PORTER, both of this city. Horace F. BUSH, an elder brother,
died on Tuesday last at the Homeopathic Hospital, as the result of an operation,
mention of which was then made. William C. BUSH was not identified with
political or fraternal organizations, but was for a time a member of both the
Genesee Valley and Rochester Clubs.
****
MORTUARY MENTION
Margaret, widow of H. W. ANDREWS, died Friday afternoon at her home in Chili,
aged 78 years.
Julia, daughter of Anthony KLEEH, died yesterday, aged 14 years, at the family
residence, No. 365 West Maple street.
Frederick WESTERMAN died in Pittsford February 22d at the age of 80 years. The
funeral will take place from the residence to-morrow afternoon at 2:30.
Lillian May, daughter of W. S. and Mary E. CRIPPEN, died at the family residence
yesterday, aged 17 days. The funeral will take place to-morrow at 2 P. M. from
the house.
James BECK died in Brockport Saturday, aged 37 years. The funeral will take
place this morning at 9 o'clock from his late residence, No. 89 Hayward avenue.
The interment will be at Palmyra.
****
DRYER PREFERS ROCHESTER
A dispatch was received from Buffalo by Chief of Police CLEARY yesterday,
stating that a man by the name of Morrill C. DRYER had given himself up to the
authorities there, requesting to be sent back to Rochester. DRYER said that he
collected a sum of money from Thomas KELLY who has a saloon at No. 92 Exchange
street in this city and failed to give the money back to him. Chief HAYDEN said
last night that there was no complaint at headquarters regarding such a
transaction and, added Mr. HAYDEN, "I guess DRYER preferred imprisonment in
Rochester to freedom in Buffalo, anyway."
****
FRACTURED HIS SHOULDER
Benjamin EHRMAN, living at No. 95 Orchard street, fell on the sidewalk on Smith
street yesterday afternoon, sustaining a severe fracture of the left shoulder.
He went to the City Hospital where the injured member received attention.
****
CHARGED WITH ROBBERY
Buffalo, N. Y., Feb. 23 - William McLEAN, a roustabout at the East Buffalo stock
yard, was arrested to-day on two charges of highway robbery and various other
offenses of larceny. He went into the Stock Exchange hotel a few days ago and
attempted to hold up the barkeeper. He was foiled, and to escape stole a horse
and sleigh. The police had been searching for him for several days. He is known
as a bad man.
****
BURNED TO DEATH
Brooklyn, Feb. 23 - Lillian Cecilia LYONS, the 14-year-old daughter of Daniel
LYONS, of No. 112 Ninth street was burned to death in her bedroom to-day through
the explosion of an oil stove which had been used to heat the room.
****
BURNED IN THEIR HOME
Zanesville, O., Feb. 23 - Peter ANGLE and wife, an aged couple living near
Beverly, Ohio, were burned to death and their house consumed at an early hour
this morning.
****
DIED
SUMNER - In this city, Saturday, Feb. 22, 1896, Marjorie, second daughter of Dr.
Charles R. and Julia L. SUMNER, aged 16 years.
-Funeral will be held Monday afternoon 2:30 o'clock. Burial private.
WESTERMAN - At Pittsford, Saturday, Feb. 22, 1896, Frederick WESTERMAN, aged 80
years.
-Funeral from the residence to-morrow (Tuesday) at 2:30 P.M.
CRIPPEN - In this city, Sunday, February 23, 1896, at the home of her parents,
Lillian May, infant daughter of William S. and Mary E. CRIPPEN, aged 17 days. -
Funeral Tuesday at 2 P. M.
TURK - In this city, Sunday, February 23, 1896, at his late residence, 20
Carlton place, Edward F. TURK, aged 41 years. - Notice of funeral hereafter.
ANDREWS - At her home in Chili, Friday afternoon, February 21, 1896, Margaret,
widow of Harvey W. ANDREW, aged 78 years and 10 months.
-Funeral from the house Tuesday, February 25, at 2:30 P. M.
BECK - At Brockport, Saturday, February 22, 1896, James BECK, aged 37 years.
-Funeral from his late residence, 89 Hayward avenue, Rochester, Monday, February
24, at 9 A. M. Burial at Palmyra, N. Y.
McKEE - At Brooklyn, Sunday, February 23, 1896, Samuel R. McKEE, formerly of
this city.
-Remains will be brought here for interment. Funeral from the residence of his
daughter, Mrs. E. W. TANNER, 381 ½ North street. Notice of funeral hereafter.
BURNS - In this city, Friday evening, February 21, 1896, at the family
residence, 51 Cady street, Mary CLINCH, wife of John BURNS, aged 32 years.
-Funeral from the house Tuesday morning at 8:30 o'clock, and at 9 o'clock from
the Church of the Immaculate Conception. Please omit flowers.
BUSH - In this city, Sunday morning, February 23, 1896, at his late residence,
No. 1,118 North St. Paul, William Curry BUSH, aged 60 years.
-Funeral from the residence Wednesday February, 26th, at 2:30 P. M.
GjS
*****
The Union & Advertiser
February 24, 1896
CHATFIELD Case Second Week
Continuation of the Testimony for the Defense
Effort to Show by Medical Testimony That KEARNS'
Arm Was Uplifted When He was Shot
A Witness Against Whom an Intimation of Sheep and Horse-Stealing is Made - Trial
to Last Several Days More
The second week of the trial of Egbert H.
CHATFIELD, charged with the murder of Dominick KEARNS, opened before Justice
DAVY in the criminal department of the Supreme Court this morning. The jurymen
are in good health and spirits. They went to Central Church yesterday morning in
charge of Deputy Sheriffs ROBERTS, POLLOCK and GOODWIN. In the evening they went
to the First Baptist Church. During the service Juror Wetherow was taken ill and
was taken back to the National Hotel by one of the deputies. Mr. Wetherow
rapidly recovered and felt all right this morning.
Juror ARNOLD was allowed to go to South Butler
yesterday in charge of Deputy Sheriff STEEL, to preach in the Church of Christ
in that village. Mr. ARNOLD returned to Rochester on a morning train and was in
the box promptly at 10 o'clock, the hour for opening court.
The attorneys in the case were not so prompt.
Assistant District Attorney WARREN came in a few minutes after 10 and George
RAINES, the defendant's attorney arrived at 10:15 o'clock. As soon as Mr. RAINES
arrived Justice DAVY asked him how much longer he thought he would consume with
the evidence for the defense. Mr. RAINES said he didn't see how he could finish
his side of the case before late tomorrow afternoon. Mr. WARREN in answer
to a question said he would require at least a day and a half for rebuttal.
Justice DAVY, who had contemplated taking up
civil business before the end of the week if the CHATFIELD trial could be
disposed of in time, then announced that he would abandon that intention in view
of what the attorneys said and excused all the jurors drawn for this term of
court except those serving on the panel.
James G. JOHNSON of Jefferson Avenue was the first
witness for the defense called today.
Witness visited WALTERS' saloon on the afternoon of May 26th, the day of the
tragedy. Witness was not acquainted with the parties there except CHATFIELD,
whom he knew. Witness heard somebody challenge Bert CHATFIELD to wrestle with
KEARNS for the drinks and heard Bert say he "didn't care to have anything
to do with KEARNS."
Charles F. ROWE of Henrietta avenue testified that on
the night of May 26th he was out looking for a lost horse. He heard Dominick
KEARNS and other parties talking on Plymouth avenue near EISENMAN's.
"I heard KEARNS say that he would never go to that
place again. The another man said to go and have a drink. One of the party said:
"I will go and kill the A. P. A. ___."
Cross-examined by Mr. WARREN.
"You know the defendant?"
"Yes, sir."
"You met him in jail?"
"When were you there?"
"Last summer."
"What were you there for?"
"You put up the job."
Mr. WARREN dramatically.
"What?"
Mr. RAINES - "I object."
"May it please the court," said Mr. WARREN,
" this man accused the district attorney's office of putting up a job on
him. Now I think it is material to have all there is of this."
Witness admitted he was in jail three days. Questioned
by Mr. WARREN as to whether or no he had been indicted for horse stealing,
whether or not he is now out on bail, and whether or not the grand jury also put
up a job on him were excluded by the court on the objection of Mr. RAINES.
"Not that he seems afraid to tell," observed
Mr. RAINES.
"Horse thieves never are," retaliated Mr.
WARREN.
"Now, sir, was it your own horse you were looking
for that night?" asked Mr. WARREN, significantly.
"It was," replied the witness.
Witness denied having anything to do with a man named ROCCO of Brockport in
horse or sheep stealing. Witness said that he had lived at Brockport about five
years.
In answer to further questioning witness said Dominick
KEARNS was the only man he recognized on the night in question. Witness said
before his arrest he had talked with the elder CHATFIELD; the only time he
talked with Egbert CHATFIELD was in the jail.
Dr. E. W. HENCKELL, who made the post mortem examination of Dominick KEARNS was
sworn.
"Did you insert a probe before cutting in order to
get the course of the bullet?"
"I did."
"Did the probe take a downward course?"
"I did."
"What did you do then?"
"I found it necessary to elevate the pectoral
muscle in order to have the probe follow the wound into the chest."
Witness was asked if he could account for this fact in any way except that the
arm was up when the bullet went through this muscle and the muscle then fell
downward.
Witness said he was not called as an expert and as
physicians called as experts receive $25 to $50 a day, Mr. RAINES saw the point
and waived the question.
Cross-examined by Mr. WARREN, witness said the position
in which he found the body might account for the way the muscle was lying.
A long series of technical question by Mr. RAINES
followed and to a number of them the witness reiterated his position that he was
not called as an expert.