Rochester Daily Union and Advertiser
Rochester, Monroe County, New York
JUNE 5, 1900
WATSON — Sunday afternoon, June 3, 1900, Mrs. Elizabeth A., wife of the late J.F. WATSON, aged 80 years at the family residence in Penfield, N.Y.
— Funeral will take place Wednesday afternoon at 1 o'clock from the house.
MOORE — In this city, Monday, June 4, 1900, at her late residence, No. 58 Cady street. Miss Sarah A. MOORE.
— Funeral on Wednesday morning at 8:30 from the house, and at 9:00 o'clock from the Immaculate Conception Church.
Convicted of Violating Public Decency — Other Court Cases.
GENESEO, June 5. — George NOBLES and Jane NOBLES of Leicester, indicted for outraging public decency in permitting a criminal assault upon their daughter, aged 13 years, were arraigned for trial in County Court before Judge ROBINSON here yesterday.
The defendants were tried separately, an indictment having been recorded against each of them. The trial jury before whom the evidence was brought out returned a verdict of guilty and a recommendation for mercy. After a short deliberation Judge ROBINSON pronounced the sentence of the court in the case of Mrs. NOBLES imprisonment in the Livingston County Jail for fifty-nine days. The defendant, George NOBLES, arraigned immediately after the conclusion of this case, pleaded guilty to the charge against him and received a sentence of imprisonment in the Monroe County Penitentiary for a term of four months.
Other business in County Court yesterday was transacted as follows: Attorney John F. CONNOR of Mt. Morris moved for the dismissal of an indictment found against Warren O. AYERS of Conesus some years ago. District Attorney ROWE consenting, an order was granted by Judge ROBINSON dismissing the indictment.
The case of the People vs. George HURLBURT of Le Roy, indicted upon the charge of rape in the second degree, was put over the term.
The cases of the People vs. John F. LAWTON and the People vs. Daniel WEST, were moved for trial by District Attorney ROWE. These defendants reside in Lima and were indicted in May, 1899, on charges of vio- (didn't get rest of article)
JUNE 5, 1900
STRUCK HUSBAND WITH STEWPAN
Weapon Used by Aged Bride on Hubby's Head.
The Trouble Arose Because Husband Brought Home Rye Instead of White Bread.
An Aged Couple Married Less Than a Year Have Serious Differences — Case in Police Court.
Charles and Mary WAGNER, who were married less than a years ago, and have been living at 208 West Maple street, are already having serious difficulties, although they are both old enough to know better, the husband being 65 and the wife, who was a widow with several married children when she married WAGNER, about 63. About six weeks ago the wife had the husband arrested on a charge of assault and he was discharged. At that time an effort was made on the part of attorneys for the wife to get the husband to give Mrs. WAGNER a certain amount of money on condition that they live apart. The husband refused to consent to this proposition and they have continued till the present time to live together, although, according to the stories of both told in the police court to-day, when his wife was arraigned in court on a charge of assault in the third degree by giving her husband a whack on the head with a stewpan, life has been anything but pleasant in their home.
Several times cries of murder have issued from the house at late hours of the night and the neighbors have been aroused by them. As Mr. WAGNER always had the reputation in the neighborhood of being a respectable and law-abiding citizen and the wife was equally as much respected, it was a great surprise to the neighbors when the troubles began between the couple. The neighbors made no attempt to interfere in any of these somewhat noisy spats between the newly married old couple.
The latest trouble they had started last Sunday morning. It appears that last Saturday night WAGNER went to a bakery to get some supplies for Sunday. He took home a loaf of rye bread and a dozen rolls. These he left on the kitchen table and on Sunday morning when his wife saw the rye bread she became angry telling her husband that he should have purchased white bread. In vain the husband explained that by the time he reached the bakery all of the white bread was gone and he was obliged to take rye bread. The wife taking the loaf of bread and rolls ran out into the yard and called loudly to the neighbors to witness what her husband proposed to feed her with during the day.
The neighbors looked on and grinned and the wife returning to the house berated her husband for being so thoughtless as to buy rye instead of white bread. The husband tried again to explain, according to his story told to-day and the only satisfaction he got was a command from his wife to keep quiet. He did not subside quick enough it appears and she picked up a stewpan and giving her husband a whack on the head with it knocked him into a corner of the dining room. Then apparently to make it appear that she was the one being abused and assaulted she opened a window and called murder several times. Going outside later she gave the neighbors another invitation to come and see how poorly her husband had provided for her. Soon she left the house and remained away all day.
When the husband prepared to go to his room to retire for the night he found that a lamp that he was accustomed to use had been taken away from the place where he left it and he went to his wife's room to see if it was there. As WAGNER entered the room the wife, he says, jumped out of bed and raising a window called murder several times and aroused the entire neighborhood.
The husband declares that on one occasion during their brief married life his wife struck him with a broom stick. He declares that he is afraid that the woman will seriously injure him and feels that his life is in danger while she is in the house.
Mrs. WAGNER has an entirely different story to tell. She declares that her husband has repeatedly assaulted her and that she is in danger of being assaulted almost any time. She would leave the house, she says, but has no other place to go. WAGNER has considerable property in the neighborhood and the couple live in a handsome residence.
It was decided to put the case over till Thursday and although the husband objected strongly to his wife being released she was released to appear at that time after the court had warned her to behave in the meantime.
FACTORS CHARGED WITH CONVERSION
Unusual Action Has Been Brought Against FERRIN Brothers.
Willis N. BRITTON, of Greece, Alleges That Money Due Him Has Been Withheld.
This is Firmly Denied by FERRIN Brothers, Who Claim That BRITTON Owes Them Money.
The law relating to factors, or commission merchants, as they are more usually known, is being tested in an action brought by Willis N. BRITTON against Charles J. FERRIN and his brother. The suit was placed on trial before Justice DAVY and a jury in Supreme Court this forenoon. Nelson E. SPENCER appears for FERRIN Brothers and John DESMOND for the plaintiff.
Mr. SPENCER made a very clever argument in behalf of his clients. He rehearsed the law relating to commission merchants from start to finish, and gave some very interesting facts relating thereto.
Mr. DESMOND opposed Mr. SPENCER's arguments.
The action is brought to recover $742.77 which Mr. BRITTON claims that FERRIN Brothers have in their possession, and insofar as the defendants have not paid over this sum to Mr. BRITTON they are charged with conversion. It is a nice point of law to determine whether this money really belongs to Mr. BRITTON or FERRIN Brothers, and the jury will have an opportunity to decide the question.
The complaint states that beginning with November 25, 1895, the plaintiff BRITTON furnished apples and onions to the defendants, three carloads in all. The produce was shipped to Buffalo, where FERRIN Brothers are in business. Their Rochester office is in the Wilder building and they are well known and responsible business men of this city. The produce taken in commission by FERRIN Brothers from BRITTON was worth $999.35. Mr. BRITTON alleges that he received $256.63 in cash, but that the balance has been withheld by the defendants.
Mr. BRITTON was placed upon the stand by Attorney DESOMND, and he told of the transaction. He said that a Mr. SIMS, who has charge of the defendant's business in Buffalo, told him that it was not "a fair deal," but he had to carry out the orders of C.J. FERRIN.
Mr. BRITTON was the only witness sworn for the plaintiff, and Mr. DESMOND promptly rested his case. Mr. SPENCER then moved to have the complaint dismissed, saying that the action is not one in tort, the defendant having made an accounting. He, therefore, held that it was a simple action on a contract. He maintained that the action should fail because the allegations had not been proven.
Justice DAVY denied Mr. SPENCER's motion, and the defendants proceeded with their case. They admitted that they got the produce from Mr. BRITTON to sell on commission, but they denied that they acted in a fiduciary capacity.
COSTS STRICKEN OUT
Judge Sutherland Resettles an Order Made in a Webster Law Suit.
H.S. ABBOTT of Webster, will not be required to pay the costs of an appeal from a judgment granted in Justice's court in that village. Judge SUTHERLAND made an order to that effect this forenoon.
Some time ago Mr. ABBOTT brought an action to recover possession of a heifer from Gottlieb HOCKENBERGER of Webster, and the justice of the peace of that village decided in ABBOTT's favor. HOCKENBERGER appealed, and Judge SUTHERLAND set the judgment aside on the ground that the justice of the peace had gone into the jury room unknown to the defendant and answered a question. In that order Judge Sutherland gave the appellant costs. That part of the previous decision is now stricken out and HOCKENBERGER gets his new trial, but without costs.
SEVERAL WHEELS STOLEN.
Police Recover Some and Return Them to the Owners.
Leonard BEGGY of 268 State street, reported to the police to-day that his wheel was stolen last night. F.W. HARVARD notified the police that he had found a lady's wheel and that the owner could have it by calling on him. A wheel belonging to William L. LOWELL of 79 Savannah street was stolen last night.
A wheel that was stolen from Mrs. Sarah YEOMAN of 80 Frost avenue, was recovered by the police and returned to him.
NELLIE DE FLOO'S ESTATE.
All Testatrix's Property Goes to Her Son, Who is Named Executor.
Surrogate BENTON this morning admitted to probate the will of Nellie DE FLOO, who died in the town of Brighton on May 19th, leaving an estate consisting of $6,000 in realty and $600 in personalty.
By the terms of a will made on November 10, 1899, Mahlon D. PHILLIPS is named as executor and the entire estate is to go to Henry DE FLOO, the testatrix's son, after he has attained the age of 35 years and up to that time he is to have the use of the real estate and the income from the personal estate. A codicil, bearing the date of May 13th, is attached to the will and in this the testatrix's son is named as co-executor with the executor named in the will.
Death of Louis K. NASH.
Louis K. NASH died this morning at the family residence, No. 660 North street, aged 50 years. The deceased is survived by his wife, his mother, three sisters, Miss Sophia NASH of this city, Mrs. John ROADES of Hartwell, O., and Mrs. Langdon WALL of Richmond, Va., and one brother, William NASH of this city. The funeral will be held from the house at 2 o'clock Thursday afternoon.
JUNE 5, 1900
RICHARD NOONAN'S FUNERAL.
Held From Our Lady Chapel of the Cathedral This Morning.
The funeral of Richard S. NOONAN was held from the family residence, No. 34 Orange street, at 8:30 o'clock this morning and at 9 o'clock from Our Lady Chapel of the Cathedral.
The services were largely attended. Representatives were present from Branch 88, C.M.B.A., and Division No. 1, A.O.H., of which organizations the deceased was a member. Solemn requiem mass was celebrated by Rev. George V. BURNS. The Gregorian mass for the dead was sung by the church choir. Professor Eugent BONN presided at the organ.
As the remains were carried out of the church Miss Mary GARVEY sang the sacred solo, "A Message to the Sacred Heart."
The bearers were selected from among the intimate friends of the deceased. They were: James F. CROWLEY, John WELCH, Hugh McGUIRE, James GARVEY, Frey LAVERY and Charles GORE. Interment was made at the Holy Sepulchre Cemetery.
Elizabeth Ann WATSON.
Elizabeth Ann WATSON, widow of the late J.F. WATSON of Penfield, died yesterday at her home, where she had resided for more than fifty years, aged 80 years. Mrs. Watson was a well known resident of the town. She was a member of the East Penfield Baptist Church and had been for years prominently connected with its work. She is survived by two sons and one daughter. The funeral will be held on Wednesday afternoon at 1 o'clock from the house.
— The funeral of Mrs. Charles BREEHL will be held from the family residence on Emerson street at 1:30 o'clock to-morrow afternoon and at 2:30 o'clock from Salem Church.
— The funeral of Mrs. Jennie LAVERTY will be held from the residence of her daughter, Mrs. J.C. MOORE, on East avenue in Brighton, at 8:30 o'clock to-morrow morning and at 9 o'clock from St. Mary's Church.
— Miss Sarah A. MOORE died yesterday afternoon at the family residence, No. 53 Cady street. Deceased is survived by one sister, Miss Mary MOORE, and a nephew, Charles A. MOORE. The funeral will be held from the house at 8:30 o'clock to-morrow morning and at 9 o'clock from the Immaculate Conception Church.
— Mrs. Rebecca A. VAN AUKEN, wife of the late Abram VAN AUKEN, formerly of Sodus, N.Y., died this morning at the resi (didn't get rest of article)