Search billions of records on Ancestry.com

Rochester, Monroe, NY
Democrat & Chronicle
Fri May 1, 1903
 
Kent - Dingle Trial (did not get )
 
HEISTER SHOT HIMSELF WITH NEW REVOLVER
 
Told His Wife She Would be Better Off Without Him --
Sought Storeroom for Suicide
 
Frank HEISTER, a monument carver and designer, committed suicide at noon yesterday, in Trott's marble works, corner of Mt. Hope avenue and Stewart street, by shooting himself through the heart with a revolver. Despondency is the only known reason for his act. In the morning he told his wife that she would be better off with him dead. Then he walked through Mt. Hope looking for a good place to end his life.
     He evidently did not find a place that just suited him and he returned to Mr. TROTT's shop and went upstairs to a storeroom and fired the fatal shot. It was not heard by men working below and he was not discovered until half an hour after he was seen going upstairs. Life was then extinct. Coroner KILLIP was notified late in the afternoon and will grant a certificate of death from suicide.
     Mr. HEISTER was 57 years old, and a man of good habits and well liked by all who knew him. He was formerly in partnership with Mr. TROTT, in the marble business, but of late had not been regularly employed. He had entered in competition for work on some large houses and failed to get a certificate, which is thought to have worried him.
     Mr. HEISTER talked cheerfully with Mr. TROTT when he met him in the forenoon. There was no hint of suicide then. But HEISTER must have had the new revolver in his possession, for it was but a few minutes later, or 11:30 o'clock, when he mounted the stairs in Trott's shop for the last time. Mr. SCHAUMBELL, an employee of the place, found the body.
----<>----
FUNERAL OF JUDGE KEENEY
 
The funeral of the late Judge G. D. KEENEY, who died in Lockport, Tuesday, and whose remains arrived at his home in Perry, Thursday, was held from the KEENEY homestead, the Rev. Dr. FABER, of Lockport, assisted by Rev. A. W. ATKINSON, rector of the Church of the Holy Apostles, officiating.
----<>----
MATTESON - WOOD
 
Charles C. MATTESON, a prominent business man and city official, and Sophia WOOD HAGER, both of Perry, were married yesterday at the Episcopal Church, in the presence of the families of the contracting parties and a few friends. The Rev. A. W. ATKINSON officiated.
----<>----
MONROE
 
Nellie M'Hugh of Parma and Frank J. Gleason, of Brockport, Married
 
A pretty church wedding was solemnized at St. John's Evangelist Church, in Spencerport yesterday afternoon, when Miss Nellie M. HUGH, of Parma, and Frank J. GLEASON, of Brockport, were married at 5 o'clock. Mendelssohn's wedding march, played by Miss Margaret KINNEY, was rendered as the bridal party entered the church, where the ceremony was performed by Rev. J. COSGROVE.
     The bride was attired in a blue going-away gown and was attended by her sister, Miss Alice McHUGH. Mr. BLODGETT, of Brockport, acted as best man. The bride is a daughter of John McHUGH, of Parma. After the ceremony the happy couple left for a western trip. Mr. and Mrs. McHUGH will make Brockport their future home.
----<>----
MRS. MARIE M. MAINE
 
Yesterday morning occurred the death of Marie M. MAINE, wife of Dr. A. P. MAINE, of Webster, aged 59 years. She was well known in church circles, having been a longtime member of the Webster Presbyterian Church. She is survived by her husband, one daughter, Mrs. J. K. HAWLEY of Webster, and an adopted son, Dr. A. F. MAINE, of Redwood City, Cal.
----<>----
MRS. W. A. SMITH
 
Mrs. W. A. SMITH, of Webster, died yesterday morning after a long illness.
----<>----
CHAPIN - JOHNSTONE
 
Miss A. Ina JOHNSTONE and Henry B. CHAPIN were married at the home of the bride's parents, Colvin street, Wednesday, by Rev. Dr. William R. TAYLOR. The high esteem in which the young people are held was indicated by the numerous and costly gifts received, among these being a fine cut-glass set from the members of the first Separate Company, of which the groom is second lieutenant, and a cut-glass vase from the choir of First Universalist Church, of which the bride is directress. Miss Lily MASON attended the bride, and Fay BROWN was groomsman.
----<>----
DAGGET - BROWN
 
Mrs. Eliza Williams BROWN and Homer M. DAGGET, Jr., were married at 1 o'clock Tuesday afternoon by the Rev. S. Banks NELSON, D. D., pastor of the St. Peter's Presbyterian Church. The ceremony was performed at the residence of the bride's sister, Mrs. N. C. FULTON, No. 200 University avenue. Mr. and Mrs. DAGGET will reside in Attleboro, Mass.
----<>----
MARRIED
 
PALMETER - COLLINS - Wednesday afternoon, April 29, 1903, at 4 o'clock, by the Rev. James F. WINTERS, of Corpus Christi Church, Miss Mary Rose COLLINS and Harry Edgar PALMETER.
----<>----
DIED
 
HALEY - IN this city, Wednesday, April 29, 1903, at the residence of the late John HOWE, No. 333 Alexander street, John J. HALEY.
-Funeral will take place from Corpus Christi Church Friday, May 1st 9 A.M.
 
SCHORE - Entered into rest, in this city, Wednesday, April 29, 1903, at the family residence No. 20 Martin street. Henry D. SCHORE, aged 64 years. Besides his wife, he is survived by two daughters and two sons, Gertrude E., Grace W. and Archie D., of this city, and Harry C., of Albany.
-The funeral will be held from the house Saturday afternoon at 2:30. Burial private.
 
HEAVEY - In this city, on Wednesday morning, April 29, 1903, at St. Mary's Hospital. Mrs. Mary HEAVEY. She is survived by one daughter, Mrs. P. McCANN, and one son, John HEAVEY, both of this city, and three sisters and one brother.
--Funeral will take place from the residence of her daughters, No. 93 Savannah street, on Saturday morning and at 9 o'clock from St. Mary's Church.
Rochester, Monroe, NY
Democrat & Chronicle
Sat May 2, 1903
 
THE CAUSE OF SMALLPOX FOUND
 
The Germ An Animal Rather Than A Plant
Details of Dr. William T. Councilman's Interesting Researchers.
Life History of the Parasite, Which is Closely Allied to the Amoeba.
 
(Boston Correspondent to the Evening Post)
      At a meeting held Tuesday night the 20th of April, of the Boston Society for the Medical Sciences, Dr. William T. COUNCILMAN, Shattuck professor of pathological anatomy in the Harvard Medical School, made a preliminary report on his recent discoveries as to the cause of smallpox. The announcement, which was rather full, seemed absolutely convincing, and its importance is attested to by the intense interest which the first rumors as to the discovery have created in the last few days, and by the enthusiasm by which the news was received. The work on which these deductions are based has been in progress for about two years, the evolution of the complete hypothesis being gradual. Dr. COUNCILMAN's  assistants in the work have been Drs. MAGRATH and BRINKERHOEFF, of the Long Island and Boston City Hospitals respectively, who have had the opportunity of studying a very large amount of material of a rich and varied character.
      Attention of histologists has long been drawn to certain bodies within the cells of the epidermis in smallpox, separate from the nucleus, but taking nuclear stains. The early theories that these so-called "cell inclusions" or smallpox bodies were protozoa, and the cause of the disease, found little credence, and were soon generally abandoned, the prevailing opinion being that they were merely forms of degenerated protoplasm. It is these bodies however, that Dr. COUNCILMAN has now proved to be really protozoa of a low order and undoubtedly responsible for the disease. They are not bacteria, being animals instead of plants, and allied to the amoebae. The complete life cycle of the parasite has been worked out without break in the chain, by means of a long series of microscopic sections. There are two stages in the cycle, as is usual with protozoa, one asexual and the other probably sexual, though this latter point requires still further confirmation. The first stage takes place perfectly definitely in the protoplasm of the epidermal cell, the second within the nucleus itself. It is the first form which is the "smallpox body," the second, or the intranuclear form, having been previously overlooked, apparently. The stages agree perfectly with the stages of the disease, a cursory examination of a given specimen enabling an exact prediction as to the forms which will be found on minute inspection. The whole duration of both cycles, however, is a matter of only a few days, occurring early in the disease, and the parasites being in the spore stage before the usual time of death from smallpox, when the pathologist obtains his material. This accounts for the fact that the organism has been sought for through so many years without success.
     The earliest appearance microscopically of the protozoan is as a small homogeneous dot within the protoplasm of the cell. This body gradually grows, without much effect upon its cell-host, and at the same time becomes quite granular. It at length becomes as large as the nucleus itself, or even larger, and is quite typically amoeboid in shape. It finally grows very coarsely granular, and then breaks up into many small dots or rings, exactly resembling the earliest form above. This ends the first stage of the life cycle.
      Each of these small bodies is now able to reinfect a neighboring cell and repeat this same cycle, or it can infect the cell nucleus and begin on the second cycle. It has been found that in the rabbit or the cow only the first cycle takes place, no forms in the second stage having been found in these animals after repeated search. This is thought to mean that this first stage, unaccompanied by the second, represents the disease vaccinia, or cowpox, the cow and the rabbit not being susceptible to true smallpox. In the monkey, however, which does have true smallpox, and, of course, in man, the second stage is found.
     This is first seen as a very small ring within the nucleus of the epidermal cell. This ring grows, becoming meanwhile vacuolated or spongy looking, until it comes to fill up the nucleus and finally destroys it, then floating free in the degenerating tissues. This form when full-grown is of considerable size - about twice the diameter of a red blood corpuscle. It is now that a sexual process is believed to take place. When ripe the protozoan is seen to be composed of a large number of small rings like the first form seen within the nucleus, and these finally separate. They are believed to be spores, existing in a hardy resting stage, and are contained in the ripe smallpox pustules in countless numbers. When the scab dries and comes off these spores are admirably adapted to disseminate the disease by being carried everywhere. It has repeatedly been observed that smallpox infection can be carried to considerable distances by the wind alone, and this offers a satisfactory explanation of the fact.
     At the conclusion of his remarks, Dr. COUNCILMAN showed a series of fifty or more very remarkable lantern slides taken from photomicrographs of the specimens upon which the work had been done. In these the cells were seen to be full of these parasites in every stage described, and shown in perfect logical sequence. One side Dr. COUNCILMAN considered particularly important; it showed a small blood vessel of the skin, containing many of the small rings, the youngest form of the parasite. This indicated that the infection, as universally pustulated, is carried to the skin in the blood. It was this specimen, found only within a few days, and supplying the only link missing in the life cycle, that completed the work of two years, and led Dr. COUNCILMAN to make his announcement at the present time.
     After Dr. COUNCILMAN had concluded, Dr. G. R. CALKINS, adjunct professor of zoology in Columbia University, who was present, was asked to say a few words. Dr. CALKINS is regarded as an authority on those lower forms of life nearly allied to the amoeba. He said that he had examined many of Dr. COUNCILMAN's specimens, and that he felt certain that the bodies in question could be nothing else than protozoans; that they were perfectly typical of that order, and that there were hundreds of amoebae, both free and parasitic, which tallied exactly with this one in appearance and in life history.
     The large audience, containing most of the leading scientists and physicians of Boston, gave Dr. COUNCILMAN as enthusiastic ovation. This discovery is here regarded as possibly the greatest that has come from Boston since that of ether. It is especially interesting, from the suggestion which has repeatedly been made that this demonstration of the cause of smallpox may lead to like discoveries concerning the causes of the closely allied diseases of chickenpox, scarlet fever, measles, rubella, etc., the etiology of which is at the present time completely unknown.
      Dr. COUNCILMAN is recognized as one of the eminent of American pathologists. Before coming to Harvard he worked for many years with Dr. William H. WELCH at Johns Hopkins. He is best known for his work on epidemic meningitis, diphtheria, acute nephritis, and amoebic dysentery.
----<>----
JOYS OF NATURE STUDY
 
Some Pointers From Darwin Suggested by President Roosevelt's Outing.
 
    (Chicago Journal)
     President ROOSEVELT has returned from an outing in Yellowstone Park. He killed no game, but contented himself on this trip with observing bird and animal life, in company with the distinguished naturalist who was his guest. He seems to have enjoyed his vacation immensely, even though he brought back no skins or antlers. There are those who pretend to love nature and out-of-door life, but regard the dwellers of field and forest but as targets for their bullets. It should need no great argument to convince the reasonable c_e_ that there is more pleasure in observing animal life with all its wonders, than in bringing death.
     DARWIN was a man who studied insects, fishes, reptiles, birds and animals with great pleasure for himself and immense profit for science. Nature is an absorbing study.
     DARWIN gave his whole life to observation and to reading the results secured by other observers, and he left to mankind as a legacy his marvelous theory of evolution.
     Here are just a few things from field and stream and forest which we find upon reading DARWIN:
     Land snails are capable of forming personal attachments.
     The courtship of spiders is most interesting, sometimes tragical. One female spider observed carried her coyness to the extent of seizing the male in the midst of his preliminary caresses and cruelly devouring him.
     Gnats and mosquitoes attract each other by humming. The hairs on the antennae of the males vibrate in unison with a tuning fork within the range of the sound emitted by the females.
      Male crickets call the female by that peculiar sound with which everyone is familiar (didn't get the rest).
----<>----
CHILD FATALLY BURNED
 
Daughter of Jailor Birdsall Dead From Schoolyard Bonfire.
 
Bertha BIRDSALL, the 8-year-old daughter of Jailor John BIRDSALL, was fatally burned by a schoolyard bonfire at Pultneyville, Thursday afternoon. She died at 9 o'clock, seven hours after the accident.
     The school children had a bonfire in the yard to burn some rubbish. It smouldered and was supposed to be dead, when little Bertha threw an apron full of leaves on it. She was alone in the yard at the time.
     The strong wind fanned the dying fire to instant flame, which leaped up and enveloped the child's dress. Her cries of terror were heard in the schoolroom and the teacher hurried to her side, but too late to save the child from terrible burns. The girl was taken to the Lake View Hotel, where she lived with her grandfather and grandmother, Mr. and Mrs. Van Buren SHAW.
     The school teacher had instructed the children not to go near the fire and herself had remained near it while it was burning to avert just what happened. Jailor BIRDSALL yesterday went to Pultneyville.
----<>----
UNKNOWN WOMAN IDENTIFIED
 
The woman killed by a fast train at the Union street crossing of the Central Railroad Thursday night, was identified yesterday by the woman's husband as that of Mrs. Charlotte HUWALD, of no. 386 Central park. She is survived by her husband and five children. The family moved Thursday and Mrs. HUWALD left the baby in the care of her sister on North Union street. She started Thursday night to take the infant to her new home and attempted to cross the railroad tracks in front of a rapidly approaching train. Coroner KLEINDIENST will hold an inquest in the case on Monday.
----<>----
LEIBERT THOMAS MUSIC SCHOOL
 
This popular institute has leased a suite at Hayward Bldg., 18 S. Clinton, central, easy of access, and without car danger. The school 591 Main St. E. will continue as an annex.
----<>----
MORTUARY RECORD
 
Martin V. BEEMER died at his residence in Buffalo yesterday, after a brief illness. Mr. BEEMER was formerly well known here, where he conducted a large furnishing goods business. He is survived by his wife, two daughters, Agnes and Clara, of this city, and three sons, Charles and Lewis, of New York, and Martin of Buffalo.
 
Mrs. Philip R. WOODCOCK, formerly of Rochester, died last night at her home, No. 28 Sherril street, Geneva. Besides her husband, she leaves two sons, George and Charles WOODCOCK, and a daughter, Mrs. W. Carey NEWTON of Teng-Chung, China.
 
Jennie M. DAILY died at the home of her mother, Mrs. Catherine DAILEY, No. 108 Commercial street, yesterday morning, aged 18 years. She is survived by her mother, one brother and one sister.
 
Catherine, wife of Charles T. WEILHAMER, died Thursday night at the family residence, No. 204 Portland avenue, aged 81 years. She is survived by her husband and one sister, Mary E. MINGES.
 
Marcella C., infant daughter of Henry and Elizabeth HARNOR, died yesterday morning at the family residence, No. 26 Avenue B.
 
Eugene F., infant son of Eugene A. and Louisa STEIN, died yesterday morning at the family home, No. 2o Capron street.
 
Sarah D., widow of Thomas BURKE, died Thursday night at her home, No. 18 Capron street, aged 80 years.
 
Charles SCHMIDT died Thursday, aged 30 years, at No. 131 Scranton street.
----<>----
LOYAL TEMPERANCE LEGION ORGANIZED
 
At the home of Mr. MERRILL, No. 37 Carlton, Thursday evening, a Senior Loyal Temperance Legion was organized. Mrs. Lucie RISING, first vice-president of the state L. T. L., spoke on the object and alms of the organization. These officers were chosen. President, Otto LUDWIG; vice-president, Nellie VAN STEENBERG; recording secretary, Elmer GREEN; corresponding secretary, Minnie PARMINGTON; treasurer, Maud McELROY; librarian, James GRANT.
----<>----
BURNS PROVED FATAL
 
Mrs. Edward C. BOSWORTH, of No. 60 Frost street, died early yesterday morning at the Homeopathic Hospital from the effects of burns received Thursday afternoon. Gasoline, which she was using to clean a sofa pillow, ignited and her clothing was burned off, causing a large part of her body to be burned. Coroner KILLIP will grant a certificate of death from accidental burns.
----<>----
WOMAN LIKELY TO RECOVER
 
Ethel WALLACE, the young woman who attempted to kill herself Thursday morning in VAN DeLINDE's saloon, on Allen street, will probably recover from her wounds unless blood poisoning sets in. (didn't get the rest)
 ----<>----
MORTUARY RECORD
 
Fred E. HEFFER died at the family home, corner of Portland avenue and the Ridge road, in the town of Irondequoit, yesterday morning, aged 33 years. He is survived by his wife, five children, two brothers and two sisters.
 
Jennie M. DAILEY died at the home of her mother, Mrs. Catherine DAILEY, No. 108 Commercial street, yesterday morning. She was 18 years of age, and is survived by her mother, one brother and one sister.
 
Olive J. THOMPSON, daughter of Oliver J. THOMPSON and Mabel THOMPSON, died yesterday at the family residence, No. 9 Hammil park, aged 6 months.
 
William LOBB died at the home of his daughter, Mrs. Thomas TURNER, of No. 222 Spencer street, yesterday, aged 83 years.
----<>----
THREW BOTTLE AT HER
 
Richard WILLIAMS is alleged to have thrown half a dozen milk bottles at the head of Mary LINDSEY, at her home, No. 166 State street, yesterday afternoon. He was arrested by the woman and turned over to Policeman COURNEEN, on a charge of offensive and disorderly acts and language.
----<>----
RAYMOND HAYDEN KILLED BY THE CARS NEAR SALAMANCA
 
Was Son of John C. Hayden, Director of Detectives of Rochester Police Department---
Tried to Catch Moving Train,
 
     Raymond HAYDEN, son of Director of Detectives John C. HAYDEN, of No. 13 Augustine street, met a terrible death yesterday noon near Salamanca. The young man was highly respected by all who knew him for his genial, gentlemanly ways. He had always lived in this city and was educated at the Immaculate Conception parochial school and the Rochester High School. Until a few weeks ago he had been employed as a surveyor by the American Telegraph and Telephone Company.
     The following special dispatch to the Democrat and Chronicle tells the story of the accident:
      Salamanca, N. Y., May 1 - Raymond HAYDEN, 23 years old, son of Chief of Detectives HAYDEN, of Rochester, was killed at Great Valley, a small station between Salamanca and Ashford Junction, at noon to-day. No one saw the accident, but it is supposed that he attempted to catch a moving train and was thrown under the wheels. He had started for dinner at the Great Valley HOTEL when he was killed.
     A northbound freight train was passing the station when HAYDEN attempted to catch a work train, and when the freight passed his mangled remains were found lying between the tracts. Both arms were cut off, one leg was mangled and the head was crushed.
    The body was brought to the Salamanca morgue and the young man's father notified. Raymond HAYDEN was employed as timekeeper by E. C. LAUER, a Rochester contractor who has a contract with the Buffalo, Rochester & Pittsburg Railroad near Great Valley.
----<>----
FINN - POWELL
 
Miss Margaret D. POWELL, daughter of Mrs. Anna POWELL, of South Ford street, and James F. FINN were united in marriage at the Church of the Immaculate Conception, on Wednesday afternoon. The ceremony was performed by the pastor, Rev. A. M. O'NEIL, assisted by Rev. William GLEESON and Rev. George ECKEL. The bride was attended by Miss Kittie GRIFFIN and the groom by his brother, Joseph T. FINN. Following the ceremony a reception was held at the home of the bride. Mr. and Mrs. FINN will be at home to their friends at No. 27 Clifton street after May 20th.
*
BRADY - DYER
 
Miss Anna DYER and George BRADY were united in marriage Thursday afternoon at 4 o'clock at St. Mary's Church by Rev. Father GLEESON. The bride was attended by her sister, Minnie DYER, and Thomas R. McHUGH acted as best man. Mr and Mrs. BRADY left for a short Western trip. They will be at home at No. 104 Lewis street after May 15th.
----<>----
DIED
 
BEEMER - In Buffalo, Thursday, April 30, 1903, Martin V. BEEMER, well known in Rochester.
-The funeral services will be at Mount Hope Chapel on Saturday at 3 o'clock.
 
WEILHAMER - In this city, last evening, at the family residence, No. 204 Portland avenue, Mrs. Catherine WEILHAMER, wife of Charles T. WEILHAMER, aged 81 years, and 7 months. She leaves, besides her husband, one sister, Mary E. MINGES, No. 300 Joseph avenue.
-Funeral will be held Monday morning at 9 o'clock from St. Joseph's Church.
 
BOSWORTH - In this city, Friday, May 1, 1903, at Homeopathic Hospital, Emily W., wife of E. C. BOSWORTH, aged 49 years. Besides her husband she leaves two sons and one daughter, Arthur E., Raymond W. and Mary C__, also three brothers and two sisters, Fred H. and Herbert L. of Minneapolis, Minn., and Arthur B. NORRIS and Mrs. G. L. SNYDER, of Rochester, and Mrs. F. H. POTTS, of St. Johnsbury, Vermont.
-Funeral Sunday, 2:30 P. M., from her late residence, No. 60 Frost avenue.
 
HEISTER - Thursday, April 30, 1903, Frederick A. HEISTER, aged 55 years.
-Funeral strictly private.
 
HEFFER - At his residence, corner Portland avenue and Ridge road, Irondequoit, Friday morning, May 1, 1903, Fred E. HEFFER, aged 33 years. He is survived by his wife, and five children, his parents, two brothers and two sisters.
-Funeral from the residence Monday afternoon at 1:30 and at 2 o'clock from the W. C. T. U. Hall.
 
LOBB - In this city, on Friday, May 1, 1903, William LOBB, aged 83 years.
-The funeral will take place from the home of his daughter, Mrs. Thomas TURNER, No. 222 Spencer street, on Sunday, 3 P. M. Please omit flowers.
 
BIRDSALL - At Pultneyville, N. Y., suddenly, on Thursday evening, April 30, 1903, Bertha, aged 8 years, daughter of John BIRDSALL, of Rochester.
-Funeral this (Saturday) noon at the home of her grandparents, Mr. and Mrs. Van Burch SHAW, at Pultneyville. Interment at Pittsford, after the arrival of the 4:18 train.
----<>----
PEOPLE REST, KENT'S DEFENSE HAS BEGUN
 
Statement to Coroner Was Admitted by the Court
Mr. Raines Succeeded in Having Poison Counts of Indictment
Practically Thrown Out -- Damaging Evidence of Whitcomb House Engineer
That He Found Silk Handkerchief Folded Wedge-Shaped in Blood from
Miss Dingle's Wound --Mr. Raines Commences Summing Up.
 
     The eleventh day of the Leland Dorr KENT manslaughter trial saw the close of the people's case and the opening of the defense. A fortnight will probably elapse before the case goes to the jury, allowing a week for the defense's evidence and another week for rebuttal and summing up. Mr. RAINES will take up this forenoon with his address and may call a witness.
     The last day was a good one for the prosecution, which obtained the admission in evidence of the defendant's statement to the coroners, and swore a witness who testified to finding a blood-saturated silk handkerchief, folded wedge-shaped, in the clots of blood that flowed from Ethel B. DINGLE's fatal wound. The theory of the District-Attorney is that this cloth was inserted in the wound in the girl's neck. As her hands were free from blood, the prosecution claims, it is presumed that she did not put it there and that the only other occupant of the room did:
     On the other hand, Judge SUTHERLAND ruled out the poison counts of the indictment, or rather held that they would not be given to the jury for consideration unless the proofs in the case materially changed. A sensation of yesterday's session was the District-Attorney's statement that the bellboy McCARTHY was not to be found, and had been last heard from somewhere in Canada.
                                                    LIKING FOR CIGARETTES
     Detective John W. NAGEL was called to testify as to what he saw of the defendant while he was watching him at the hospital. This was before the cut was sewed up.
      "Did you have any talk with him on the 14th, the day he was taken there?"
      "Yes, sir."
      "What time was this?"
      "Three o'clock in the afternoon."
      "He asked for cigarettes," continued the officer, "and to pacify him somebody said he would get some."
      "What else was said?"
      "He said he didn't want Sweet Caporals and mentioned other kinds he didn't want. He mentioned the kind he smoked."
      "Did he tell you how many he smoked?"
      "Yes; he told O'LOUGHLIN and me that he smoked from two to four packages a day."
      "Did you think KENT was responsible?"
     "I thought he was rational."
      Officer Frank SIENER was re-called.
     "Did you inspect the bracelet on Miss DINGLE's wrist?" asked Mr. WARREN.
     "I did."
     "What for?"
     "To see if there was anything on it."
     "Did you see blood on her wrist?"
     "No, sir; if there was I would have seen it."
                                      WRIST NOT BLOODY
     Seiner was then cross-examined.
     "Do you mean to say, officer, that there wasn't any blood under her wrist?"
     "No, sir."
     "You don't know whether the wrist and hand were in the pool of blood?"
     "I know they were not."
     "Wasn't the hand hanging over the edge of the bed?"
     "It was."
     Witness said it was after others had been there that he examined the bracelet.
     "Do you mean to say that with blood all around there you would have noticed blood in the creases if it had been there?"
     "Yes, sir, I would."
     "You mean to say that while you were looking for the engraving you didn't see blood?'
     "If there had been blood there I would have seen it."
     Officer William McDONALD was also called upon the same point. He also said he saw no blood on the bracelet.
     "Did you notice the wrist and hand?" asked Mr. WARREN.
     "I did."
     "Did you notice blood on them?"
     "I did not."
                               SOME NEGATIVE ANSWERS
     Miss ALLERTON was re-called at the request of the defense.
     "Did a Mr. RAPPLEYEA call at the hospital and ask you for information?"
     "I do not know the man you mention."
     "Did you tell that gentleman that you would not give him any information?'
     "I do not remember."
     "Will you swear that you did not?"
     "I will not."
     "How many times did you tell the man who called with KENT that you didn't know the nurse who attended KENT?"
     "I don't know."
     "Did you tell them each time they called that Miss HILLEGUS, the nurse they called for, was out?"
     "I don't remember."
     "Didn't Mr. RAPPLEYES finally say he would stay there until Miss HILLEGUS came?"
     "I don't remember."
     "Weren't you exceedingly angry and told him she wasn't there?"
     "I may have been annoyed."
     "Did Miss HILLEGUS finally appear and talk with RAPPLEYEA?"
     "I have an indistinct recollection that she did."
     "Didn't you tell RAPPLEYEA you wouldn't have your nurses mixed up in this case?"
     "I think I did not."
                                                 RAINES WAS PERSISTENT
     "Did you give Miss HILLEGUS information that the man was there until the last time?"
     "I don't think I did."
     "Was there an occurrence with reference to Miss HILLEGUS coming to the court?"
     "I believe there was."
     Judge SUTHERLAND sustained an objection to the conversation.
     "Did you tell the gentleman over the 'phone that you wouldn't have your nurses mixed up in this case?"
     "I did not."
     "Didn't the gentleman at the phone tell you that, he would send the sheriff for you if you didn't let Miss HILLEGUS come here?"
     "No, sir."
     "Didn't you then say you would send Miss HILLEGUS down here?"
     "No, sir."
     "Did the conversation open with a request for the name of the nurse who was on KENT's floor?"
     "I don't think so."
     "Didn't the gentlemen say that if you didn't give the name of the young woman you would be subpoenaed to court?"
     "No, sir."
     "And wasn't the name of the nurse withheld by you until you were threatened?"
     "No, sir."
     "When did you first tell Mr. WARREN about this expression; 'Mum's the word?"
     "Yesterday morning. I believe."
                                                             NOT IN ANGER
      "Didn't you convey that information in anger because of your trouble over the nurse with the defense?"
      "No, sir."
     "Weren't you angry at KENT because of this occurrence, and didn't you have a feeling against KENT?"
     "I had a feeling of annoyance."
     "To whom did you first speak of this expression 'Mum's the word?'" asked Mr. WARREN.
     "To Dr. SNODGRASS."
     "You didn't call up the district-attorney's office?"
     "No, sir."
     "Mr. MATSON first called you?"
     "He did."
     "When did he first call you?"
     "It was some time ago."
     "Now tell us what you said when you were called on the phone?"
     "I said I didn't like to have my nurse mixed up in such a nasty mess."
     Miss ALLERTON described the blood-stained letter, saying that it was in a folded piece when she took it from KENT's pocket.
     Judge SUTHERLAND then said he would admit the statement in evidence. He said;
                                                          ADMITTED THE STATEMENT
     "I don't think it would be proper for me to state my own views upon this subject. I will say, however, that I think the evidence is such that I must admit the statement as evidence, and it will be for the jury to describe as to the weight which this statement will have."
     Coroner Thomas A KILLIP was then called, and the statement was produced by Mr. WARREN. Dr. KILLIP remembered a part of the statement, and told what he could recall. He was then allowed to read from the written paper.
     Coroner KILLIP said he couldn't pick out the exact words that were used by the defendant as distinguished from the things stated in the questions.
     "Did you ask him, "Did you go to bed?"
     "I think so."
     "And you wrote down 'We went to bed' in the statement?"
     "I did."
     "Why didn't you make the answer in the singular. 'I went to bed?'"
     There was something else said that made his answer 'we went to bed." 
                                                   AN IMPORTANT DISTINCTION
     Mr. RAINES tried hard to show that KENT really said: "I went to bed." KENT's testimony day before yesterday was that when he went to bed Miss DINGLE was fully dressed.
     "I read the statement over to him containing the words 'we went to bed,'" said the Coroner. "He assented to it all."
     The witness said that while KENT was talking he "was catching as much of it as he could."
     "Do you think that you could help the paper with your memory anywhere near as much as the paper could help your memory?"  asked Mr. RAINES.
     Judge SUTHERLAND said the question was "a little hard." and KILLIP didn't try to answer it.
     Dr. KILLIP's cross-examination concluded with his replies that he knew nothing, when the statement was taken, of Miss DINGLE's love affairs nor of the "fellow who was dogging the life out of her."
                                                          BAD FOR THE DEFENSE
     De Witt WALZER, for nine years an engineer at the Whitcomb House, and residing at the corner of Broadway and Monroe avenue, testified in response to District-Attorney WARREN's questions that he went into room 147 on the morning of September 14th last, just as the coroner quitted it. He went to get the bloody bed clothing. There was considerable blood on the east side of the bed. There was an oblong spot eighteen inches in diameter extending from the pillow downward. It was clotted. There were some very large clots and some small ones.
     "I took the clothes down to my department and soaked the blood out of them. The blood was on her side of the sheet."
     Did you find anything in the blood?"
     "I found a silk handkerchief on her side. It was in the blood. I thought at first it was a blood clot."
     "How large was it?"
     "About sixteen or eighteen inches square."
     "What shape was it in?"
     "Rolled up into a knot."
     "Was it wedge-shaped?"
     "It was."
     These questions and answers got in a piece of evidence on the importance of which the prosecution lays great stress. The people contend that KENT rolled up this handkerchief and inserted it in the wound in Miss DINGLE's neck. The evidence is that there was no blood on her hands so it is not likely she handled it.
     "I thought it was a clot of blood at first," continued the witness; "it was right in the clot of blood on her side. On the lower edge of the pillow case was a spot about five or six inches long. The handkerchief was two or three inches from the pillow case in the clot of blood, with clots of blood all around it. I burned it. I shook it out and found out what it was. I couldn't stand any more of it and threw it in the fire. The blood in some places went through the mattress and showed on the other side, in spots the size of a penny, on her side of the bed. The mattress was sent to a carpet cleaner on Main street, BAKER, I think."
     Witness illustrated with his pocket handkerchief the appearance of the handkerchief, wedging it up into a lump. "It was 2 1-2 or 3 inches long," he said, "and would naturally be taken for a clot of blood. His pillow had very little blood on it. The bed was all smeared with blood from being handled. I noticed a spot of blood on the carpet, maybe a foot in diameter. I noticed no other spot on the carpet. I rinsed out everything that had blood on it."
                                                               WALZER CROSS-EXAMINED
     On cross-examination Mr. WALZER said: "I don't recollect the exact time I was in there. It was right after the coroner came out of the room. The covers were rolled back to the foot of the bed. There was a white counterpane and a blanket and sheets, an ordinary woolen blanket and two sheets. One side of the counterpane was covered with blood more than the other. There was some blood on the blanket and some on the upper sheet. It was to one side and near the end. I don't remember whether there were drops of blood on the counterpane. I think the clothes were tucked in. They were not thrown over the foot of the bed, they were rolled and pushed back to it. I knew which pillow belonged on his side and which on hers because I took them off the bed."
     Mr. RAINES read WALZER's testimony at the inquest, contradicting his evidence just given on this and other points. Witness stuck to his last story. His last testimony under cross-examination was that he didn't pick up any person's clothing, and that he could tell that the blood-soaked handkerchief was a silk one.
     "We've been unable to find the bellboy, McCARTHY," the District-Attorney stated at this juncture; "the last trace we got of him he was somewhere in Canada. His evidence was taken at the last trial and I think the defense will consent to its being read here." Counsel for the defense nodded assent.
     "I wanted Mr. MEYER to prove the disposition of Miss DINGLE's clothing," added Mr. WARREN, "and to show that her family did not receive it."
                                                         READ M'CARTHY'S TESTIMONY
    "While you are waiting for him, Mr. LANSING will read McCARTHY's testimony," directed the Court. The stenographer was duly sworn and for two mortal hours read the testimony, throwing a deal of life into it, and, on the whole, saving the jury from enn_ by his fine delivery.
     Then Mr. WARREN read the KENT and DINGLE letters to the jury with great expression, and passed them around for inspection.
     Mr. MEYER's evidence was not of such particular importance as to delay the trial for, he remarked to Judge SUTHERLAND: "I think the people rest."  That was at 4:35 o'clock.
     Mr. RAINES moved the striking out of the expression, "Mum's the word," in Miss ALLERTON's evidence. Judge SUTHERLAND denied the motion.
    Then he moved the dismissal of the indictment as not sufficiently supported by the evidence to warrant conviction, taking up each of the four counts in turn. Judge SUTHERLAND denied a motion that the District-Attorney be instructed to elect between the first and third counts, respectively the "razor" and "poison" counts, on which to go to the jury, but he made a formal ruling that the evidence was insufficient to warrant conviction on the second or fourth counts, unless the proof should materially change. Mr. RAINES wanted them dismissed then, before the defense entered upon its case, but the Court decided to reserve dismissal, although stating that it would not be necessary for the defense to offer any evidence to oppose the poison counts. This was a victory for defense and left the case down to the proposition that KENT aided and abetted the girl to commit suicide by advising her to cut her throat or by cutting her throat.
                                                                    RAINES TO THE JURY
     It was within five minutes of 5 o'clock when Mr. RAINES commenced his opening address to the jury. He complained that he had not expected to begin the defense before to-day. Counsel reminded the jurors that they were now at the middle of the trial and that it was difficult to tell how long a trial of such importance would continue. He dilated upon the province of the defense which forbade it to go into the prosecution's evidence further than to advance the theory of the defense and to present the two theories in contrast.
     "You must not draw inferences from my silence as to important pieces of evidence," he warned the jury.
     "We are here to try the plain issue which is presented upon the face of the pleading. There is no other question in the case. We are not here as censors of morals. Each of you must distinguish between his duty as a citizen to reprobate immorality and his duty as a juror to decide upon the issues submitted to him. This indictment does not charge the defendant with immorality with Ethel B. DINGLE. If you did not have an opinion as to the relations of the defendant and Miss DINGLE you would not be qualified to act as jurors. The question of morality or immorality of the parties was aptly disposed of by a juror on examination here when he said that they were both alike in the matter."
     "The question you are to decide is whether this defendant, by his own hand, by his own voice, instigated and aided in the act which took the life of Ethel B. DINGLE with her own consent.
    "The defendant is now on trial for having contributed by counsel and manual assistance to the act of the cutting of the throat of Ethel B. DINGLE. This must be active. If KENT, for illustration, said 'You may kill yourself if you want to,' that would not be sufficient for conviction. You must draw the line between active participation in the crime and mere negative conduct, silence, being asleep, standing still while the act of death was committed by Ethel B. DINGLE. 'The latter is not sufficient for you. The charge is that in the act of killing her his advice was willfully present, was an active cause contributing to her death by the razor. It is the killing of Ethel B. DINGLE by active participation or advice which is the whole issue. Remember, the statute says willfully. "The proof against the defendant must go to the extent of putting in his mouth the words, "Take your life," not merely, 'Use the razor,' or 'take poison,'"
     Mr. RAINES here soared aloft in a characteristic outburst of eloquence that made KENT Sr., look around as if he felt he was indeed getting the worth of his money.
                                                             ELECTRIC LIGHT OF TRUTH
     "We shall put the electric light of truth inside the bloody globe our friend has brought you," he cried, shaking a menacing finger in the District-Attorney's face, "We shall show that when the dream of suicide that haunted Ethel B. DINGLE for months became a waking fact, that this defendant was there counselling her against it. If we make that clear to you, strange and startling as it may appear after hearing those letters read, if we show you that, gentlemen, then it will be your pleasure as well as your duty to discharge the prisoner.
     "You jurymen have each and every one of you been selected with the consent of the defendant because he thought you 'men of breadth and grip and force. Each one of you has been accepted by his counsel without challenge because this defendant believed you fit to pass upon the greatest concern of his future life. I ask you to keep your opinion on this case unformed. That you have almost unconsciously already a half opinion with reservations on many points, I take for granted."
     "My first suggestion is that you observe that there is much here to be explained and that the District-Attorney of this county has thrown on us much in justice to the cause he should have explained. The relations of Ethel B. DINGLE and Dr. RANDALL have not been explained, although you know there were such relations, from the letters read here. Yet Dr. RANDALL has not been brought here. You ought to know why this girl about to die writes a screed in arraignment of Mrs. RANDALL, the head of the Riverside Hospital in Buffalo, and maybe we shall call this lady to explain some of these references."
    "There is the letter to MACKAY beginning "Jack, old boy.' The District-Attorney hasn't regarded MACKAY's presence here material. Yet one of the letters in evidence was written to him. We shall produce him and have him tell why he was woven into the mesh of that tragedy.
    "It is necessary for you to determine why Ethel B. DINGLE wanted to die: to tell whether the defendant was a procuring or contributing cause of her death necessary to trace the terrible history of that girl, the crimes committed against her by those she trusted, the indiscretion committed against her by those she loved.
                                                               HER ONLY TRUE FRIEND
     "Necessary to tell how by an unfortunate succession of circumstances that girl at 18 years of age was literally pushed off the face of the earth. There was no ray of light on Ethel B. DINGLE when she passed out of the world except that reflected from the love-light of this defendant. He was the only friend she had on earth. Battered by the treatment of false friends, she was driven to the protection of this man, who stayed with her even unto death."
     The story of her life is more replete in romance and tragedy than all the volumes beneath which groan the shelves of yon book store. She was not the only woman who would have chosen death under the circumstances. The world for two years had pelted her with misfortunes. She was broken in fame, broken in health, broken in employment. The Toronto trip, of which you have heard here, was one of the last in the accumulated troubles of her life is was but one of the minor ones of the last day of her life. Comely, beautiful beyond the ordinary, affectionate beyond even the usual for her sex, but emotional to a high degree, she made struggle after struggle to recoup her position until failure after failure disheartened and killed her."
     Adjournment was taken at this point and Judge SUTHERLAND renewed his admonition to the jury to refrain from forming final judgment until the evidence was all in. The half-day session this forenoon will probably be entirely taken up with the remainder of Mr. RAINES opening address to the jury, as he spoke only three-quarters of an hour last evening, but he may find time to call a witness or two, not of special importance. The defense will begin in earnest on Monday.
Rochester, Monroe, NY
Democrat & Chronicle
Sun May 3, 1903
 
SCHIKER - HARGATHER
 
Miss Margaret E. HARGATHER, daughter of Mr. and Mrs. Peter HARGATHER, and George T. SCHIKER were married at St. Michael's Church Tuesday morning, by the bride's cousin, Rev. Mathew HARGATHER. The bride was attended by her sister, Miss Elizabeth, and the groom by Charles SNELL. The bridesmaids were Miss Theresa KOLB and Miss Lena KLINGER, and the ushers Charles BERWIND and Fred METZGER. The bride wore a gown of pearl gray veil, trimmed with Irish point lace and pearls. She also wore a hat of white chiffon trimmed with yellow roses and green sprays. A reception followed at the home of the bride's parents. After May 3d, Mr. and Mrs. SCHIKER will be at home to their friends at No. 20 La Force street.
*
KEELER - LENHARD
 
Miss Frederika LENHARD and Frank KEELER were married Tuesday at St. Mary's Church by the pastor, Father GLEESON. The bride was attended by her sister, Miss Carrie LENHARD, Louis STEPHEN acted as best man. Mr. and Mrs. KEELER will be at home, No. 3 Augusta street.
*
WAGNER - KIRBY
 
Alfred WAGNER and Miss Laura L. KIRBY, both of this city, were married by Rev. C. A. BARBOUR, D. D., at his residence, on Thursday night. Mr. and Mrs. WAGNER will reside at No. 213 Jones street.
*
FORMER MAYOR CLARKSON'S BIRTHDAY
 
Former Mayor George G. CLARKSON will celebrate his 92d birthday to-day at his home on Alexander street. He was born in Edinburg, and at an early age came to this country with his father. After a short stay he returned to Scotland for several years, coming again to Rochester in 1813. For many years he was president of the Rochester Athenaeum. He was elected Mayor of the city in 1874, and since that time has been connected with local financial institutions. For many years he was president of the Western New York Institute for Deaf Mutes.
----<>----
RETURNED WITH SON'S BODY
 
Director of Detectives J. C. HAYDEN returned yesterday from Ellicottville with the body of his son, Raymond, who was killed by a train on the Buffalo, Rochester & Pittsburg Railroad. The body was taken to the home, No. 22 Augustine street. The funeral will be held to-morrow morning from the house at 8:30 o'clock, and from the Holy Rosary Church at 9 o'clock.
----<>----
MORTUARY RECORD
 
Mrs. Edward CROSS died April 30th at the family residence on North Pleasant street in Canandaigua. She leaves a husband; five sons, James, John and Daniel, of Canandaigua, William R., of Auburn and Edward J., of Spokane, Wash., and two daughters, Julia I., of Canandaigua and Mary L., of this city.
 
Miss Susan KIELY, formerly of this city, was accidentally killed, April 21st, in Montreal, Canada. She was the daughter of Martin KIELY. The funeral was held from the residence, No. 210 Ottawa street, and the interment was at Cote de Neiges Cemetery, Miss KIELY was well known in this city.
 
Harris FISHER died suddenly yesterday morning at his home, No. 96 Joseph avenue. He is survived by his wife, three daughters and four sons.
 
MIllie R. FICHTNER died yesterday morning in the city, aged 20 years. She is survived by her mother and one sister, Olga.
 
Mrs. Lois BROMLEY died yesterday at the home of her daughter, Mrs. William VAN ELTEN, No. 207 Saratoga street.
 
Catherine, wife of Adam CONRAD, died last evening at the family home, No. 480 Colvin street, aged 38 years.
----<>----
DIED
 
FISHER - In this city, suddenly, Sunday, May 3, 1903, at the family residence, No. 96 Joseph avenue, Harris FISHER, aged 69 years. He is survived by his widow, Mrs. Hattie FISHER, three daughters, Mrs. Kate RUBENSTEIN, Mrs. Annie NEIMAN(?), Miss Sarah FISHER and four sons, Louis, Lester, Martin and Nathan FISHER.
-Private burial to-day. Please omit flowers.  
 
LOBB - In this city, on Friday, May 1, 1903, William LOBB, aged 83 years.
-The funeral will take place from the home of his daughter, Mrs. Thomas TURNER, No. 222 Spencer street, on Sunday, 3 P. M. Please omit flowers.
 
BROMLEY - In this city, Saturday, May 2, 1903, at the home of her daughter, Mrs. William VAN ETTEN, No. 207 Saratoga avenue, Mrs. Lois BROMLEY.
-Funeral private. 
 
DALEY - In this city, Friday morning, May 1, 1903, at the family residence, No. 108 Commercial street, Jennie M., daughter of Catherine DALEY, aged 18 years. Deceased is survived by mother, one sister, Minnie K. DALEY, and a brother, Frank F. ROBINSON.
-Funeral on Monday, May 4th, at 8:45 A. M., from the house and 9 o'clock at the Cathedral.
 
FICHTNER - In this city, Saturday morning, May 2, 1903, Millie R. FICHTNER, aged 20 years. Deceased is survived by her mother, Mrs. Emilie FICHTNER, and one sister, Olga.
-Funeral from the family residence, No. 121 Hudson avenue, Monday at 2 P. M. and from Grace Lutheran Church on Bay street, at 2:30, Rev. Mr. MURRAY officiating.
 
HAYDEN - Suddenly, Friday, May 1, 1906, Raymond H. HAYDEN, aged 26 years.
-The funeral will take place to-morrow (Monday) morning from the family residence, No. 22 Augustine street, at 8:30 o'clock, and at Holy Rosary Church at 9 o'clock.
Rochester, Monroe, NY
Democrat & Chronicle
Mon May 4, 1903
 
MORTUARY RECORD
 
Margaret, widow of Peter SHORT, died yesterday at the family home, No. 23 Manhattan street.
 
David W. ONDERDONK died yesterday at his home, No. 198 South Fitzhugh street, aged 63 years.
 
Elizabeth, wife of Gottlieb STROBEL, died last evening at the family home, No. 39 Atkinson street.
 
Catherine C. POPPKISS, widow of Edward POPPKISS, died last evening at the family home, No. 222 Jefferson avenue, aged 69 years.
 
George WEBER, Jr., died Friday in New York city. The remains have been brought to Rochester to his late residence, No. 455 Clinton avenue north.
 
Thomas C. HAVILL died Saturday night at the Homeopathic Hospital, aged 49 years. The remains were removed to his home, No. 102 Flint street. He leaves a wife, four sons and six daughters.
 
Catherine, wife of Adam CONRAD, died Saturday evening at the family home, No. 480 Colvin street, aged 38 years. She was a member of the Harugarl Ladies Society, Maria Hive, K. O. T. M., and the Ladies Benevolent Society of the German Trinity Church.
 
George, son of Melchior and Martha KASPNER, died at the family residence, No. 332 Clifford street, last evening, aged 19 years. Besides his parents, he leaves two sisters, Mrs. Peter MAGIN and Miss Mary KASPNER, and four brothers, Louis, William, John and Anthony.
----<>----
BEAT HIS WIFE AND TURNED OUT CHILDREN
 
Charge Against William SCHUE Who Disappeared After the Assault.
Warrant Issued
 
William SCHUE yesterday emulated the accomplishments of John VOGT on Saturday night in decorating his wife's face with cuts and bruises from his fists. SCHUE fled after he realized the extent of his brutality and had not been captured at midnight.
     SCHUE went home yesterday, not entirely sober himself, so the police say, and found his wife in a drunken sleep. Then he went at her with his fists and gave her an awful pounding. Her face was cut, bruised and bleeding when he had satisfied his wrath. She was injured worse than Mrs. VOGT had been the previous night.
     When officers investigated the case they found Mrs. SCHUE in a condition of helplessness and accordingly placed her under arrest and sent her to police headquarters, where the police surgeon attended her. She soon fell into a sleep.
     Captain ZIMMERMAN ordered that SCHUE be found and locked up. SCHUE disappeared from sight. Previous to his departure, however, he sought a neighboring saloon, afterwards returning to the house and turning his three small children out of doors.
     The children found a refuge at the home of an aunt. Their case to-day will be placed before the Society for the Prevention of Cruelty to Children, and doubtless a home will be found for the little ones.
    SCHUE who is a cartman, at No. 7 Henrietta street, disappeared from sight. All the police precincts were notified to look out for him. As the charge made against VOGT for a similar offense was assault in the second degree, a felony, it is likely that it will be the same in the event of SCHUE's capture. A warrant is not necessary in such cases.
Rochester, Monroe, NY
Democrat & Chronicle
Tue May 5, 1903
 
MONROE
 
Inspector Fred Guenther, of Brockport, Discovered Dangerous Leak in Canal
 
Fred GUENTHER, one of the inspectors of the Erie canal, has had an opportunity to demonstrate his worth. Sunday afternoon, while on his beat, near Brockport, he discovered that there was altogether too much waste water coming through the "waste weir," which is located directly west of the Utica street bridge in Brockport. Upon close inspection he found that the water had worn a small tunnel around the end of the "waste weir" wall and was also soaking through between the stones in the abutment. Fearing that the wall might crumble and cause a repetition of the disaster near Spencerport a few years ago, he telegraphed at once for a state scow, which will report on the scene as soon as possible.
    In the meantime close watch is being kept on the treacherous embankment. It is impossible to locate exactly the head of the break while the water is in, and it is thought that the entire wall may have to be cemented over.
----<>----
QUARANTINE PLACARD ON THE HOUSE
 
Sanitary Inspector J. T. BROWN, of the Health Bureau, states with reference to the recent case of diphtheria at No. 14 Prospect street that he placed the quarantine placard on the house May 1st, and that it has been there ever since. It has been stated that no placard was on the house. Dr. PERRINE, of the Health Bureau, who attends the case, is not Dr. W. A. PERRIN.
----<>----
WILLIAM SCHUE FOUND
 
William SCHUE, of No. 7 Henrietta street, whose assault on his wife, Libbie, was described in yesterday's Democrat and Chronicle, was arrested last night by Sergeant ALT and Officer SCHMUCKER, of the Second precinct. He was served with a warrant charging him with assault third degree on his wife.
----<>----
SCOTTISH CLAN ANNIVERSARY
 
Peter KERR, royal secretary of the Order of Scottish Clans, is visiting Clan McNaughton No. 23, which will celebrate its seventeenth anniversary to-night in the Durand building. The royal secretary is the guest of Chief James WATTS, No. 67 Avenue A.
----<>----
ALL ON ACCOUNT OF A DOG
 
William BROWN secured from the police clerk yesterday a warrant for Michael ROCK, of Clinton avenue north, who he alleged pounded him on the head with the butt of a revolver. BROWN was sitting on a doorstep by officer SPAHN Friday morning, and told the officer ROCK assaulted him.
----<>----
WOULD NOT PROSECUTE
 
Joseph POWELL, the young man who entered the sleeping room of Rose CORNWELL, a young woman living at No. 12 Glendale park, was discharged yesterday in police court. The complainants accepted POWELL's statement that he was intoxicated and did not realize what he was doing.
----<>----
WHAT IS A CORNER LOAFER?
 
John RANFEISEN, arrested Sunday by Policeman HEINLEIN, for corner loafing, asked Police Justice CHADSEY yesterday to define the term. The Court adjourned the hearing until Friday, when he will enlighten RANFEISEN.
----<>----
ALLEGED VAGRANTS DISCHARGED
 
Louis LAGUE and Frank STROWBRIDGE arrested Sunday for vagrancy, by Special Officer McKELVEY and Central Railroad Detective HULBERT, were allowed to get out of town yesterday, in police court, Anna SCANLAN, also arrested for vagrancy by Policeman MORAN, will be given a hearing later.
----<>----
MORTUARY RECORD
 
Benjamin C. GEORGE died Saturday in St. Joseph's Hospital, in Syracuse, after a short illness. Mr. GEORGE, who was a newspaper man, was well known in Rochester through his work as a reporter for the Herald. At the time of his death he was employed by the Syracuse Herald.
 
The members of W. T. Sherman Command, U. V. U., are requested to attend the funeral of their late comrade, Dr. D. W. ONDERDONK, at the family residence, No. 198 South Fitzhugh street, at 2 P. M. to-day.
 
Fred H. BUELTE died yesterday morning at the family residence, No. 364 Brown street, aged 44 years and 9 months. He (didn't get the rest)
----<>----
SANDER VERY BUSY
 
Policeman SANDER, at noon yesterday, stationed himself in the vicinity of Portland avenue and Jennings street, and within ten minutes had bagged five young men who were riding their bicycles on the sidewalks on the above streets. They were William RICHMOND, Herman SCHROEDER, Charles STAUB, John GEIGER and Gus FOGEL. They will explain the matter to Justice CHADSEY this morning. Thomas LAWRENCE and B. McGILL rode their bicycles on the sidewalk on Caroline street, Sunday, and Policemen TRANT and HETZLER nabbed them. They forfeited security yesterday rather than appear in police court.
----<>----
COUNTY CLERK HUNT ENJOINED FROM BURNING TALLY SHEETS
 
Greater New York Democracy Would Establish Right to
Party Column and Emblem at Next Election.
 
County Clerk HUNT was served Saturday with an order enjoining him from destroying the tally sheets of the general election of 1902. The order, served on county clerks throughout the state, grows out of the mandamus obtained by William H. RUSSELL, chairman of the Greater New York Democracy, compelling the new York Board of County Canvassers to make a return showing the votes _st in the column headed with the title of his faction and sporting the rooster emblem.
     The order received by Mrs. HUNT is signed by Justice GAYNOR. The order served on the New York board of canvassers directs them to produce the tally sheets in Supreme Court on the eleventh. Mr. HUNT may have to show up with his also. He could not, under the law, have destroyed the sheets until to-day, anyway.
     The intention of the greatest Democrats in bringing the proceedings is to establish the fact that they got over 10,000 votes in the 1902 election and are in consequence entitled to have a party column and emblem at the next election. They represent the "ruffle-shirt" element among the Democrats, but indorsed the entire Democratic ticket in 1902 and made no separate fight anywhere in the state.
     The original proceedings for the purpose of establishing their standing was brought in Erie county, by Loren E. BOISE, went through the Fourth Department Appellate Division in this city and is now before the Court of Appeals. The contention of the greater Democrats in these proceedings is that the election clerks did not separate the 1902 votes so as to place theirs in a column by themselves. As they did not scratch any regular Democratic candidates the clerks were hardly to blame for their action.
----<>----
DIED
 
RYAN - In this city, at her late residence on Orchard street, Monday, May 4, 1903, Mrs. Mary RYAN, widow of William RYAN.
-Funeral private.
 
BUELTE - Monday morning, May 4, 1903, at the family residence, No. 364 Brown street, Fred H. BUELTE, aged 44 years. He is survived by his wife, Margaret BUELTE, two sons, Charles and Florence, and one daughter, Sylvester BUELTE, one brother, Bernard BUELTE, and one sister, Mrs. Fred ARMBRUSTER.
-Funeral Wednesday morning at 8:30 o'clock from the house, 9 o'clock at SS. Peter and Paul's Church.
 
STROBEL - In this city, Sunday night, May 3, 1903, at the family residence, No. 39 Atkinson street, Elizabeth; beloved wife of Gottlieb STROBEL, aged 62 years and 7 months. She is survived by her husband, one son, Fred STROBEL, and four daughters, Mrs. C. WARREN, of Michigan; Mrs. W. MENGERINK, Misses Emma and Cora STROBEL.
-Funeral from the house Wednesday afternoon, at 2 o'clock. Funeral strictly private.
 
POPKISS - In this city, on Sunday, May 3, 1903, Catherine C., widow of Edward POPKISS, aged 72 years and 7 months.
-The funeral will take place from her late residence, No. 222 Jefferson avenue, on Wednesday, at 2 P. M., and from the Church of the Epiphany at 2:30 o'clock. Burial at Mount Hope.
 
REYNOLDS - In this city on Monday, May 4, 1903, Mrs. Anna REYNOLDS, aged 70 years.
-The funeral will take place from the Rescue Mission on Front street, Wednesday, at 3:45 P. M. members of the Good Will Society especially invited.
 
HURLBUT - At the Homeopathic Hospital, Monday, May 4, 1903, John C. HURLBUT, aged 52 years. He is survived by his wife, one daughter and son.
-The funeral will be held from his late residence, No. 362 University avenue, Wednesday, May 6, 1903, at 3 P. M., and will be private.
----<>---- 
GRANT'S REPUTATION WAS BADLY BLACKENED
 
Put in Unenviable Light by Witnesses for Kent
Persecuted and Threatened Ethel Dingle, it Was Claimed -
Mr. Raines Trying to Show Depression and Despondency of Dead Girl -
District-Attorney Brings Out Some Spicy Facts From Dressmaker Who
Received Calls From Kent at Livingston Hotel -
Played Cards There Since Trial Commenced
 
     Yesterday was really the opening day for the defense in the KENT trial and much testimony was of a variety that kept the large throng of women who packed the court room constantly on the alert for new sensations. The testimony of the first witness for the defense, Mrs. V. C. BRACKEN of Erie, Pa., was badly broken up by the skillfully conducted cross-examination of District-Attorney WARREN, and the witness was shown up in no very enviable light.
     With Dr. Thomas H. McKEE of the Riverside Hospital, the District-Attorney had little success, although at times he severely questioned the witness and endeavored to break down his testimony. The doctor, however, gave him as good as he sent, following Mr. WARREN's voice in inflection and replying promptly and decisively where he could, but never making the mistake of being too positive.
     From this witness came the story of the dead girl's downfall as related to him by Ethel at the Riverside Hospital. At one time during the examination of the witness, the District-Attorney shook his finger at Doctor McKEE, while impressively asking questions. The doctor, nothing daunted shook his finger at Mr. WARREN, while _ying, and the spectacle of the two men facing each with threatening forefingers upraised, was too much for some of the spectators, who giggled in schoolgirl fashion at the sight.
     Judge SUTHERLAND exclaimed:  "Stop that miserable demonstration over there or put the offenders out of the court room," and the giggling stopped instantly.
     KENT's pallor has increased since the sessions of last week and when he entered the court room yesterday afternoon it was very marked. During the examination of Dr. McKEE, he threw away his caution and laughed behind his hand at the testimony.
                                                                         DEFENSE'S FIRST WITNESS
     The first witness at the afternoon session was Dr. Thomas H. McKEE of Buffalo, who is a practicing physician and surgeon and a graduate of the University of Buffalo. He said:
     "There was a time when I delivered lectures to the nurses at Riverside Hospital. In the years 1899 and 1900, I think. At that time I became acquainted with Miss DINGLE in the classes. In 1898 and 1899 I was interne there. Miss DINGLE was there then.
     "Did you observe her with regard to her capacity as a nurse?"
     "Yes. She was a very bright child. Later, when she got some training she was a good nurse, apt in her studies and practice. The nurses were taught the usual course by physicians, who lectured on the essential points of different branches."
     "In the preparation of surgical cases what was the method of instruction with regard to the use of the razor?"
      "That instruction was given by Dr. KENNISON or Dr. RUTH. I don't know what facility she had in the use of a razor. I know she prepared some patients for me. I had known Miss DINGLE since 1897. As to temperament and disposition during the last two years. I would divide the time into two periods. While I was stationed there up to the Pan-American year, she was bright and vivacious; almost a child; impulsively affectionate but a thoroughly good girl. She had a strong emotional nature. After that I saw her occasionally and more frequently at the hospital. She was not o cheerful. There was a change. She had not the same bright way."
     "Did you notice her health from December 1, 190_, to August, 1902.
     "No."
     'Was there a time when you went on an excursion with the hospital employees?"
                                                              THREATENED BY DR. GRANT
      "Yes. Just before the twentieth of August. The Tuesday or Wednesday before I went to the dock landing about 8:30 at night. The nurses, doctors, attendants and their friends took the excursion. I saw Miss DINGLE as I walked up the dock. She was talking to nurses. McKAY was there, too."
     "How long after that did you see Dr. GRANT?"
     "About five or ten minutes."
     "What occurred then?"
     "In a few minutes GRANT came to the group where Miss DINGLE was. She did not speak to him. I stepped aside and the group broke up. Ethel was on the dock near the water's edge. GRANT followed and talked with McKAY, Ethel and another nurse, either Miss KELLY or Miss McCAULEY. Almost immediately, Miss DINGLE came to me and asked me to take her home. She said she was afraid that GRANT would attack McKAY. GRANT was behind her when she made this appeal. She talked rapidly and excitedly. I was with her and he followed us. She became very much frightened. He insisted on her going with him and begged and pleaded and threatened to get her to go with him. I told her to do as she pleased. I said if she wanted to go with him she could. GRANT was from one-half to two-thirds drunk at the time and was very ugly.
     "She said she could not go to the hospital after being made such an exhibition of. GRANT swore that she should never go back to the hospital as he would make it too hot for her. GRANT sat in the car with us on the way home. He sat in the seat back of us and tried to talk with Ethel. I told Ethel to go back to the hospital. She refused. We went to Ethel sister's home. I went in with her. She told her sister very frankly what had occurred and she replied: "What could you expect from a man like GRANT?" I told Ethel I would go to Dr. RANDALL and explain that her conduct had been perfectly proper and I did so."
                                                                  ETHEL WAS DESPONDENT
     "Did you notice Dr. GRANT while you were in the house?"
     "No, I did not look for him. Ethel went back to the hospital the next day. I saw Ethel there. I talked with her about GRANT. As soon as she saw me she thanked me for speaking to Dr. RANDALL. She was bitter against GRANT for the disgrace he had put on her. She said she would have nothing more to do with him. She said she was afraid GRANT would follow her up and kill her. She was in great physical terror. I told her to finish her course at the hospital and we would send her to some other place where she could take up her work in peace. She was exceedingly depressed and despondent about the whole situation. That night she expressed a desire to make an end of herself. She told me of her relations with GRANT."
     "Tell us what she said."
     "She said that GRANT had taken her to the White Elephant during the Pan-American year and had induced her to drink wine. He got her intoxicated and then took her to a notorious RAINES law hotel, called the Villa, and seduced her.
     "She told me that he detained her three days at Niagara Falls with him by intimidation. She said he slashed her on the leg one night with a penknife and she offered to show me the cut in her dress. She also said that he forced her to go to the Iroquois Hotel one night. She did not talk much about her family. She did not talk much about her future. She was afraid GRANT would hunt her up and kill her. She spoke once of ending it all and perhaps she repeated it. I talked with her for half an hour. I believed she would adopt my plan of finishing her training and then going out of town. I have often seen Ethel in the operating room."
     "What about her being right or left-handed?"
     "I never noticed whether she used both hands with equal facility. We expect nurses to be more capable with both hands than other women."
                                                              QUESTIONED BY MR. WARREN
     The witness was then turned over to Mr. WARREN for cross-examination. He said in reply to questions of the District-Attorney:
      "I graduated from the University of Buffalo five years ago. I have known the defendant three years. I have seen him twice a week all winter. I never talked with him about the case. I talked with his father, Sunday night, on the phone, and several months ago I went over the case with him."
     "Were you friendly with Miss DINGLE?"
     "I was on very friendly terms with her. She told me her troubles and came to me for advice. I have no recollection of treating her for toothache. Ethel might have been ambidextrous. I did not notice which hand she used in eating, writing or putting on her hat."
     "Where was she working when you saw her in 1901?"
     "For the Bell Telephone Company I think. The next time I saw her she had gone back to the hospital, in December, 1901."
     "How did she appear then?"
     "She had an air of unhappiness about her. I did not ask her what the matter was. I knew the cause too well. I thought it was in relation to GRANT."
    "Don't you know that she was deeply in love with GRANT then?"
     "I have my doubts about it. I know that she was reputed to be engaged to GRANT."
     "Did you speak to Dr. RANDALL about Ethel's despondency?"
     "I did not."
     "Were you a married man then?"
     "I was. I saw Ethel at the dock about 8:30. I was going on the excursion."
                                                                WOULDN'T GO WITH GRANT
     "Well, what about going home with Ethel?"
     "She came to me and asked me to take her home, and we went, after a minute. She would not go on the excursion, as I advised, so I started off with her for her sister's."
     "Did GRANT go too?"
     "Yes. When Ethel took my arm, GRANT came up and walked along beside her. He begged, and pleaded with her in a maudlin fashion to go with him for one minute. He said he loved her and always loved her. She absolutely refused to go with him. Then he said that everything she had on her back he bought for her. He said he had done everything a man could do to help her along, and she replied that GRANT was the cause of her fall."
     "Well, is that all?"
     "No. He accused her of having relations with a commercial traveler named DAVIS. We were walking along the street and they were arguing. Dr. GRANT spoke low and intensely. Ethel spoke louder and hysterically. Part of the time she had hold of my arm. I insisted that she should go either home or to the hospital."
     "Did GRANT still go along with you?"
     "He got on a car with us and continued his arguing from a seat behind us. He proposed that we all stop at a cafe and talk the matter over. Ethel refused. GRANT then said good night civilly and got off the car. When we got to her sister's, I went in with her."
     "Where is this villa where you say she claimed GRANT took her?"
     "On the corner of Pope and North Division street. I asked Ethel why she did not make an outcry at the Iroquois. She said she did not want to make a scene."
      "What else did she tell you?"
                                                                           SAID GRANT CUT HER
     "She said, also, that he sliced her leg with a penknife, on the street. I did not ask her any questions about it. I thought it was strange. She said she would show me the skirt with the rip sewed up in it."
     "Did she say she yelled murder?"
     "No."
     "Did you speak to Dr. RANDALL about this talk?"
     "No."
     On redirect examination the witness said that the "villa" was a restaurant, and they let rooms. Ethel did not say that there was anyone else with them at the White Elephant."

                                                                             KENT CHUM CALLED

    There was a ripple of excitement when Attorney RAINES called the name of John R. McKAY, who is known as KENT's chum and confidant. McKAY said that he lived in Buffalo and was employed by the New York Central Railroad and the American Express Company. He testified:
     "I became acquainted with Ethel in June, 1901. I paid her attentions until September. Then GRANT caught her writing a note to me. GRANT called on me and asked me how I got acquainted with her."
     Judge SUTHERLAND refused to listen to remote incidents so far removed from the homicide.
     "When was the time she commenced to give you her confidence with regard to unlawful relations with Dr. GRANT?" asked Mr. RAINES.
     "The day I met her first."
     "Detail the conversation."
     Judge SUTHERLAND refused to allow the witness to reply, saying it was incredible that the girl would make such a statement to a stranger on her first meeting with him. Mr. RAINES tries several times to get the testimony in, but the Judge was firm and Mr. RAINES took several exceptions to the ruling.
     "In the month of August did you meet Miss DINGLE?" continued Mr. RAINES.
     "Yes, at the picnic. I saw her on the street previous to that, but I did not speak to her. I got to the dock at 8 o'clock. I met Ethel there and talked with her. She said that when GRANT came there would be a fuss. She sent a nurse to see if he was coming. GRANT came up and shook hands with me and said: 'I might have known you would be here.'"
     "What happened then?"
     "Ethel walked away and he followed her. He abused her. I could not hear what was said. I then started for home."
     "Where did you go then?'
     "I got on the first car that came along. Miss DINGLE and Dr. McKEE were on the car and a little while after GRANT got on. I stepped off at the TIFFT House. GRANT was all right in appearance but was angry."
    "When did you next see Miss DINGLE?"
    "September 13, 1902. She came to the house to see me. She wanted me to get a ticket to Canada for her. I had given her a pass to Toronto before. The pass was in my name."
     "What did she say she wanted it for?"
                                                                     HAD LOTS OF TROUBLE
     "She said that she wanted to go home for a rest and to get away from Buffalo. She had lots of troubles. I did not ask her what."
     "What did she do then?"
     "She said that she did not know what to do or where to turn. I told her to go to Mrs. VAN ALLEN'S."
     "What was her reply?"
    "She said Mrs. VAN ALLEN would have nothing to do with her. She said the boys were not able to take care of her. She wanted to keep away from GRANT. She said everyone was against her and she did not know where to turn or what to do. Then she went away saying she would be back on Saturday."
     "What was her appearance at that time?"
     "She appeared very worried and tired and sitting up all night with me when I was sick, made her more so. I had noticed her crying at night while watching me and asked her what her trouble was. She said it did not concern me. On Friday she said that she had received word that she could not go to Dundas."
     This finished McKAY's examination for the day. He will go on the stand this morning, probably for the greater part of the day.
                                                                    AN INTERESTING WITNESS
     The star witness of the morning session was a dressmaker from Erie, Pa., who responded when the name of Mrs. V. A. BRACKEN was called by Attorney RAINES. In August last, Mrs. BRACKEN visited a friend, Mrs. DUGAN, at Riverside Hospital.
     Mr. RAINES --"While there did you see Miss DINGLE?"
    "Yes, I saw her between 6:30 and 7 o'clock in the operating room. I was inspecting the operating room."
     "Please give all you heard and saw."
     "Well, as we entered the room, Miss DINGLE's back was towards us. Then she turned and I saw from the redness of the eyes that she had been crying. While I stood there she picked up a towel and then a knife and wiped the knife on the towel."
     "In which hand was the towel and the knife?"
     "The towel was in the right hand and the knife was in the left."
     "When did you next see her?'
     "On a Monday. She came into the basement while preparing an operation. She had a hard look."
     "She gave a long-drawn sigh and I asked, 'What is the matter? and she replied, 'What would you think if you had received letters like these?'
 and she handed me two letters."
     Mr. RAINES produced the letters and asked the witness to identify them.
     The Court --"How do you know these are the letters?"
     "From the subject matter. I heard her read them and observed that they were written in a scrawling hand. I did not read them, she read them to me."
     The Court --"What did she read to you?"
     Witness -- "The letter said--"
     The Court --"Never mind what the letter said. What did she read?"
                                                                A QUICK CONFIDANTE
     Witness-- "She read," 'I am to __,' and then there was something about 'seven presents back' and a threat."
     Mr. RAINES-- "I offer them in evidence."
     The Court -- "Not received."
     Mr. RAINES-- "Exception."
    The witness was next asked regarding the other letter.
     "I said I wouldn't waste any affection on an individual like that. And then she said, 'What would you think to get a letter like this?' This letter was addressed in endearing terms and spoke of the 'lovely day,' the near approach of their meeting and a confession that his conduct on Friday night was 'due to whisky.'
     "I laughingly remarked that there must be a change of mind," said the witness.
     "She then came in with a flatiron in her left hand, and tested it with her right hand. She ironed the first part with her left hand and the other part with her right."
     "Repeat the conversation," said Mr. RAINES.
     "She said she didn't want to see a man again, and that she believed she would end her life, and also said: 'I know what I'll do. I'll get $50 or $75 and send along with the presents, and that will be what he has spent on me."
                                                                  ALWAYS WITH LEFT HAND
     Mrs. BRACKEN said that as Miss DINGLE was going out of the room she took off a dress skirt with her left hand, and hung it up. Next she slitted it down with her left hand. Witness thought this was because Miss DINGLE was through with the skirt, and didn't think of the girl's idea of suicide.
     The witness was then turned over to Mr. WARREN for cross-examination. He reached for a little notebook and opened his batteries as follows:
     "How many times have you been out with KENT since you have been here?" asked Mr. WARREN.
     "Not at all, that I remember."
     "Haven't you been on the street walking with KENT?"
     "Only as I came to and from the Court House."
     "Think a moment now."
     "I can't think of any."
     "Have you been on the street at night at any time with the defendant?'
     "No, sir."
     "Think again, Mrs. BRACKEN. Now, haven't you?"
     "I recall of no time having been with the defendant alone on the street."
     "You wouldn't swear positively, would you?"
     "I recall of no time when I was on the street with defendant."
     "Weren't you with KENT at night last week?"
                                                                 SHE SENT FOR KENT
     "There was a time last week when a young woman was stopping with me, and rather than have her go home alone I had Mr. KENT get up and walk home with us both."
     "At 4:30 o'clock in the morning?" asked Mr. WARREN.
     "Yes, sir."
     "What was your condition that night asked Mr. WARREN.
     "There was nothing different than usual."
     "Who had been playing cards?"
     "The two Mr. KENTS, this young woman and myself."
     "Had you been drinking, Mrs. BRACKET?'
     "I had a bottle of beer."
     "Had you been drinking, Mrs. BRACKEN, to affect your memory?"
     "I had been drinking only a bottle of beer."
     "Now think again, Mrs. BRACKEN."
     "I think I can say positively that I didn't have any more."
     "Positive that you didn't drink any more, Mrs. BRACKEN?"
     "Yes, sir."
     "How long did you play cards?"
     "I think we played three games."
                                                        PLAYED UNTIL MORNING
     This incident occurred last Thursday night, and it was Friday morning when they left and KENT escorted them home.
     Witness wasn't positive when the party broke up.
     "Is your friend a witness in this case?" asked Mr. WARREN.
     "She is not."
     "You have seen the defendant every evening since you have been here?"
     "I believe so."
     "And he has come to your room unaccompanied?"
     "He has."
     "Was he in your room last night?"
     "He was."
     "What time did he leave?'
     "I do not know positively."
     "Did he leave your room before 12 o'clock?'
     "It is my impression it was before 12."
     "How many hours was he in your room last night, Mrs. BRACKEN?"
     "I do not know."
     "Was it one, two, three, four or five hours?"
     "I don't know."
     "Where dif you meet this defendant Wednesday night?" asked Mr. WARREN.
     "I met him in our quarters at the hotel."
     "Did you see him in your room Wednesday night?"
     "I do not recall."
                                                                SOME POINTED QUESTIONS
     "Didn't he enter your room at 9 o'clock Wednesday night, and wasn't he there an hour and a half?"
     "I don't know."
     "Didn't he enter your room at 9:30 o'clock on Friday night, and didn't he leave there not until 3 o'clock the next (Saturday) morning?"
     "I don't think he did."
     "Think a moment," exclaimed the District-Attorney. "Remember you are under oath."
     Witness finally said it wasn't 3 o'clock when KENT left.
     "Weren't you alone in your room with KENT on Saturday night until after midnight?'
     "We had company and I don't know that we were alone."
     "Will you swear you were not alone in your room with this defendant three hours last Saturday night?"
     "I will swear."
     The witness was then excused.
                                                                SHE HAD USED RAZOR
     Harry M. WEED of No. 724 Ellicott street, Buffalo, a medical student at the University of Buffalo, was then called. He is the young man whose place KENT took at the Riverside Hospital when he met Miss DINGLE.
     A part of Miss DINGLE's work was to use a razor to shave patients before they were to be operated upon.
     "What can you say of Miss DINGLE's familiarity with the razor?"
     "I don't know that I ever saw her use one."
     "Tell us of Miss DINGLE's temperament?" asked Mr. RAINES.
     "She was usually of a bright, cheerful disposition. If things went wrong with her she was rather more depressed for a time than most people. Crying spells were not uncommon at these times. She recovered from these spells of depression very easily."
     WEED said that on the last two occasions Miss DINGLE had told him she was depressed and she didn't see how she could remain. On both these occasions she told him she would remain.
                                                         CAUTIONED MISS DINGLE
     "When I returned from my vacation I heard of the relations between Miss DINGLE and the defendant. After a few days I spoke to Miss DINGLE about the matter. I told her she had better have nothing to do with him, as he was a married man. She said she did not intend to. I said nothing to KENT. I did not know how bad the matter was.
     "I never noticed that Miss DINGLE used her hands out of the ordinary. I do not know whether she was right or left handed. I never knew of her being reprimanded for her conduct with physicians. I have talked with the defendant about this case."
     "When?"
     "At noon to-day. Last Saturday, and every time I saw him last week."
     The trial will be resumed this morning at 10 o'clock with McKAY still under direct examination by Mr. RAINES.
Rochester, Monroe, NY
Democrat & Chronicle
Wed May 6, 1903
 
DR. GRANT DIDN'T WANT TO GIVE UP LETTERS
 
Announced His Deepest Respect For Ethel Dingle
Dr. Lillian C. Randall Speaks Kindly of Dead Girl.
Produces Letter From Her Evidencing Affection.
Jack McKay Sharply Questioned by Mr. Warren.
Physicians and Attaches of Buffalo Hospital Testifies -
Raines Still Trying to Show Girl Had a Suicidal Mania and was Despondent.
 
     Despite the prominence of the witness who testified at the KENT trial yesterday there was nothing of a very sensational nature developed. Dr. GRANT, who claimed by KENT's attorney to be the one who sent Ethel DINGLE on the downward path, was on the stand and was the center of all eyes while he delivered to the Court a bundle of love letters which he had received from the dead girl, and manful_ said that they came from one whom __ loved. He regretted the fact that he was obliged to make them public. Judge SUTHERLAND assured him that unless necessary none of their contents would be made public.
      "Jack" McKAY, KENT's chum, took __ considerable time while District-Attorney WARREN put him through a course of sprouts, and when the District-Attorney had finished McKAY's testimony was robbed of much of its force. Another prominent witness was Dr. Lillian C. RANDALL, of Riverside Hospital. Her testimony was given in an unassuming manner and was clear and straightforward. She defended the dead girl's character do far and related to the period when Ethel was under her care, and said that the girl was never allowed to leave the hospital, even to go to her sister's house, unless accompanied by a chaperon. The name of Lorenzo VAN ALLEN was also called late in the afternoon, but there was no response.
     The feature of Dr. RANDALL's testimony was the production of a letter from Ethel DINGLE, written to Dr. RANDALL on August 23rd, about three weeks before her death. The letter breathes nothing but friendship and is in marked contrast to the letter left in the room where the fatal act was committed.
     The same crowd of women was in attendance long before court opened and struggled for seats where they could see and hear all that transpired.
                                                                   DR. RANDALL'S TESTIMONY
     At the afternoon session, the most prominent witness was Dr. Lillian _. RANDALL, who conducts the Riverside Hospital at Buffalo, as a private enterprise. She testified as follows:
     "I am a practicing physician at Riverside Hospital and employ a corps of physicians and nurses."
     "When did you first see Miss DINGLE?"
     "In 1896, early in the fall or late summer. She was a child in short dresses at that time. I made arrangements with my aunt and the housekeeper for her employment. She came as a helper to do anything in the way of light and easy work."
     The witness detailed the girl's life and routine of work at the hospital until the winter of 1900, and continuing said:
     "She left the hospital in November or December, 1900. She left of her own accord. I was surprised to find that she had gone. I saw her going down Niagara street at an hour when she should have been on duty. I had general charge of her training. Her special instruction was committed to the head nurse and surgeons. She made good progress. She should have graduated in 1901. She rebelled against authority. She was a motherless girl. She did not belong to any special class, but it was understood that if she did well she would be graduated in 1901 with that class. The fact that she left the hospital so many times worked against her."
     "Did she attend surgical cases?"
     "With regard to that I have no information except such as came from the superintendent. Of my own observation I know of no special work done by her. It was part of her duties to prepare patients for operations."
     "When did she come back to the hospital after leaving?"
     "She made application to come back in the fall. She returned about the first of December. I said nothing about Dr. GRANT then, nor did she. I saw her at the hospital before her return. She said then that she was engaged to Dr. GRANT."
                                                           TALKED OF SUICIDE
     "Did she ever threaten to take her life?"
     "She spoke of suicide once to me. She said. 'If you do not take me back I will commit suicide.' She came back the latter part of November, I think. Dr. GRANT called nearly every week after she came back. I don't know that personally. He came three or four times a month. I never saw him more than twice myself. He remained an hour or more each time."
     "Her work during the last six months was more advanced. I never saw her use her hands any other way than right-handed. Nurses acquire more faculty with both hands than other women do. She had the ability of an ordinary nurse. During that period I know nothing of her relations with Dr. GRANT. Up to the very last she spoke well of GRANT."
     "Did you get a postal card from her in July?"
     "I got the postal card from Toronto after I got back from my vacation. It was dated August 4th."
     "I returned to the hospital in the middle of August. I said nothing to Ethel about her leaving the hospital then. When Ethel left there was nothing of any importance that I know of to cause it."
     "When did KENT come to the hospital?"
     "He came to supply a vacancy, as interne, about June 20th. I saw him once after Dr. WEED returned in the hall for a moment."
     "Have you any of Ethel's letters, besides those you gave to me or to the district attorney?"
                                                        AN AFFECTIONATE LETTERS
     "Yes, here is one," said the witness.
     The letter was offered in evidence and reads as follows:
                                        Riverside Hospital
                                        Buffalo, N. Y., Aug. 23, 1902.
Dear Dr. RANDALL:
     You no doubt think me ungrateful and indeed quite foolish. Nevertheless. I will prove to you in the future that I have appreciated your kindness. I cannot come and talk to you as I would like to, as I _ight to. Doctor, I am about distracted and am going away. If you really care to hear of me I will write, but I pray God, Dr. GRANT will never hear of my whereabouts. I have, to a certain extent, turned against my work. I have tried so hard and so very often to get through each time having to fail. I feel in my heart you would like to hear of me and am going to write to you if it would be returned unopened, which I hope it will not. I am sorry if my leaving causes you any disturbance among the class and I will say that Mrs. CANNON has never liked me and has scolded me. Yesterday, after I ironed a (a line missing here) I took no interest in my work, which, of course, is not so. But it is over now and I hope all through my miserable existence, if it must be so. I may always think of you as a friend and as one who meant to do all in her power for me.
     I am not going to tell Mabel anything about this for a while. Please keep it quiet. Kindly say good-by and kiss the children and Miss DRAKE for me, I may never see them again. 'Believe me, Dr. RANDALL, and don't be angry.
                                  Lovingly,
                                   Ethel.
     A second letter from Ethel to Dr. RANDALL, written from Williamsville, August 6, 1902, was also of a very friendly nature toward Dr. RANDALL and like the first was far different from the scathing letters left by the girl in the hotel room, the hand-writing of which has been disputed. It was lengthy and of a happy strain throughout.
     Dr. RANDALL continued:  "Miss DINGLE had up to this time, never informed me of her breaking off with Dr. GRANT. She had never said anything against GRANT to me."
     "Had you talked with anyone about her leaving?"
     "Yes, I telephoned to her aunt. After that I never saw the girl alive again, and never received any communication from her. Her aunt came to the hospital a few days after Ethel left. I think on August 25th. We talked about the Toronto trip. Lorenzo VAN ALLEN called on us also. That was before Mrs. McPHERSON called."
                                                                    ETHEL WAS RIGHT-HANDED
     On cross-examination Dr. RANDALL said: "Ethel was always ladylike. Her deportment with men was beyond criticism. I saw fit to warn her several times."
     "Are you positive that she was right-handed?"
     "I am just as positive as I can be about anything that she was right-handed."
     "What was her disposition?"
     "She was usually cheerful. When she came back the last time she seemed happy and more contented and did better work than she did before."
     "Were you aware that GRANT called on Ethel at the hospital?"
     "I gave Dr. GRANT permission to call on Ethel once a week. There was no particular time stated. Ethel told me that she loved Dr. GRANT very much. The last time she said that was in July some time. I warned Ethel against KENT. I told her he was a married man and that she must be careful. I never saw Ethel despondent. She was more inclined to be gay. She was extremely sensitive to pain."
     "Was Ethel stubborn?"
     "Ethel was not contrary nor stubborn nor exactly willful. I think Ethel always presented her best side to me. I always thought she ought to have a chaperon. I paid no attention to extravagant statements made by Ethel. Ethel had a chaperon with her even on half-holidays," days."
     Judge SUTHERLAND: "How many nurses are there in your institution?"
    "There are twelve besides the superintendent."
                                                                    TOLD OF HER TROUBLES
     Dr. John B. FRISBY was the next witness called. He testified that he was a physician, and in 1902 was in the General Hospital in Buffalo. He said: "I was on duty on the 13th of September. I did not have charge of the McKAY surgical case. Dr. KING was his physician. I was in McKAY's room in the middle of the afternoon. I showed Miss DINGLE through the hospital on her request. Miss DINGLE said she had a great deal of trouble. Later she made the same statement. I told her I did not care to hear about her troubles. She seemed downcast. I tried to offer her sympathy. She was low-spirited. I would not let her enter into details. I saw her once before that at the graduating exercises of the nurses at Riverside Hospital. I did not see her smile all the time that she was at the hospital."
     Charles DEUTSCHMANN, superintendent of the German Hospital, was the next witness. He said:  "I was at the German Hospital in 1901. I first saw Miss DINGLE one week before she came to the hospital. She was admitted by the Committee on Nurses. She came in on the 18th of April and her allowance started on the first day of May. She said she had worked at Riverside Hospital. She worked under a trained nurse. On the 11th of August she quit for good. I told Ethel that I did not want her to make a road house of the hospital. She said it would not happen again."
     Dr. BRISCOE was the next witness to take the stand. He said that he frequently had patients at the German Hospital.  "I knew Miss DINGLE and I knew that she resigned her position at the German Hospital. She asked me to help her get back. I did so. I made no observation as to her temperament."
    "Was she right-handed?"
    "I do not know anything about her hands."
                                                      WAS OF MOROSE TEMPERAMENT
     Then Mr. RAINES called Dr. GOLDBERG, who is a practicing physician of Buffalo, of twenty years' experience. He has been with the General Hospital since it was organized. He said:
     "I remember Miss DINGLE. I was a member of the Training School Committee, which admitted her to the hospital. Reports of Miss DINGLE's actions came to the committee. We decided to recommend her discharge. She was of a morose temperament. She called once at my office. She told me that she did not know which way to turn and if she did not get work she would end it all. The charges against Miss DINGLE were keeping irregular hours and having gentlemen callers at all hours of the day and night. I never saw her laugh."
     Thomas HERRON, a waiter at the German-American Hall, Buffalo, was asked:
    "In the week of September 8th to 13th, did you see KENT and Miss DINGLE at the restaurant?"
    "Yes, I saw her there Friday night of that week. They were drinking. They had a couple of pints of claret and some high balls. They stayed there until 11:30. That was on September 12th. Dr. EISBEIN and a lady were with them. I noticed Miss DINGLE. She was nervous and hysterical. KENT was out in the barroom most of the time with Dr. EISBEIN. "They left Miss DINGLE sitting alone."
     On cross-examination he said:  "I have known KENT for more than a year. I have seen him at the hall frequently. I have known Miss DINGLE for some time. She had been in and out frequently for the last two years. She was very much excited. Her excitement continued during the three hours she was at the hall that night. She acted strangely, talked with strange people and acted peculiarly. KENT was out in the barroom when she ran around and talked to strangers."
                                                                    SHE WANTED TO DIE
     When court opened yesterday morning the examination of John McKAY. KENT's chum, was resumed by Mr. RAINES. McKAY said:
     "I saw Miss DINGLE on the Friday preceding the tragedy. I was in the hospital and Miss DINGLE was nursing me."
     "Was a telephone message delivered to you that afternoon?"
     "Yes."
     "What was the message?"
     "It was for me to hold Ethel there."
     "Did you converse with Ethel?"
     "I did. She said she didn't know what to do or where to turn and wanted to die. I told her not to talk that way, that she should go to Canada. While I was talking KENT came in. He tried to help her on with her coat and she wouldn't let him. I said : 'Stick to her, old man, stick to her.'
     "I was trying to get the killing idea out of her head and get her to leave Buffalo."
     "How many times was this conversation about killing carried on between you?"
     "Twice."
     "What was her appearance?"
     "She was excited and crying and was tired of everything."
     "Was there a time during the afternoon when Dr. FRISBEE was in the hospital?'
     "I know she was talking with some doctor, but I didn't know who it was."
     "Did she describe the way in which she was going to kill herself?'
     "She did not."
     "What did she tell you about GRANT?"
     "She said, he hadn't treated her right and it was a matter of a great deal of worry to her."
     "Had she during the year previous made a statement to you of her relations with GRANT?"
      This was objected to by Mr. WARREN. Judge SUTHERLAND said:
     "In view of this conversation just now related, I think I must allow the evidence."
                                                            WAS AFRAID OF GRANT
     McKAY then stated that the conversation was on a Monday and that she said she wasn't going with him any longer.
     "She told me," continued the witness, "that she was engaged to Dr. GRANT. That she feared him, because he didn't want her to go with anybody else. That he was at times kind to her, and again angry."
     "How came she to make that statement to you?"
     "I met Dr. GRANT, and he told me in so many words that he didn't want me to go with her."
     "Had you been paying attentions to Ethel?"
     "I had been to see her two or three times."
     "Was there a time at the Genesee Hospital when there were some harsh words between you and Dr. GRANT in Miss DINGLE's presence?"
     "There was."
     Witness said he never met KENT before the 8th of September.
    "And yet you are the man to whom KENT wrote a letter six days later calling you dear Jack?"
     "Yes, sir."
     Mr WARREN here brought out the letter, in which KENT said:  "We love you and may God protect you."
    "Has he since shown his great love for you?"
    "No more than any other chap."
    "GRANT told me he clothed her," said the witness.
    "Did she say anything about this?"  asked Mr. WARREN.
    "She said he gave her a hat and coat."
                                            UNCOMFORTABLE FOR M'KAY
    "Did you know of the date of Mrs. VAN ALLEN's marriage?'
    "Yes."
    "And that Ethel was to be married to GRANT at the same time?'
    "Yes."
    "Do you know, McKAY, that you were the cause of breaking off this marriage?'
    "No, sir."
    "Weren't you with Ethel DINGLE three nights before that double marriage was to take place?"
    "Yes."
    "Did GRANT tell you about Ethel?"
    "He told me he wouldn't marry her."
    "And didn't you tell her that GRANT had told you he wouldn't marry her?'
    "No, sir."
    Witness said he told Ethel that GRANT was "double crossing her" and didn't intend to marry her. This was in direct contradiction to his previous testimony.
    "What did Ethel tell you when you told her GRANT was 'double crossing her?"
    "I don't remember."
     "Did Ethel tell you she expected to be married with her sister?"
     "Yes."
     "You thought, of course, that you were doing a proper thing when you took Ethel out two or three days before the double marriage?"
     "I didn't think there would be any double wedding."
     "Didn't you say, 'Ethel, you're joking with me; there isn't going to be any double wedding?"
    "I did not."
                                              GRANT'S DEEP RESPECT
     Then Dr. George H. GRANT was called and passed to the witness box under a fire of curious glances.
    Mr. RAINES:  "You are the Dr. GRANT mentioned in this case?"
    "I believe I am."
    "You were subpoenaed to produce all letters you may have in your possession written to you by Ethel DINGLE?"
     "I was."
     "Have you those letters with you?'
     "I have."
     "Produce them."
     Dr. GRANT:  "May I say a word?"
     The Court:  "You may."
     Dr. GRANT arose and said:
     "This package contains letters that are dear to me, as they are from a lady whom I deeply respected. It is with the deepest feeling of regret that I produce these letters to be made public."
     Mr. RAINES:  "Must we listen to much more of this?'
     The Court:  "Anything in the letters that should not be revealed the Court will keep out."
     Dr. GRANT extended the package to Mr. RAINES, saying, Take them.
     Mr. RAINES:  "I do not care for them. Give them to the clerk."
     Dr. GRANT did so and Mr. RAINES asked,
     "Are these all?'
     Dr. GRANT:  "No, I gave some to the District-Attorney."
     Dr. GRANT will be on the stand again this morning, and will be examined at length. 
----<>----
SEVENTEENTH ANNIVERSARY
 
The seventeenth anniversary of Clan McNAUGHTON, No. 23, Order of Scottish Clans, was held last night in their rooms in the Durand building. The celebration was also the occasion of the official visit of Peter KEER, of Boston, royal secretary of the Clan, who is on his way to Cleveland to arrange for the biennial convention to be held there in August. The evening's programme was made up of vocal and instrumental selections and recitations. Mr. KEER also made a few remarks.
----<>----
Attorney Louis E. LAZARUS has returned from New York and will resume the practice of law with offices at Nos. 694-696 Powers Building.
Rochester, Monroe, NY
Democrat & Chronicle
Sat May 9, 1903
 
KENT AND ATTORNEY BOTH ON THE STAND
 
Little Progress Made in Examination of Defendant
Court Adjourned Soon After He Was Called --
Told of Boyhood, Fraternity Affairs and First Meeting With Ethel Dingle-
Mr. Raines Explains Incident of Taking Possession of the Trunk and Its Contents-
Testimony of Dr. Acheson Regarding Dead Girl's Condition When She Was at
At Mary's Hospital - Her Mental Condition Described.
 
    The feature of yesterday's session of the KENT manslaughter trial was the admission in evidence of statements alleged to have been made by Ethel B. DINGLE to Dr. John H. ACHESON, who treated her for peritonitis at St. Mary's Hospital in this city shortly before the tragedy. The testimony was most important, containing Miss DINGLE's story of her seduction while under the influence of liquor and her repeated threats of suicide. It was admitted, after a sharp conflict between counsel, as bearing on the girl's mental condition.
     George RAINES took the stand to tell the story of the trunk and its contents taken by his office staff from the room where KENT and Miss DINGLE stayed in Buffalo as Mr. and Mrs. CROSBY. Mr. WARREN made it particularly unpleasant for his opponent on cross-examination. Attorney Harlan W. RIPPY, Mr. RAINE's managing clerk, followed his chief on the stand and testified about the same transaction.
     Leland Dorr KENT took the stand late in the afternoon and told of the chapter house deal of the Saturday of the tragedy, which business he was to complete on the following Monday. Mr. RAINES brought out the fact that the defendant is and has been a constant reader of the Democrat and Chronicle. It is possible that this will be used later to show that KENT was in the automatic state on which the defense lays so much stress when he asked for a Democrat and Chronicle and bought one coming down in the Whitcomb House elevator that Sunday morning in the custody of the Homeopathic Hospital surgeons and the police.
     KENT will be on the stand during the half-day session this forenoon and probably all day Monday. The evidence, rebuttal and all may be gotten in by Wednesday night and the case with the jury before Sunday. The trial continues to draw crowds of the morbidly curious to the court room, despite the G_mpish character of the medical testimony. Some of the women spectators carry their luncheon, eat it in the toilet rooms of the Court House during the noon recess and struggle with the "taxpayers" for places well up in the line at the opening of court.
                                                          ETHEL'S MENTAL CONDITION
     When the afternoon session opened Judge SUTHERLAND said:  "I think I must admit Miss DINGLE's statements to Dr. ACHESON as bearing on her mental condition."
     Dr. ACHESON was then re-called by Mr. RAINES. He was a good witness and his testimony was not interrupted by the District-Attorney except when this evidence verged on the incompetent.
     "Continue the account of what was said and done on the third day," said Mr. RAINES.
     "When I saw her at the hospital she told me again of being hounded and pursued by people in Buffalo. I told her not to despair, that other people had had trouble and lived it down. Then I went on to ask about her case. I advised an operation.
     "'If I thought I should die on the table,' she said, 'I would say operate at once.'
     "The following day I found her in the same condition, crying and sobbing. She went more into the details of her trouble. She said she had been engaged to be married on the same date as her sister Mabel, but it had been broken off.'
     "She said she had been out with the man one evening drinking highballs and that while she was under the influence of liquor he had seduced her. The next day, she said, she was disgusted with the man and broke off the engagement. She said that was one of her reasons for not wishing to live. She would prefer death to living in the torment she was in. I told her she was foolish, one so young, to talk that way. She could yet achieve success as a nurse. She said it was no use. That she had tried it and tried it over and over again. That everyone was against her."
     "Did she say anything about the defendant?"
     "She said she was lonesome for Lee KENT. I told her if she wished I would send for him. One day about the middle of the time of treatment I found her in cheerful spirits. She said she had had either a letter, or a telegram from Lee and knew he was coming. There was no message sent to him that I knew of.
     "The fifth and sixth days were repetitions of the third and fourth. There was an occasion on the evening of the fifth day, when I was in the hospital and tapped at the door of her room.
                                                                   MADE HER HYSTERICAL
     "I stood near the door talking to her. Some man wandered down the hall, evidently intoxicated. He stepped inside and waved his hand and said, 'Good night, Maggie, I hope you'll soon be well.' I closed the door and followed him down the hall and told the night sitter, who had the man put out.
     "When I got back to the room she was hysterical and out of bed. She said, 'Oh, who was that man? What did he want? Was he after me?' It required the combined efforts of the night sitter and myself to quiet her."
     "How long did these conversations last?"
     "About three-quarters of an hour."
     "Did she say anything to account for her fear of the man?"
     "She said she didn't want the man she was engaged to to find her at the hospital, as he wouldn't spare money to get down here and trouble her."
     "What was said about her going away?'
     "I told her that so long as she was not going to be operated on it would be a good thing for her to go to some quiet place and rest up. She told me that she thought of going to Dundas, Canada, to a relative there; that she would be secluded there and nobody could find her."
     "What further conversation did you have about her condition?"
     "On the second last day, the sixth day of the treatment. I told her as she worried as much about Lee not being there that she had better go where he was. As she was not going to be operated on, I said, I could do nothing further for her. I suggested calling in another physician for consultation. She would not listen to it."
     "What did you say to KENT about her condition?"
                                                              A VISIT FROM KENT
     "On the seventh day Lee came. I took him to one side and told him it was no use of her staying at the hospital any longer. That nothing could be done for her medically and she wouldn't hear of an operation. I suggested another physician's name. Mr. KENT said he would talk to her about it and let me know what would be done."
     "Did you hear from him again?'
     "Yes. He telephoned me that they were going to Buffalo and wanted me to meet them at the depot. That was at 3 o'clock, September 2d. They drove up as I got off my wheel at the depot. She told me she had left her glasses at the hospital and to send them on to Lee."
     "Have you had anything further to do with the parties?'
     "Nothing except that I received a letter from Lee dated the 6th of September, which I believe you have. That note was torn in two pieces. The emblem of a medical society at the top had been torn off. The letter was in response to one of mine asking 'how is our patient?'  It said 'Ethel is O. K. She has no pain and is feeling fine as a lark.'
    "At the time you treated her were there any abrasions or discolorations on her face?'
     "There were not."
     "You were at the post-mortem during at least part of it?"
     "I was. I was interested in it on account of my diagnosis of the case. I caused the affected parts to be taken from her body. Dr. JOHNSON removed the parts. They were cut longitudinally to enable us to see the tissues within. The right ovary was twice the normal size. Both were cystic. The condition made the removal of the right ovary proper surgical treatment."
     "What is the pain arising from such a condition?"
     "The pain is one of the most acute a woman can suffer."
     "What is its effect upon the temperament?'
     "it is one of the most prevalent causes of depression in a female."
     "How is it in a person unusually sensitive to pain?'
     "In one unduly sensitive to pain, the pain would be intensified."
                                                                   QUESTION BY WARREN
     District-Attorney WARREN took Dr. ACHESON for cross-examination, and went at great length into the witness's testimony at the inquest and before the Grand Jury, inferring that he had not volunteered evidence favorable to the defense which he now gave. Dr. ACHESON asseverated that he had not yet made up his mind as to the cause of Miss DINGLE's trouble, although he had come to the conclusion, at the time she told him of her condition, that she had been suffering from a venereal disease. Nothing to indicate such disease was found at the post-mortem, he admitted.
     Portions of the Grand Jury minutes were read by Mr. WARREN, and the witness declared in many instances that they were incorrect and gave his exact language.
     "Did you know Miss DINGLE's name when you were treating her?" asked Mr. WARREN.
     "Not at first."
     "When did you find out her right name?"
     name?" card fell out of a book where it had been used to mark a place, and I read the name in picking it up. Then she told me that Ethel DINGLE was her right name."
    "Why didn't you tell before about your conclusion as to her having the disease?"
    "I wasn't asked before."
    "Didn't you tell Mr. MATSON she hadn't it?"
    "No, sir. I wasn't asked."
    "Did you tell KENT of the girl talking of suicide?"
     "I did.  The day I left."
     "What was that letter you received?'
    "It was given Mr. RAINES at the inquest. I thought you saw it; that he gave it to you."
    Mr. WARREN declared he never saw it. Mr. RAINES thought differently, but would look it up.
    "Can you remember the substance of it?"
    "I ended 'Ethel is O. K.  Has no pain and is feeling fine as a lark.'"
    "That letter reached you Saturday morning, September 13th, the morning of the homicide?"
    "Yes, sir."
    "Did you notice the date stamped on the envelope?'
    "No."
     "It might have been of importance to do so," commented the District-Attorney.
    "He has said the letter was dated the 11th," said Mr. RAINES.  "I may have that letter. I never thought of it until you called my attention to it."
                                                                  GAVE NAMES READILY
     "Did you give the girl's name to Coroner KILLIP that Sunday only with considerable hesitation," resumed Mr. WARREN.
    "No, sir. i gave both names at once. He sent for me to come and attend an autopsy at the morgue. I said 'It looks like a girl I treated. If it is she, her name is Ethel DINGLE."
    "Did you tell him about KENT?'
    "I think I told him KENT was the man who brought her to the hospital here."
    A recess was taken during which Mr. RAINES went over to his office in the Powers building to look for the letter. On his return he stated to the Court that he would have to make a further search after adjournment. Then counsel took his witness and went over Dr. ACHESON's Grand Jury evidence with him.
    Dr. ACHESON made a great many corrections in the Grand Jury minutes. He said he had not been asked before either the Grand Jury or the Coroner whether Ethel DINGLE had told him of the nature of her Buffalo troubles. Witness had not refused to answer any question on any of the examinations he had been subjected to nor withheld any detail the questions seemed to call for.
     Answering Mr. WARREN, the witness said he had seen VILLIAUME at the hospital, not at the morgue, the Sunday of the tragedy, and had not sent for him to Buffalo. The District-Attorney was smilingly, derisive of Dr. ACHESON's account of the interview with MATSON, at which he was also present, and tried to make the witness admit that he had on that occasion aired his knowledge of venereal disease. Dr. ACHESON was finally dismissed.
                                                         THE DEFENDANT CALLED
     "KENT," called Mr. RAINES, and there was a flutter of expectancy among the spectators. The defendant's youth and good looks and his engaging manner make him an interesting witness, and his testimony was followed with deep interest by Court and jury.
     "What was your age on September 13th last?" asked Mr. RAINES.
    "I was 22 on February 21, 1902. In answer to his attorney's questions, KENT testified:
    "I was born in Macedon, Wayne county. I lived there until I was about 8. The folks then went to Walworth. The household last year consisted of my father, mother, my wife and baby and myself. I was married in Wayne county on March 2, 1899. The family moved to Buffalo in August, 1899, I think it was, because it was more convenient all around that we should live there during my college course. I attended the University of Buffalo. My education up to entering there was obtained in the Palmyra High School. It was while I was in the High School that I got married."
     "What business, if any, have you engaged in in Buffalo?"
     "None in Buffalo."
     "There has been some suggestion here of your being a street car conductor."
     "That was in the vacation that began May 1st, at the close of the school year in 1899. I worked as a conductor on the Niagara street line until about September 1st. Then I went back to my studies."
     "When did you work again?"
     "The following spring I worked again on the Niagara street line until about the 1st of June. Then I went out to the Pan-American and was a ticket taker there until about September 1st. That is all the employment in an earning capacity I have had up to the time of this occurrence."
     "How old is your child?"
     "Two last October. It is a boy. I have never lived away from home except temporarily, to go on trips. My father's business in 1902, though he worked for a Buffalo firm, took him through New York and Eastern states mostly. Sometimes he would get home once a month, sometimes once in three months.
     "What were your hours at school?'
     "From 8 to 12:30 and 2 to 6. The time was taken up with lectures, demonstrations, laboratory work and clinics. I became connected with the college fraternity Beta Upsilon Phd. It has branches in other institutions of learning."
                                        HIS FRATERNITY AFFAIRS
     "What office did you hold in it?"
     "Senior master."
     "Did you have to do with the fraternity's business affairs?'
     "I was at the head of all business affairs."
     "What did you have to do with the leasing of the new chapter house?'
     "That was left in my charge."  KENT then described the work he had done for the fraternity during the week of Saturday, September 13th, last. He had to write to every member of the society and enlist aid in getting the house ready for occupancy on the 25th; had to clean the house when found; had to collect back dues and, principally, had to find a suitable house, which he did. He worked on this transaction more or less every day that week, commencing Monday.
     "And you were on that business Saturday?"
     "From about 10 o'clock to 1 Saturday forenoon."  He described the transaction whereby he, Dr. BIXBY and O'GORMAN, got the lease of the coveted house from Mr. SIBLEY, the owner, over Agent MEDCALF's head.
     "SIBLEY decided to let me have it," said the witness.  "He ordered his clerk, ARMSTRONG, to draw up the lease. He was to mail it to us Monday. Mr. SIBLEY gave me an order to see a paperhanger. I think it was on Grant street. I told Dr. BIXBY that I would find a woman to clean the house. Mr. O'GORMAN was to meet us Monday to attend to the cleaning of the house."
     "Will you give me the papers that were taken from Mr. KENT at the time of the coroner's arrest of him," asked Mr. RAINES of the District-Attorney, Assistant MATSON turned over the bundle to the defense, and KENT picked out the order to the paperhanger and identified Mr. SIBLEY's handwriting. The order, calling for the display of wall paper samples to Mr. KENT, was offered in evidence and read to the jury.
     "I would like to look through those papers some time to see if there is anything in them I want," remarked Mr. RAINES. Mr. WARREN smiled scornfully.
     "All these letters are answers to mine about the fraternity house business," said KENT, still inspecting the packet. Mr. RAINES continued his examination.
     "Did you do any work during the summer?"
     "Yes.  VILLIAUME and I studied up for state board examinations in physiology, chemistry and other branches."
                                              FIRST MEETING WITH ETHEL
     "When did you first come into contact with Ethel B. DINGLE?"
     "I think it was June 19th, at the Riverside Hospital. Dr. WEED called me up on the phone and asked me to take his work while he was on his vacation. I had been at the hospital at different times prior to that."
     "What do you know about the Rochester City Hospital?"
     "My sister was a graduate nurse of the Rochester City Hospital. I have been there a great many times to see her, and have been through the hospital. She graduated about two years ago."
     "What paper did you read when you lived in Wayne county?"
     "I had access to the Democrat and Chronicle. I used to hang out at a news store, Hislop's, where they got the Chronicle the first thing in the morning."
     "And in Buffalo did you get the Chronicle?"
     "After we went to Buffalo. I used to buy the Democrat and Chronicle at the corner of Niagara and Main, two or three times a week, to get the Wayne county news. It is about the only Rochester paper you can get there."
     "So in those days you and the Democrat and Chronicle were good friends; well acquainted with each other?"
     "Yes, sir."
     "Tell us how you first came into contact with Ethel."
     "I think it was June 19th that I went to the Riverside Hospital. Dr. WEED took me through each room and introduced me to all the people of the hospital and a number of the patients. He showed me the work and we went up into the operating room."
     "What were your duties?"
     "The ordinary duties of an interne. He attends to the orders given by the visiting doctors and treats their patients according to what they leave for him to do. He attends to the patients in their absence."
     "Do you recollect your first meeting with Ethel?"
    "Yes. Dr. WEED introduced me to her. She was sitting at the table at the head of the stairs on the second floor. She was the head nurse on that floor and was making out reports."
                                                      REGARDING KENT'S HABITS
    "There has been talk here of your using from two to four boxes of cigarettes a day. What are the facts about your use of cigarettes?"
     "I use both cigarettes and cigars, but I have never consumed more than two to three boxes a week, and I gave away a great many cigarettes out of that amount. I don't recollect making the statement to anybody that I used the number of cigarettes you referred to."
     Previous to the week of this occurrence what was the fact about your use of liquor?"
     "I used liquor moderately. I went out with the boys in the college occasionally, not habitually. We used to drop in at a place over across the road from the college where there was a bowling alley and we would bowl a game or two and drink beer. At the beginning and close of the college term we usually went out and did some drinking."
    "You just drank moderately," said Mr. RAINES, "like a college boy, ah?"
    "What!"  demanded Mr. WARREN, Mr. WARREN, stacc_to.
    "He drank like a college boy," explained counsel for the defense, moderately."
    "It doesn't follow," replied the District-Attorney contemptuously.
    "How soon after you entered Riverside did you come into contact with Ethel's physical condition?" asked Mr. RAINES.
    "On the night of July 6th, she came over to me in a bath robe. She was suffering from a neuralgic condition of the entire left side. I sent her to bed and ordered a nurse to give her an alcohol bath and administered a quarter of a grain of morphine. For three or four days after she took salicylate of soda."
    "From that time on what treatment, if any, did you give her?"
    "On the statements she made to me I advised her to take hot douches night and morning and gave her a two-ounce bottle of carbolic acid to use in the douches."
    "I can't go any further now, your Honor," said Mr. RAINES, without that big bundle of mine. It was forgotten this afternoon." Adjournment was taken until this forenoon. It will be a half-day session.
                                                           DR. ACHESON CALLED
     Dr. ACHESON was the first witness called yesterday morning. He graduated from the University of Buffalo, in 1900, and became acquainted with KENT there. They were freshman and senior but members of the same fraternity, the society of youths around which such a mantle of secrecy has been thrown throughout the case. Dr. ACHESON is practicing here and was employed by the city during the smallpox epidemic. He saw the defendant once from the time of his graduation to August last.
    "On the 26th of August I received a telephone message from KENT, saying he had a patient for me."  Witness went to the Whitcomb House and talked with KENT, and it was decided to send the girl to St. Mary's Hospital.  "KENT and she went there about 10:30 A. M. A nurse prepared the girl for examination. I discovered on examination that she was suffering from conditions described under the general term of peritonitis. I prescribed absolute rest and hot baths once a day. Mr. KENT remained there during the examination. I saw him again two or three days later at the hospital and also on the 2d of September."
     "When did you commence to talk with Ethel DINGLE?"
     "The first day I got into conversation with her. She said she was lonesome and began to tell her troubles. She said she was born in Hamilton, Canada, and, as I happened to have been born there myself, we soon got into conversation. She explained her depression by saying she had a great deal of trouble, and there were people she didn't want to know where she was, as they would make trouble for her. She didn't want her sister Mabel to find out where she was."
     "Give us the conversation," said Mr. RAINES.
     "It is a question here to what extent this witness should be permitted to reveal professional secrets," interposed Judge SUTHERLAND.  "Unless there is some controlling reason I think it is the duty of the Court to intervene. I don't want to keep out anything of importance, but I have another duty to perform, to protect professional secrets."
    "We will show that the main subject of the conversation was suicide,"  protested Mr. RAINES.  "In the PIERSON case it was held that a physician is not prohibited from revealing professional secrets when the evidence bears upon the cause of death."
     After further discussion decision on the point was postponed until after, and Dr. ACHESON excused.
                                                             RAINES ON THE STAND
    Mr. RAINES took the stand and told of the trunk incident. On the evening of Monday ensuing upon the Whitcomb House homicide, or early the next morning, I was retained in the case. I had just returned from Bath. I was informed that there was at No. 435 Niagara street, Buffalo, a trunk containing things belonging to KENT, particularly a bank book, a check book and other things. I directed my managing clerk, Mr. RIPPEY to procure an order from Mr. KENT and go to the house and get the trunk. I asked Mr. VILLIAUME to introduce Mr. RIPPEY. The trunk came here by express the next day, and I directed Mr. RIPPEY to place his initials and the date on each article taken from the trunk and he did so.
     "I have in court here every article taken from that trunk. Subsequently, nobody asking me for the trunk, I sent it to Lorenzo VAN ALLEN. The first seven articles taken from the trunk consisted of a box or boxes containing various bottles and preparations. There was KENT's bank book, checks and vouchers. There was a bottle of tablets and a letter to CROSBY of the date of September 11th. There was the diary or red memorandum book produced in court. There was a package containing Dr. GRANT's letters which have all been used here. Articles marked 13 to 41 are a miscellaneous lot of pictures, including views in Toronto and a menu card. There was a box containing blue envelopes.
     "The 'I am in Hell' letter lay by itself on top of the trunk. I found it first and marked it with my own initials. There was a letter that seemed to have been placed in a box by itself. It was to Miss E. J. CLARK, East Hartford, Conn., and had not been mailed. There was the letter in evidence dated July 10th. There was also a letter from Miss E. J. CLARK dated July 12, 1902, and a letter of July 30, 1902, which I ask to be marked for identification."
                                                    INTERROGATED BY WARREN
    "You didn't offer to let me have the trunk, did you," demanded Mr. WARREN, commencing his cross-examination.
     "I did not. You didn't ask me for it."
     "How long did you have the trunk?"
     "I cannot say."
     "Was it a month or six months?"
     "I would refuse to state between one and two months."
     "Wouldn't you put the date at three months?"
     "I wouldn't state between one and three months."
     "Who had access to the trunk beside yourself?"
     "Nobody."
     "Didn't VILLIAUME and RIPPEY have access to the trunk?"
     "They did not. The trunk was in my private closet."
     "Do you mean to say that Mr. RIPPEY never had the key to that trunk?"
     "I do, sir. The keys were given to me."
     "But KENT, Sr., signed the receipt, didn't he?"
     "He did."
     "Didn't you say, Mr. RAINES, to the Coroner that there were keys there to a trunk belonging to this defendant?"
     "I did not."
     "You said you gave the order to Mr. RIPPEY to get this trunk. Up to that time hadn't you been informed that the trunk belonged to Ethel DINGLE?"
     I knew that his right and hers was the same to the contents of the trunk."
     "How did you know of the existence of a letter from Mrs. McPHERSON to Ethel?"
                                                              MADE A GOOD GUESS
     "I got that letter, Mr. WARREN, out of my own head. I was reaching out to find something from the witness, and invented this letter, and as it happened I hit it right."
     "Where are all the packages?"
     "In a large parcel I have brought into court."
     "Did you find scraps of paper there?"
     "Yes, some small ones."
     "Did you find any letters in the trunk written from the defendant to Ethel?"
     "I did not."
     "You say there was a letter addressed to CROSBY?"
     "Yes, sir. I intend to offer that during the examination of Mr. KENT."
     "At the inquest you found out that the trunk belonged to Miss DINGLE?"
     "My information always was that it was a trunk used by Miss DINGLE, but whether it was hers or not I didn't know."
     "From the time the trunk came into my possession," said he,  "I regarded myself as personally responsible for it and to deliver it to anybody entitled to it."
     "You didn't offer to give it to anybody, did you?"
     Mr. RAINES did not answer.
                                                                 ENTER MR. RIPPEY
     Harlan W. RIPPEY, managing clerk for Mr. RAINES, then testified. He said Mr. RAINES told him to get the contents of the trunk, or the trunk itself. While in the Hutchinson House, Buffalo, he saw torn pieces of paper in a dresser drawer.
     "I told VILLIAUME to take them," said the witness.  "There was about a handful of them. He thereafter, delivered them to me."
     Mr. RIPPEY showed the torn pieces of paper in court. He subsequently put them together and had a copy made of them. There were three complete letters and envelopes to match.
     Mr. RAINES offered the letters in evidence.
     "I object, your Honor," said Mr. WARREN. "There is a link missing. This man VILLIAUME has not been produced. He had the piece in his pocket over night."
     The objection was later withdrawn.
     Mr. RIPPEY described the opening of the trunk.
     "Since that time have you had access to any of the articles?" asked Mr. RAINES.
     "I have not."
     The defendant, said Mr. RIPPEY, first told him of the trunk. He went to Buffalo and asked Mrs. HUTCHINSON to see the trunk.
     "Did you recall VILLIAUME showing Mrs. HUTCHINSON an order which he said was from the coroner for the trunk?"
                                                        NOT CORONER'S ORDER
     It was objected to, and Judge SUTHERLAND said the District-Attorney could cross-examine on this point.
     Witness denied that VILLIAUME did this.
     "VILLIAUME handed her a subpoena from the coroner," said the witness.
     "What was his object in showing her the subpoena?" asked Mr. WARREN.
     "He said to Mrs. HUTCHINSON that he had been subpoenaed to appear before the coroner, and that it was important to see the trunk."
     "And you swear VILLIAUME didn't tell her the subpoena was an order from the coroner?"
     "I do swear."
     "Did you try to break it open?"
     "I asked Mrs. HUTCHINSON if she had a screw driver. She brought one. Then I tried to pry it a little, but didn't succeed."
      Witness said they waited until HUTCHINSON came before they got the trunk. Then he paid the back room rent and got the trunk.
     "Didn't they tell you you couldn't have the trunk until the room rent was paid?"
     "They did not."
     'How long did VILLIAUME stay here?"
     "Just a few minutes."
     Mr. RIPPEY produced the subpoena that VILLIAUME flashed on Mrs. HUTCHINSON. It was received in evidence. Mr. RIPPEY was then excused.

----<>----

DIED
 
VIEHMANN - Friday night, May 8, 1903, at 47 Lowell street, Emilie C. VIEHMANN, aged 26 years and 3 months. There survive her four sisters, Mrs. Henry HIEB, Mrs. Joseph MATTEM, of West Rush, Lillie and Emma, and four brothers, John, William, Joseph and Frederick.
-Notice of funeral hereafter. 
 
ADWEN - In this city, at his residence, No. 5 Adwen place, Stephen W. ADWEN, aged 70 years, 5 months.
-Funeral from the house Saturday afternoon at 2:30. Burial private.
 
CURTICE - At her home, No. 17 North Goodman street, Friday, May 8, 1903, Miss De_e CURTICE, sister of S. G. and E. N. CURTICE, of this city. She leaves besides her two brothers, one sister, Mrs. A. B. WOLCOTT, also of this city.
-Notice of funeral hereafter.  
 
SCHROTH - In this city, at the residence of his daughter, Mrs. T. E. ATKIN, No. 157 Tremont street, Friday, May 8, 1903, Charles SCHROTH. He is survived by three daughters and one son, Mrs. T. E. ATKIN, Mrs. William BAKER, Miss Bertha SCHROTH and Frederick C. SCHROTH.
-Funeral from house, Sunday afternoon at 3 o'clock.
 
DOWDEN - At his residence, No. 131 Sherman street, Friday evening, May 8, 1903, George H. DOWDEN, Jr., aged 38 years. He is survived by his wife, two sons and one daughter; also his parents, two sisters and one brother.
-Funeral services will be held Monday at 2 o'clock from the house, and 2:30 o'clock from the Grace Presbyterian Church on Lyell avenue. Services at the house will be private.
 
YOUNGBLUT - At his house, No. 72 Caroline street, this city, Friday, May 8, 1903, William YOUNGBLUT, aged 65 years. He is survived by his wife, three sons, John, William and George YOUNGBLUT, and six daughters, Mrs. F. W. JONES, Mrs. E. ECKHART, of Albany; Mrs. C. KNAUSS, of Buffalo, and Misses Minnie, Charlotte and Bertha YOUNGBLUT.
-Funeral strictly private; kindly omit flowers. Burial will be at Albany, N. Y.
 
YOUNG - At the residence of his parents, No. 50 Oakland street, this city, Thursday, May 7, 1903, William, son of Carl and Christina YOUNG, aged 28 years. He leaves his parents, two brothers and four sisters.
-Funeral Sunday afternoon at 2 o'clock at the house, and 2:30 o'clock at the Second German Baptist Church, corner S. Clinton and Meigs streets.
 
CULLINAN - At the family residence in this city, No. 32 Avenue B, St. Paul street, Friday, May 8, 1903, Mortimer J. CULLINAN, Jr., infant son of Mortimer J. and Catharine E. CULLINAN, aged 2 months.
-Funeral Monday morning at 9 o'clock from the house.
----<>----
GRADUATE ADDRESSES STUDENT
 
The Rev. Winfield SCOTT, a graduate of the university in the class of 1859, made a brief address to the students at the morning session yesterday. Mr. SCOTT has been stationed in the West for a number of years as a chaplin in the army. He compared college training with army discipline and said that the man who brings things to pass wins the victories.
Rochester, Monroe, NY
Democrat & Chronicle
Wed May 13, 1903
 
 
EVIDENCE OF DEFENSE CONCLUDED YESTERDAY
 
Raines Reserved Right to Call Two More Witnesses.
But District-Attorney Opened Rebuttal and Counsel
Will Probably begin Summing Up To-morrow.
Kent on the Rack Again Yesterday While Mr. Warren
Fired Hot Shot at Him --
Little Doubt But What Ethel Was Right-Handed-
Came to Rochester in Hopes Things Would be "Squared"
at Buffalo - Mrs. Kent's Sister Testifies.
 
The KENT trial is rapidly drawing to a close. The evidence will be all presented before noon to-day it is expected. Judge SUTHERLAND stated yesterday afternoon that he should not place any time limit on the opposing attorneys in summing up, except that he should expect them to finish their addresses before one week elapsed. The opposing counsel will probably occupy three days in reviewing the evidence. It is possible that the case will get to the jury on Saturday afternoon, but it is more likely that the Judge's charge will be delivered on Monday morning.
     Mr. RAINES closed the case for the defense yesterday afternoon, about 4 o'clock; reserving the right, however, to call two more witnesses this morning. One of these witnesses, Lorenzo VAN ALLEN, of Buffalo, was brought here last evening from that city, on an attachment issued by Judge SUTHERLAND because of Mr. RAINES's inability to get him on a subpoena. Mr. VAN ALLEN and a handwriting expert who will be called to prove that Dr. GRANT wrote the "I am in hell" letter, which he testified that he could not remember writing will complete the case for the defense.
     Mr. WARREN took up the rebuttal evidence yesterday afternoon and will be able he thinks, to finish it before noon to-day, although it may take the entire day.
     The usual crowd of women was present at the trial yesterday to see and hear KENT while on the stand under the fire of District-Attorney WARREN's questions. Mr. WARREN brought out the fact that KENT made the statement in a letter left in the room at the Whitcomb House, that the matter was prearranged. He said when asked what he meant by prearranged, "it means what I have said; Ethel was planing to kill herself and I expected if she did so to kill myself. That is what I meant by prearranged."
                                                    KNEW ETHEL WAS RIGHT-HANDED
     The testimony of Martha STOWELL, a nurse at Riverside Hospital settled conclusively the fact that Miss DINGLE was right-handed. She testified that miss DINGLE always used her right hand for ordinary work and that she wrote and used a needle with her right hand. She did not know that the dead girl had any unusual facility with her left hand. She had worked under Miss DINGLE on the same floor. She and Miss DINGLE prepared patients for operations. Once she saw Ethel come out of a patient's room carrying a razor. She carried it in her right hand.
    When court opened yesterday morning, Mr. WARREN resumed the cross-examination of the defendant. He got the witness to admit that both he and the dead girl left Buffalo without a change of clothing and that when she said she wanted her trunk sent to her sister, he believed she intended to commit suicide.
     "Do you remember opening a bureau drawer when you were home that night?" asked Mr. WARREN.
     "No, sir."
     "You went home to get your suit case?'
     "No, sir."
     "You didn't go there to see your wife?"
     "I intended to speak to her."
     "The minute you saw your suit case wasn't there you said:  'It's all up. I won't take anything along?'
     "I didn't say any such thing."
     "Up to that time had anything been said about packing a trunk?"
     "Yes. When I left I told Ethel to pack it."
     "How long did it take to pack the trunk?"
     "About an hour."
     "What clothes of yours went into the trunk?"
                                  DIDN'T PACK CLOTHING
     "None of my clothes, but my bank book and some other things went in."
     "That's all of yours that went in?"
     "Yes, sir."
     "What bank book was it you put in?"
     "The Fidelity and Trust."
     "Which one was it you looked for at your house?"
     "The Syracuse bank book."
     "You had no ownership in the trunk?"
     "I did not."
     "And when you sent the order for the trunk 'belonging to Ethel and me' you said something that was not so?"
     "I did."
     "After you returned from Toronto, did Ethel stay with you in the office all night?"
     "Yes, sir."
     Mr. WARREN cross-examined KENT as to the visit in Gragan's shoe store on August 22nd, the day before Miss DINGLE left the hospital.
     "Did you start out with Miss STOWELL and Miss DINGLE?"
    "I did."
     "Do you recall asking them if you could walk with them and their refusing you?"
     "I recall a different statement. I asked them if I would go back to the hospital with them, and Ethel said I'd better not, as Dr. RANDALL might see us."
     "Did you say to Miss STOWELL, 'Good by, this is probably the last time you will see me?"
     "No, sir; indeed I didn't."
     "And didn't she reply, 'You don't look like a man who was going to die right away?"
     "Indeed she did not."
     "Then nothing of that kind was said either in jest or earnest?"
     "It was not."
                                                      HIS FRUITLESS INTENTION
     Witness said that after they took the 11:30 train to Rochester he changed the seat in front so that they had a double seat.
     "Now KENT, from things she said in the room before leaving Buffalo, didn't you know she meant to kill herself?"
     "When I wrote that I had two main thoughts in my mind; one was to get her out of Buffalo and the other was to get her mind off of suicide."
     "But Ethel said she wanted Eva to have the contents of the trunk?"
     "She dif."
     "So you must have come to the conclusion that as she was putting her clothes in the trunk for Eva she was intending to end her life?"
     "I thought she had the subject of suicide in her mind."
     "If she killed herself and did a good job then you were to die, too?"
     "I had in mind that if Ethel committed suicide there was nothing left for me to do but kill myself."
     Mr. WARREN repeated the question and got this answer:
     "Now, Mr. WARREN, I was going to do everything in my power to prevent her, and did do everything, but I had it in my mind that if she killed herself I would have to die, too."
     "You said nothing to her about this conclusion before you left Buffalo?"
     "I said nothing."
     "When you went into the smoker, did you say to her what you were going there for?"
     "I did not."
                                                       DIDN'T THINK OF POISON
     "Didn't you have any thought when you left Ethel that she might have a bottle of poison and kill herself on the car?"
     "I did not."
     "How did you come to have paper?"
     "When I left the room I pushed some letter paper in my pocket."
     "What did you mean when you said: 'All that has happened is due to me?"
     "I meant that I had no right to go with the girl."
     "But what did you mean?  Tell me," exclaimed Mr. WARREN.
     "I certainly loved that girl, and I didn't want any blame to attach to her."
     "KENT, you were trying to tell the truth to your father, and when you said 'Don't think ill of her, for all that has happened is due to me and me alone, you told the truth, 'didn't you?"
     "I did."
     "What did you mean when you said: 'If I had my Syracuse check books I could close the mouths of a few who will expose all to-morrow?'
     "I meant if I had the check books I could hurry there, give him a good time and square things."
     'You were going to buy Harry, were you?"
     "I didn't say that."
     "You say you would be able to square things with a few people. What did you mean by that?"
                                                    WANTED TO SQUARE THINGS
     "Through Harry I thought I could square things with the rest of the family."
     "What was your plan?"
     "I believed if I could get Harry to Buffalo, it wouldn't be necessary to come to Rochester."
     "Why didn't you stay in Buffalo and wait for Harry there?"
     "The minute we left Eva, Ethel began talking about suicide."
     "Now, KENT, wasn't one of your reasons for getting away from Buffalo that you were afraid of Harry?"
     "Ethel said if Harry did come it wouldn't be any use."
     "Did you say to Ethel:  'Let's wait right here. It can be fixed up with Harry?"
     "I did not."
     "You took a cab from the station to the Whitcomb House?'
     "Yes, sir."
     "You had stopped being economical?'
     "It was pretty cold that night.'
     "You were spending money pretty fast for a young man who had only $16 when he started from Buffalo?"
     "I knew I could get money. I could have got $1,500 the next day."
     "Why didn't you get money from this source then instead of pawning your watch?"
     "In the first place, I didn't want to open up my Syracuse account, for I had started it when I was young, and I knew if I started the account I would draw it all out."
      Witness described the manner in which the letters were written in the room. He said they talked about the letters while they were writing.
                                                         TOOK HER AT HER WORD
     "Had you decided that Miss DINGLE wasn't going to die when she told you she was going to bed?'
     "I took her at her word, as I always had."
     "I remember Miss DINGLE in bed with the blood beside her," said he, "that's the last I remember."
     "Do you recall saying there'll be a hell of a time out of this.
     "I do not."
     "You don't remember the statement you made to the coroner?"
     "I don't."
     "Did you get your razor out of the drawer at your house?'  asked Mr. WARREN.
     "I did not."
     "Sure it wasn't there when you went to the dresser?'
     KENT said he had only $7 in the Fidelity Trust Company. His check book, showing that he had $1,578.76 in the Syracuse bank at the time of the tragedy, was shown witness.
     "I gave my father a check for that sum," said the witness.  "I gave him the check the day after at the hospital."
     This ended the cross-examination.

                                                                 THE LIVINGSTON CARD PARTY

     Mr. RAINES then asked the witness:  "On Friday evening did you have a bottle of beer in Mrs. BRACKIN's room?'
     "I believe they were drinking beer that night when I got there."
     The defendant said that one of the party when he got there was a reporter for a Buffalo newspaper, who will be called to testify later.
     KENT said his room was No. 210, his father's No. 212 and Mrs. BRACKIN's was No. 214.
     The defendant said that on Friday morning his father called him at 5 o'clock in the morning to walk home with a girl who had slept all night with Mrs. BRACKIN. He got up and escorted them.
     Mr. WARREN brought out that KENT was in Mrs. BRACKIN's room on the Monday evening after Mrs. BRACKIN was on the stand. He said he was with her alone only five minutes.
     "What time was it when you left the room? asked Mr. WARREN.
     "Between 12 and 1 o'clock."
     "When before 5:30 did you leave Mrs. BRACKIN's room on the Thursday night?'
     "Between 12 and 1 o'clock."
     "Now, KENT, didn't you play cards or stay in that room until it was time to take the girl's home?'
     "I certainly did not."
     KENT refused to tell what the name of Mrs. BRACKIN's companion was.
     "Was this lady a friend of yours?"
     "She was after I got acquainted with her that night."
                                                                   REPORTER AS WITNESS
     Malcom R. CLISSOLD, a Buffalo newspaper man, was the next witness. He was asked:  "Did you have an interview with Dr. GRANT at his office on William street, on the Sunday following the tragedy, at 3 o'clock in the afternoon?"
     "Yes, I served him with a subpoena for Coroner KLEINDIENST. He accepted service."
     "At that time did you see a quantity of letters?"
     "Yes, he showed me the outside of a number of letters and the inside of a few."
     "Did he hand any letters to you to read?"
     "Yes. Probably a dozen. These letters were taken from a large collection on GRANT's desk."
     "Did you make an extract from one of the letters?"
     "Yes, and I copied one entire."
     The witness identified the extract which reads as follows:  "Your continued goodness towards me and the benefits you have bestowed upon me may injure you. Your kind intentions to me, may at some future time, prompt people to say that you ruined me but those who know you and me know that isn't so. You may not think I appreciate your kindness shown in so many ways, but I do."
(This letter was written by Miss DINGLE to Dr. GRANT).
     "At that interview did Dr. GRANT say that he had more than 200 letters showing what Miss DINGLE's opinion of him was and that her correspondence would completely exonerate him?"
     Objected to and objection sustained.
     "How many letters were in the pile from which you copied the extract?"
     "Not more than fifteen and not less than five."
     The next witness called was John W. HUTCHINSON, of Buffalo, the husband of Mrs. SALCHOW, a witness during the early days of the trial. He was subpoenaed by mistake for another HUTCHINSON. He said:
     "I had a suit for divorce from my wife. I obtained an interlocutory decree, the time limit on which expires to-day. The divorce has not yet been perfected."
     "Mr. RAINES then said:  "I subpoenaed Lorenzo VAN ALLEN a week ago Thursday and he has been attached by the sheriff of this county. The Sheriff has an agreement with him to appear before this Court to-morrow morning and testify for the defense. He has been ill. That is the reason he gives for not obeying my subpoena."  Mr. RAINES announced that with VAN ALLEN's testimony, he would rest the case for the defense. He offered the diary and account book kept by Miss DINGLE, in evidence.
     The Court declined to receive it, saying:  "I don't wish the jury to believe that an entry by Miss DINGLE in a diary is evidence of the fact of any transaction between herself and Dr. GRANT."
                                                             LETTER TO HARRY DINGLE
     Mr. WARREN then commenced the presentation of testimony in rebuttal, by offering the following letter from Miss DINGLE to her Brother Harry DINGLE, who was at the time the letter was written in South Africa with the Canadian troops:
                                                   Buffalo, N. Y., July 13, 1902.
     Darling Brother:  When are you coming home?  I cannot understand why you went so far away without seeing us. I do hope you are well and that we may see you very soon. Mabel and Eva are both well and as for myself I couldn't feel better. Jim and Grandma and, as far as I know, we are all well. I graduate January 1, 1903, and will expect to see you there, for the occasion will be a grand one. This is Sunday night, and as we are all off duty and nothing to do in particular I get very lonesome and sometimes I sit for hours and wonder what you are doing and if you are happy. Oh, dear, if I could only see you. It seems as though you would never come. Harry, I can't see why you didn't come to see us before going away. I wish I could understand it. My mind is tired trying to study it out. However, we must wait in patience. We have a great deal to do here, so many sick people about; typhoid to no end. I hope you are well and when you do come home you will look and feel fine. I am so tired to-night and my teeth are all aching, so please excuse this poorly composed letter. With lots of love and kisses, I am your loving sister.
                                                ETHEL.
    P. S. - Good night, and may God bless you. Write soon and I will write again in a few days.                             E.
     Mr. WARREN offered the letter to show Miss DINGLE's condition at the time it was written. It was accepted by the Court.
                                                               SISTER-IN-LAW A WITNESS
     Mrs. Anna TRAVERS, of Palmyra, a sister of KENT's wife, was then sworn. She resided in September, in Buffalo, with Mrs. KENT, at No. 484 Fargo street. She was at the house on the 13th of September in the evening.
     "The defendant came there that night after 8 o'clock. I cannot give the exact time," she said.
     "Did you talk with him?"
     "I had no conversation with him beyond salutations. I was in the room occupied by the defendant and his wife, when he came in. He went to the dresser. He opened the right hand top drawer and took it out. His back was toward me. In that drawer were some collars and cuffs. I know his razor was in that drawer. I did not see defendant when he left. He closed the drawer when he went out of the room."
     The witness identified the razor with which the deed was committed as one resembling KENT's.  "KENT was in the room not to exceed an hour. He talked with his wife. I saw him when he came in and I heard him go out. I do not remember that he called out to his wife when he came in."
     Mrs. Ellela COWLES, of No. 215 Hudson street, Buffalo, at whose house McKAY boarded, was then called to the witness stand.
     "Do you recall last September when McKAY roomed at your house?"  she was asked.
     "Yes, he was rooming there. I remember the first time I ever saw Ethel DINGLE. It was on the Monday before the tragedy. I saw the defendant on that night. I met him the Monday before that for the first time. I was not introduced. On the Saturday night, the 13th of September, I heard some one in the hall of my flat. It was KENT. He said McKAY sent him to get his trousers, socks and handkerchiefs. I let him go to McKAY's room. He came back and asked me for McKAY's revolver, knife, and bank book. I said he did not have a revolver and that I never saw his bank book. He asked me to tie up the things so he could get them early the next morning. I did so, but he did not come for them. It must have been 10 o'clock when he came. It was after 9:30 McKAY was the only roomer I had.
     "My husband is a police officer and was on night duty then. KENT stayed in McKAY's room five or ten minutes. When I went into McKAY's room after KENT had gone, the drawers were all pulled out and ransacked and the clothing was pulled off the bed. I was not in the room when KENT and Miss DINGLE were attending McKAY.
     "Haven't you very bitter feelings toward KENT?"
     "No. I have not taken a deep interest in the matter. KENT could not have gone into McKAY's room without my permission. The door was locked. He had to come back to the room where I was to get out."
                                                              KENT BADE HER GOOD-BY
     Miss Martha STOWELL, a nurse at Riverside Hospital, was an important witness for the prosecution. She said:  "I entered Riverside Hospital on the 8th day of July, 1902. I became acquainted with Ethel DINGLE that day. I worked on the same floor with her. I saw her one day while she was at the hospital before I went there for good."
     "Do you remember when you went to GRAGAN's store with Miss DINGLE."
     "Yes. It was the 22d of August. Miss DINGLE said the superintendent had told her she could go to the dressmaker's, and that I should go with her." She went to GRAGAN's to get rubber heels put on her shoes. I saw KENT at GRAGEN's. He came about ten minutes after we got there. Miss DINGLE and KENT talked for some time. I did not hear the conversation. I had known KENT before. I saw him daily before he left the hospital. Miss DINGLE asked me what was the best time to get her trunk out without anyone seeing it. I told her about 7:30 in the morning. We started to go then. KENT shook hands with me and said:  'I will not see you again.'  I replied that I did not feel sick and that he did not look sick. Then he said he would walk down to the hospital with us. Ethel said:  'No, you won't. Miss DINGLE appeared as happy as ever."
     "What did you observe as to her disposition?"
     "I always found her lighthearted and good-natured, and always happy. She had toothache and neuralgia once. She seemed to think her pain was worst than that of any one else."
     "Was she right-handed?"
     "I never saw her do anything with her left hand. She used her right hand in sewing and writing."
     "When did you last see her?"
     "August 23, 1902, at 7 P. M., in her room just before she left."
     "When did she say she was going?'
     "She told me the Friday before that. Then after that she said she would not go. Going from GRAGEN's store to the hospital, I asked her what she wanted her trunk for and she said again that she was going to leave the hospital. I was with her till 10:30 that night. I saw her the next morning, but never afterward."
                                                       THOUGHT ETHEL RIGHT-HANDED
     On cross-examination the witness said he did not room with her. Jessie MILLER was her roommate. It was 2 o'clock Friday when she first spoke of leaving the hospital. Miss DINGLE never made any revelations to me about her physical condition. She was cheerful and happy as far as i know. I never noticed that Miss DINGLE was particularly held the razor in her right hand."
     "We prepared patients for operations. Once I saw her come out of a room with a razor in her hand after preparing a patient. I don't know that there is any particular way for a nurse to hold a razor. She held the razor in her right hand.
     Court then adjourned until this morning at 10 o'clock.
     In Buffalo it was reported yesterday that Harry DINGLE was still there and that he said that he believed that KENT would be convicted but that if he was acquitted he would settle with him.
 ----<>----
DIDN'T MISS CHILDREN
 
Maloys Were Lonesome and Got Tenant Who Sues for Heavy Damages
 
Captain James MALOY's spacious residence at the corner of Plymouth avenue and Adams street has but one drawback. There are no children to make its halls ring with light-hearted laughter.
     "We will rent to some nice people and then it will seem less lonesome, suggested Mrs. MALOY. Henrietta WILSON took the upper portion of the house. She was good company until she began cooking. She cooked onions, and Mrs. MALOY is prejudiced against the odor that accompanies that culinary rite. She went upstairs to close the door that separates the upper and lower portions of the house.
     The tenant says Mrs. MALOY hit her in the eye with the broom handle in the course of a conference over the propriety of preserving the open-door policy. She wants $2,000 damages. Mrs. MALOY says she defended herself against assault by grasping the broom and that the plaintiff, if injured at all, received the poke in the eye accidentally through her own efforts to use it as a weapon. W. H. HILL appears for the plaintiff and Charles CULLAHAN for Mrs. MALOY, and Judge STEPHENS and a County Court jury will hear their troubles to-day.
----<>----
BRIEF COURT NOTES
 
The May Grand Jury will rise to-day and hand up about twenty-five indictments. It is understood that none of the cases considered is out of the ordinary routine of police work.
 
The appeal of Charles O. WESTON from the verdict of the defendant in his suit against John P. WESTON was argued before the Appellate Division yesterday by Attorney W. H. WHITING and M. H. McMATH for the plaintiff appellant and the respondent respectively.
 
The suit of Margaret PYE against Frank PYE, her husband, brought to establish a mortgage, was placed on trial before Justice DUNWELL and a Supreme Court jury last evening, the questions of fact in the case having been certified to the Trial Term by Justice DAVY, before whom the case was argued in Equity Term.
 
Paul BOSSO has appealed to the Court of Appeals from the a__rmance of the judgment obtained against him by George W. BURKS, a negro, for refusing to shine the latter's shoes. The supplementary proceedings against BOSSO have been adjourned pending decision of the case. F. L. DUTCHER appears for BURKS and T. P. McCARRICK for BOSSO.
 
Rhinehart KNELLING received a verdict of $3,000 damaged from a Supreme Court jury before Justice DUNWELL yesterday, in his suit against the Roderick McLEAN Company to recover for a broken knee sustained through being run over by an alleged defective roller sold by the defendant company. He was represented by John VAN VOORHIS & Sons.
Rochester, Monroe, NY
Democrat & Chronicle
Thurs May 14, 1903
 
DEED WAS CLEARLY THAT OF THE WOMAN
 
Administering of Drugs and Use of the Razor
Not Reasonable to Suppose a Medical Student Would
Have Exercised Such Means, Declared Lent's Attorney -
Address to Jury a Rehearsal of Every Detail of the Tragedy -
Mrs. Kent on Stand Denies Her Husband Got Razor at Home
Before Leaving for This City - Raines Will Finish Summing Up To-day.
 
    The testimony for the defense in the KENT trial is all in Attorney George RAINES yesterday commenced summing up. The witnesses sworn yesterday for the defense were Mrs. KENT, wife of the defendant, the defendant's sister, Edna Laura KENT, and Lorenzo VAN ALLEN. Mrs. TRAVERS was the first witness called. She gave her direct testimony on Tuesday afternoon and was re-called for cross-examination by Mr. RAINES yesterday morning. Mrs. TRAVERS, Mrs. KENT's sister, gave testimony to the effect that KENT got the razor with which the deed was committed from a dresser drawer in his own home. On cross-examination she gave the following answers to Mr. RAINES:
     "Mrs. TRAVERS, you have very bitter feelings toward this defendant, have you not?"
     "I can't say exactly very bitter feelings."
     "You have been busily engaged in trying to have Mrs. KENT separate from him, have you not?"
     I have not made the effort, further than that I was undesirous of having her live with him."
     "You have talked with her and urged her from time to time to leave him?"
     "I did urge her once to do it. I didn't want her to live with him after all that happened."
                                        WIFE LOYAL TO KENT
     Mrs. Leland Dorr KENT then took the stand in surrebuttal (?) and testified as follows:
     "Were you home on the night of September 13th?"
     "Yes, sir.
     "Did he come in at 8:30 that night?"
     "He did."
     "What were the people doing?"
     "I was putting my little boy to bed, and my sister Anna and Edna KENT were downstairs playing cards."
     "Did you see Mr. KENT come in?"
     "Yes."
     "Where did he come?"
     "Into the room where I was."
     "Was there a room with a roller-top desk in it?"
     "Yes, sir."
     "When he came into the room, was there conversation?"
     "Yes."
     "What was it?"
     "He said he had to go away and wanted to know where his dress suit case was. As I had been sick, I didn't know. He then remembered that he had left it at the penitentiary. He also said he wanted his bank book. I took my lamp into the front room, leaving that room in total darkness."
     "As a matter of fact, you know where the bank book was?"
     "Yes, sir."
     "You put it away?"
                                DIDN'T WANT TO FIND IT
     "No, but I knew it had been put away and where it was."
     Mrs. KENT told of the feigned search for the bank book. They went into the roller-top desk, but Mrs. KENT didn't look into one of the drawers of the roller-top desk, for she knew the bank book was there. Mrs. KENT said her sister, Anna, didn't come upstairs, and didn't get any farther than the hall.
     "Did you remain upstairs with your husband until he left?"
     "I did."
     "Did you leave a light in the bedroom where your sister says she saw your husband in the bureau drawer where the razor was?"
     "I did not. It was in total darkness."
     "Where Mrs. TRAVERS and Miss KENT came to the landing you and your husband were in the other room where the roll-top desk was, hunting for his bank book?"
     "yes, sir."
     This testimony directly contradicts that of her sister, Mrs. TRAVERS.
     "Was there anything about an overcoat?' continued Attorney RAINES.
     "Yes, he said he wanted his overcoat."
     "When did he say he would return?"
                               WOULD RETURN MONDAY
     "He told me when he left that he would be back Monday."
     "How long was he in the house?"
     "About twenty minutes."
     "Was there a time when your husband's razor was left in the bureau drawer?"
     "Yes, up to about a year ago. After that it was on a high shelf in the bath room."
     "Up to the 13th of September what do you know of the razor?"
     "I know that when my husband and I came back from Palmyra I unpacked his razor and other things and put the razor on the shelf in the bath room."
     "Did you see it after that time?"
     "I did not."
     "Had the razor for a long time before September 13th been in the drawer in the bureau?"
     "No, sir."
     Edna Laura KENT, a sister of the defendant, who is a trained nurse and graduated from the City Hospital two years ago, was the next witness.
     She corroborated Mrs. KENT's testimony as to the alleged search for the razor. Mrs. KENT said she and Mrs. TRAVERS heard a noise and they started to go upstairs. They got no farther than the first landing, the witness said. They saw Mrs. KENT and the defendant in the room where the roller-top desk was, searching through the desk.
     "I asked him if he would stay in and play cards, said the witness. "He said he was busy, and that he would be home some night and play with them."
                                  ANOTHER MONDAY ENGAGEMENT
     "Anything about the stockyards?" asked Mr. RAINES.
     "Yes. He said he was going to show my uncle around on Monday."
     On cross-examination Mr. WARREN asked witness about the message received from KENT. She said it read:
     "Going out of town for a few days. Will be home Monday. Don't worry."
     Lorenzo VAN ALLEN, brother-in-law of Miss DINGLE, was the next witness, being brought from Buffalo by the defense pursuant to attachment issued.
     "Your wife was a sister of Ethel DINGLE?" asked Mr. RAINES.
     "She was."
     "You knew Ethel?"
     "Slightly."
     "You knew Dr. George GRANT?"
     "Yes."
     "What was the time of your marriage?"
     "October 10, 1901."
     "State if before your marriage there was talk of a double marriage?"
     "I don't remember of any such thing."
     "Was there anything talked between you and GRANT about it?"
     "I think Dr. GRANT said something about being willing to be married."
     "Was any arrangement made to that effect?"
     "No, sir."
     This was in direct contradiction to Dr. George GRANT's testimony on this point.
     "Was anybody else present at this interview?"
     "No, sir."
     "He has stated that the engagement between him and Ethel was broken just before your marriage. Is that so?"
                                              NOT DEEPLY INTERESTED
     "I don't know about it. They had little troubles."
     "Did you know of the termination of the relations between Ethel and Dr. George GRANT?"
     "I didn't know."
     "When did you learn of it?"
     "I never knew it."
     "Was there a time when Ethel gave you facts about her relations with Dr. GRANT?"
     The Witness:  "It's something of a private matter of my own."
     The Court - "Did you have any conversation with her about her relations with GRANT?"
     "No."
     "Didn't Mrs. VAN ALLEN receive letters from Ethel?"
     "I suppose she did, but I don't recall seeing them."
     "What was the last time you recall seeing such a letter?"
     "I don't remember."
     After this occurrence did you hear of the destruction of any letters?"
     "No, sir."
     "The effects of your wife were left with you after her death?"
     "They were."
                                                         GOT ETHEL'S TRUNK
     "On Tuesday evening the 16th of September, did you go to the HUTCHINSON house to obtain possession of Ethel's trunk?"
     "I did."
     "Did James DINGLE go with you?"
     "He did."
     "Was the trunk there then?"
     "It was."
     "Was it or was it not?"
     "It was not when I called later."
     "How did you come to go for it?"
     "I got permission of Dr. KENT to get the trunk."
     "Did you see him there?"
     "I did."
     "Do you say the letters from Ethel DINGLE to your wife were never destroyed by you?"
     "They were not."
     District-Attorney WARREN then took the witness in hand.
    "Describe how you got KENT's permission to get the trunk?" he asked.
    "I went up stairs at the hospital and he put out his hand to shake hands with me. I naturally wouldn't take his hand. He told me to tell Mrs. HUTCHINSON that as soon as he got over his little trouble he would settle with her."
     "Did he at that time say he had any effects in the trunk?"
     "He did not."
     That closed the cross-examination. 
                                                            HINT OF INSANITY
     Mr. VAN ALLEN, had you not on the week before this occurrence had in mind the matter of continuing Ethel on account of her mental condition?" suddenly asked Mr. RAINES.
     "No, sir."
      "When did you see her last?"
     "On the Thursday before the tragedy?"
     "Where was she?"
     "On Chippewa street."
     "What transpired?"
     "KENT and Ethel passed us very rapidly. He was eight feet in the lead. We didn't have time to speak to them. They disappeared like a shot."
     Both sides then announced that they had no further testimony to offer and Judge SUTHERLAND declared the case closed.
                                                             RAINES'S ADDRESS TO JURY
     Mr. RAINES then moved for the dismissal of the two points, charging the use of poison and the Court ordered them dismissed. This leaves the two counts, charging that Miss DINGLE cut her own throat and that the defendant cut her throat, in the indictment. The Court declined to compel the prosecution to elect on which one of these counts the prosecution would stand.
     When court opened yesterday afternoon, the court room was crowded to hear the summing up for the defense. Mr. RAINES made a careful and minute analysis of the alleged acts and attempted to show that they were contrary to reason. He endeavored to show that it was according to all the evidence brought before the Court, and with the findings of common sense, that the deed was committed by the girl and not by the defendant. He said in part:
     "The defendant has been given fair treatment by the officers of the law. I have known juries to hang upon the words of the Court, with a view to finding out what a judge's opinion is regarding the evidence." said he.  "I have known them to try to read between the lines to see what the judge meant by any particular expression."
                                                              THANKED DISTRICT-ATTORNEY
     He next thanked District-Attorney WARREN for the faithful discharge of official duty. He especially commended Mr. WARREN for his consideration in not cross-examining Mrs. KENT, saying it was a "signal act of manhood, appreciated in any form, either legal or forensic."
     The attorney next stated the necessity of establishing the guilt of the defendant beyond a reasonable doubt. It is not enough to prove that he had suicidal intentions or that he wrote letters, but the proposition before the jury was whether, when those letters were written, the defendant was still under the swa_ and domination or a desire to kill himself or whether he had returned to a desire to live.
     "Did the defendant in that room in the last hour that was passed there to turn from this temporary lapse into the idea of suicide, in the presence of that girl, return to the old plea that she surrender her scheme so dear to kill herself? Did he do that? If so, you must acquit him.
                                                                       ARE TWO THEORIES
     "Here you have the two different theories. The District-Attorney must prove that KENT kept pace with her in a desire to commit suicide up to the time the fatal stab was taken. But if he fell back, if he lost step for an instant you must declare him innocent. It is the necessary element of the District-Attorney's case that he was an active and willing participant in the finale and that he sought death by drugs and the razor.
     "The District-Attorney suggests that the defendant was cheating this girl; that he desired her to complete the act while he drew back at the last moment. The District-Attorney has no standing in that room, No. 147, in the Whitcomb House, except he can prove that both intended to commit suicide. Why is this so? Because it is impossible to suppose that this man who had room to recant, loving this girl as he did, restrained by no fear of her, would not instantly give to that girl the thought, 'I will not do this thing.'
     "These two souls were one, united by those ties, be they lawful or sinful. The instant the District-Attorney says KENT retracted and began to doubt the carrying out of the scheme, it is said against the knowledge of human laws governing two souls which are as one, that that resolution should not have been at once announced to the girl truthfully and plainly.
     "There are many and vital pieces of evidence on this point which I shall dwell on later but the vital question is:  "Did KENT intend to die at the time of the taking of the drugs and the use of the razor?"
                                                                       DIDN'T WANT TO DIE
     "I will show you that he did not. The thought of death had passed from his mind and remained lodged only in the desperate and secret purpose of the girl. You must believe that the user of the razor must have intended it to be the final act of death. It was an act either of suicide or murder. One of the two did it but that it was done to kill there can be no question or controversy in this case.
     I shall not discuss the antecedent state of mind of this girl by which she could coldly and calmly contemplate suicide. I shall enter into that room in the night of the tragedy, and by the surroundings of they were found, and which are uncontradicted, build up a conclusion as to whether the defendant or Ethel DINGLE did this fatal act.
     "I have no doubt you will come to realize that this poor girl, torn loose from her moorings in this world, having drifted out of relations with family and friends, worried and baffled at every point, sick unto death with a disease which was the worst which can assail a woman; this girl whose picture I will not draw, on that occasion when her last purpose in the world was about to be realized under circumstances which made death attractive by the side of the one she loved, found that it was not to be, grew desperate. When KENT had lain down to rest this girl still insistent on death: wooing death as the only relief from her woes; quietly moved the table to the foot of the bed so as not to waken KENT, who lay on the bed, so sa to prevent him from seeing her actions enter into the final preparations which were those of a woman, in their nature, and not those of a man. She did this so that when she left this world the only thing on earth she loved would pass with her.
                                                               ADMINISTRATION OF DRUGS
     "Believing that the crucial question is what took place in that room, I took leave of that question for a time. The question now raised is in regard to the administration of the drugs to KENT. Who did it? Whoever gave KENT the drugs, cut KENT. Whoever gave the drugs to Kent and cut KENT, cut the girl. The drugging and the cutting was the __ of one person. KENT says he had passed to sleep when the cutting occurred.
     "You have the hours of the occurrence in your mind. The witnesses differ some on this point and the defendant cannot say, but on one of the letters written in the room to his father he placed the time 3 A. M. I concede that it was in the neighborhood of 3:45 when they went to the room. It seems reasonable to suppose that the tragedy occurred some time later.
     "I am now about to lay out the circumstances preceding this act. In thirty minutes after the couple entered the room, the writing paper had been sent for, and at 5:30 the bellboy went to the room and a teaspoon was called for. It follows, therefore, that one and one-quarter hours had been used for the purposes described by KENT in his testimony. About fifteen minutes of this time was used in writing the letters and the rest of the time remains unaccounted for, unless it was used in argument by KENT with the girl, as he has stated. There was no such wait necessary as the hour which remained, if death was the object of both parties, unless you say it was for argument and discussion. For three-quarters of an hour after the letters were written no call came from the room. Then the teaspoon was called for. This weighs in favor of the defendant's story. While looking at the girl his mind revolted and he entered into a long contention with her against the act.
     "I simply say that it suits the theory of the defense that this hour was used in argument and discussion. The first act was calling for a teaspoon. One hundred hypodermic tablets were disposed of in that room. The bottles went in full and in the morning they were empty, showing that into somewhere in that room 100 tablets of drugs were put. The teaspoon incident shows that at that time the defendant was about to take a medicinal dose of drugs.
     "In a teaspoon, according to the testimony of Dr. MULLIGAN, only eight tablets could be dissolved. It shows that he had prevailed upon the girl, in the argument, to give up her intention to commit suicide that night at least, and he was about to take a medicinal dose of drugs. If a hundred tablets were to be dissolved a glass of water would have been used but if three or four were needed a teaspoon was the thing and a teaspoon was sent for. Give this fact consideration, gentlemen of the jury.
                                                             A SIGNIFICANT INCIDENT
     The defense told the bellboy that he was going to take some medicine for a
(about 4 lines at bottom of page I failed to copy)
contemplating making a medicinal dose. It is idle to assert that he was going to take a deadly dose or that she was intending to give him a deadly dose. A doctor, familiar with drugs, knowing that hydrocyanic acid will kill in the winking of an eye, would not use drugs which at best, in full action, would kill in from eight to twenty-four hours.
     "At that time he had overcome the girl's desire to die and with her consent was about to sleep. If the defendant mixed the final dose he knew that there was not a killing dose in all that room. There was only a cup of agony. Physicians have testified that there was only from one-half to two-thirds of a killing dose of any kind of drug in that room. If KENT took it he meant to take a cup of long-drawn-out physical agony but not death. Ethel thought otherwise and said so, according to the testimony of the defendant. She thought there was enough there to kill them both and she said so. Does a man who intends to kill himself mix up a cup of physical suffering for himself and no more?
     "The time in which those drugs would act was from eight to twenty-four hours. Would he take such a dose and such drugs to kill himself? It is the height of absurdity that in this fatal cup, morphine and atropine, antidotes for each other were mixed.
                                                                       WHY THE ANTIDOTES?
     "Why did the person who gave this dose mix poisons with their antidotes?  Would the defendant do it?  No.  That would be a woman's trick, a nurse's trick. The act of one who poured everything into the cup. Would the defendant take, first, not a deadly dose; second, poisons which would act in from eight to twenty-four hours; third, poisons and their antidotes; fourth, drugs which would produce great physical agony?
     "Was this the act of a medical student or was it the act of an ignorant girl who did not know the killing quantities of the drug? Cocaine was used in the mixture and its effects was to delay the action of the drugs taken.
     "In the morning, when help came to the room, the defendant pointed to his medicine case and said: 'There is something in there which will do me good, when the case was empty. Did he empty it and then call for it when he was suffering?
     "The final act had been delayed until 6 o'clock. It is unreasonable to suppose that the one who did the cutting waited until the drugs had taken hold of the system. If KENT was to do the cutting by agreement, why should he take poison to paralyze his system. No, that was a woman's connection of drugs and cutting. If the drugs were to be taken before the cutting, why take them at all?
     "The cuts on both parties went to the carotid artery. Why take drugs when the carotid artery was to be severed? This goes to show how that the drugs and the cutting was a woman's combination. You would not say it was a doctor's thought? Cutting the carotid artery kills in five minutes, and causes unconsciousness in three minutes, according to the testimony of physicians. If KENT contrived this plan what a lunatic he must have been.
                                                                       KENT DIDN'T FIX DOSE
     "The fact that a deadly drug, like hydrocyanic acid was not provided is evidence conclusive that KENT did not prepare the dose but that it was the work of the woman. There was nothing done in that room but what you would expect an ignorant woman to do who was madly desiring to die. The keen intellect of a medical student, was not at work. The circumstances agree with KENT's statement that he did not intend to die and had not an instant death prepared.
     "McKAY's house was searched for a revolver with which to commit the deed, the District-Attorney will tell you. KENT searched for the revolver because the girl had threatened to get McKAY's revolver and blow her brains out. He did not want to kill himself with a revolver. He wanted to keep it from her hands. If he wanted to get a revolver to kill himself with, he could have, bought one for a dollar at any corner in Buffalo. But he walked a mile to McKAY's house.
     "Now as to the active suggestion that the cutting was the act of the dead girl and not of the defendant. She prepared the drugs and administered them to the defendant. She did the cutting. When Ethel DINGLE used the razor the defendant lay asleep on the outside of the coverlid, with the left side uppermost. She moved the table to the foot of the bed, where she could dump the drug vials and do her work unobserved. When the cutting was done the defendant was under the influence of drugs. He lay with his neck exposed. The theory of the defense is that she then disrobed and prepared for the fatal act and lay down on the bed by KENT's side, and then with the razor accomplished the end.
                                                                   NOT PHYSICIAN'S METHOD
     "Let us examine the cuts. Take the cut on KENT's neck. It is short and straight and smoothly made. It was a cut made by one who sees what they are doing. There is no jagged ending or beginning. It was a straight cut, going in three-fourths of an inch to the caroid artery, in a place easily to be got at. It was the cut of a woman. It was intended to kill but not to mangle. There was no brutality in the cut. All she wanted to do was to cut the carotid artery.
     "What was the nature of the cut on Ethel DINGLE's neck? It commences with a half-inch abrasion of the skin, then goes down, feeling its way. Does it look as though the person using the razor saw what was being done? No, but by one who feels. Then in the last two inches of the cut the blade plunges forward, cutting clear across the median line and striking on the projection of the clavicle. It was the managing of desperation, not the cut of kindness. That was not the cut of a medical student leaning over his object, but the cut of a woman who does not see where the cut commences, but with a splash accomplishes the deep termination.
     "A doctor would have accomplished his purpose by a cut in the carotid artery one-half inch long, but this cut was three and one-half inches long, across the throat. The artery was cut at the point where it laid deepest beneath the skin. Would a medical student cut there or above where the artery comes almost to the surface of the neck?"
     Mr. RAINES her took the deadly weapon and illustrated with his left hand, how such a cut could be made by the girl.
                                                                    GIRL'S POSITION IN BED
     "Now as to the position of the dead girl in the bed. The fact that the girl's pillow was not drawn down to the bed shows that the girl got into bed with the act in view and not to go to sleep. The feet were in the center of the bed, with the body lying diagonally across it. Coupled with this is the fact that the right hand lay at the side with the palm open. In this position she would fall back after leaning over and making the cut on KENT's throat. Every witness says the left hand was two-thirds closed. It had evidently clutched about something. Will anyone say that this defendant cunningly arranged these details? Could a person with one hundred tablets of poisonous drugs in his stomach so cunningly arrange the details?
      "The woman's hand was in a natural position as it fell after killing herself, not as if it had been forced to lie by her side and the razor then placed in her hand. It was in a natural position."
     Mr. RAINES then took the blood-stained razor and held it as if to make the fatal cut, and showed that it would naturally nick the joint of the forefinger, and he pointed out a spot of blood on the heel of the razor, not connected with the other blood stains, and had not flowed down from the rest of the blood.
     "This shows that the forward two inches of the blade did the cutting. The nature and location of the blood stains indicate that the razor was in the dead girl's hand immediately after the cutting. It shows that the girl got the spot of blood on the forefinger from the heel of the razor. Now, gentlemen of the jury, if the positions were reversed, the man dead and the girl on trial; the razor found in the man's hand and the cut on his forefinger, is there a man of you but what would say 'He did it.'  Fairness and justice constrain you to give equal justice to the defendant. If the defendant was to do the cutting by arrangement, the girl would have been lying on her side, but she was lying on her back."
     Taking up the matter of the silk handkerchief wedge found in the bed. Mr. RAINES said: "If the defendant was intending to cut her throat, he would not make a wedge to staunch the blood. But in his drugged condition he saw the blood flowing from the wound and seized anything to stop it.
                                                                    WHY SHOULD HE CARE
     "It is the theory of the prosecution that the defendant, after the cutting, placed the razor in the girl's hand. Why should he care where the razor was found if he intended to die? If he had done all that bloody, desperate work, why should he care where the razor was found? If he did intend to kill himself, why clamber to the foot of the bed, to the table, and get a towel to put to his neck to save his life? Why did he not lie still and await the death he sought? Why did he do all these things if he had been planning for and expecting death? No, it was the girl who did it, and he did not expect it. When he discovered the fact he tried to staunch the wounds, both in her neck and his own. Giving drugs before the cut may have been the woman's way to save him pain; not knowing how long it would take the drugs to operate.
     Mr. RAINES admitted that while the defendant was sitting at the foot of the bed bleeding into a pool, he wrote the bloody letter found in his pocket on which the last few words were: "And I am still alive." "I contend that he tried to write a line, to leave word of what had happened to him and that the cutting was a surprise to him."
     Mr. RAINES then paid his respects to Dr. GRANT. "That man held the soul of a woman between heaven and hell for ten years, in the hope that he would marry her. Then he threw her over and gained the love of Miss DINGLE. He did not for a moment intend to marry Miss DINGLE. His trade was otherwise."
                                                                 TRIBUTE TO DEAD GIRL
     "I pause to pay tribute to the dead girl. A tribute due to her sex. This defense has not assailed her. The story told by the defendant under the trees at Williamsville, of her life and history, this defendant has refused to repeat on the witness stand. I could control all the evidence, but could not open the defendant's lips' on this point. No man had a right to fling an epithet at this girl. She made a struggle for herself which excels by far the usual struggle made by womanhood. She had grandeur of character in some respects. Her whole correspondence with GRANT shows how a woman will abase herself to gain the love of man.
     "As she passed out of the city of Buffalo on the fatal night, she said in a hallelujah chorus: 'No more shall this city see me?  She was controlled by a delusion that death was the necessary and inevitable end to gain joy and peace.
     "To-morrow I will show you the history of the transition from the commencement to the fatal hour at the Whitcomb House; show you how the kind and affectionate girl could be so disturbed that no thought could satisfy her mind and soul but to take the defendant with her into eternity."
Rochester, Monroe, NY
Democrat & Chronicle
Fri May 15, 1903
 
RAINES PAINTS KENT IN GLOWING COLORS
 
Address to Jury consumed a Day and a Half
Some Vitriolic References to Witnesses Hostile to Defense
and Upbraids Members of Dead Girl's Family -
Calls Grant a "Thing of Sixty" -
District-Attorney Warren Will Present Case of People To-day and
Judge Sutherland Will Probably Give Case to the Jury on Monday
 
     It was past 7 o'clock when George RAINES concluded his summing up in the KENT trial last evening, and left his client's fate in the hands of the jury after a day and a half spent in presenting the case of the defense to the jury. District-Attorney WARREN will have his inning this morning and will probably take about a day. Judge SUTHERLAND's charge will be delivered to-morrow forenoon and the case with the jury after a four week's trial.
     "Before passing from the incidents of that room," resumed Mr. RAINES when court opened yesterday morning. "I add other circumstances as to the taking of drugs. Her not taking drugs is a controlling thing as showing that she did the cutting. The post-mortem disclosed no signs of drugs in her stomach and the testimony is that she took none.
     "The fact stands forth that she said to KENT in the bellboy's hearing. You can take it without (a spoon). This should show that she was the last one engaged in preparations for suicide after KENT had gone to sleep."
     Mr. RAINES also brought out the fact that KENT wore at the time he was discovered the same clothes he wore when the bellboy was there. He said this was a startling corroboration of the defendant's statement that he laid down on the bed with his clothes on.
                                                                      NOTHING OF DECEPTION
     KENT was a staggering imbecile when he made the statement to the coroners, he said. He also declared that there was not an improper statement or any 'playing of a part' by KENT. Policemen watched KENT, he said, as did "shrewd newspaper men, skilled in the art of seeing _eception." But they detected nothing of hypocrisy in his conduct.
     "When this defendant was being led from the room," said the attorney, "the glimmer of a smile on the face of the dead girl perhaps caught his __ and he turned and exclaimed: 'Ethel, Ethel; she can't be dead." This throws a flood of light upon the case. The hope lingered in his mind that life still remained. The last thought in his mind was of that girl, and with the glimmering of a muddled intellect he leaned over her with the words I have quoted.
     "Such words as these lean too hard upon the intellect of every man here to allow any one of you to declare that he took that life. This was one of the evidences of sincerity in the relations of KENT and the dead girl."
     The putting of the bloody wad into the pocket was the act of a drugged mind, said the attorney. He said it was the crowning act as showing KENT's dazed condition.
                                                                       KENT WANTED TO LIVE
     The blood on Miss DINGLE's bracelet and Dr. JOHNSON's testimony that the blood got on the bracelet at the autopsy, next came in for comment.
     The respective mental conditions of Miss DINGLE and KENT were described. He said Miss DINGLE had an uncontrollable mania for death, while KENT had everything to live for.
     "This is really the whole relation which the preceding history of the case has to the final event," said he.  "The allurements of life were still operative upon his mind. This defendant at the moment of the tragedy had decided to cling to life, while the girl had cut loose and had thrown herself into the unknown."
                                                                   DEFENSE'S HOSTILE WITNESSES
     Mr. RAINES said that first and foremost of those who would impute improper conduct to the defendant in getting possession of the trunk. He said if James DINGLE and Lorenzo VAN ALLEN had secured the trunk they would have destroyed everything and obliterated the traces of the past.
     "Whether this was for the purpose of George H. GRANT or not I cannot say, but that they deliberately destroyed letters and other evidence is proved. I asked: 'James, did she not write to you that she wanted to go to her Uncle Richard's to rest and recruit?'  He returned 'No, sir,' but when I showed him the letter he wrote to her advising her not to go to Uncle Richard's, the color came and went as he admitted writing the letter.
     "This family wiped out by fire every record of the dead girl. I knew that if the family got hold of that trunk every vestige of evidence it contained that was against the prosecution would have been destroyed.
     "This defendant has made his case by the testimony of hostile witnesses. The defendant had no truck with DRAKE, McKAY or GRANT before the tragedy. They came to him by reason of his relations with Miss DINGLE and the fact that they had relations, and it was _uly when threats of the vengeance of the law, for perjury, were thrown in front of these men, that they could be brought here.
                                                                     COULDN'T REFUSE LIES
     "The defendant has been forced to make his case from the mouths of perjurers. It was in the option of the District-Attorney to call Dr. RANDALL, McKAY, DRAKE, GRANT and the others, but he would not do it, and we were prejudiced because we couldn't contradict a single lie that they told.
     Mr. RAINES said he knew when he read the interview in the Buffalo Courier with one of the letters from Miss DINGLE to GRANT in it, that he would never see it; and he never did.
     Dr. GRANT's statement to a reporter that Miss DINGLE had written him a letter, saying that he had not ruined her was scouted by Mr. RAINES, who said:
     "The last crime that I charge to Dr. GRANT is the forgery of the dead girl's writing. He tossed off this letter, the most contemptible forgery, the meanest thing that lies within the borders of this case.
     "I charge that Dr. GRANT received the press, and then tried to deceive this jury, and I believe that in all the world there is no person so low that he will have any sympathy with the debased scoundrel.
     "The defense had to make its case from this accumulation of poltroonery, baseness and perjury. These people the defense had to call were not the ones he desired to have as witnesses. These are not the friends or acquaintances of KENT. They came to her as part of her situation in life. They had been the acquaintances of her lover, George GRANT. It was to them we had to go for the history of her life, to establish that the suicide thought had been in her mind and had ruled her life for two years previous to the time she became acquainted with this defendant."
                                                                         A THING OF SIXTY
     Mr. RAINES then began the second part of his summary, in which he described the life of Miss DINGLE. He said the girl was pure as the light of day up to 17 years of age, when she became acquainted with Dr. George GRANT, who was 36 years of age.
     "Is it possible that at 36 or 39 years of age," said he, "a man can have such traces of depravity as George GRANT bears upon his face? He walked across this witness stand like a thing of 60, except the color of his hair which still seemed to be of 36 or 39 years."
     Miss DINGLE, he said, was "tender in her feelings as a child of passion, without the wise experience of a girl of more mature years, and not at all the match of a man who had kept another girl dancing for ten years between heaven and earth. Her diary is filled with GRANT, GRANT, GRANT, from the 21st of January, 1900, to March. Why did she leave the husband on the 10th of January?  Has GRANT lied again? Here is the record of why the girl disappeared. It is placed in the diary. It is GRANT."
     Mr. RAINES said that the most important entry in the book was on the last page, on Easter Day, 1901, when she wrote, "Easter Day, 1901; Dr. G. and Dr. H., Hotel Iroquois and White Elephant."
     Dishonor had seized him, and it was treachery in both directions, and he temporized with Miss McLENNAN while he kept up his relations with Miss DINGLE. GRANT's game was one of chitting and cooling, in other words, it was a game of "letting the old cat die." For years he had been keeping up this warming and freezing with Miss McLENNAN until she finally became ice.
                                                                AN OLD MAN AND A CHILD
     Counsel referred to Miss DINGLE as the little kid of 17."  GRANT on the 10th of August wrote a letter.
     "This letter," said he, "should be pinned on the doors of every armory in the country and should be put upon the banner of every army going into action. I refer to the letter to Miss DINGLE on courage in which he tells the poor girl to keep a stiff upper lip while he goes to Scotland."
     The later correspondence of Miss DINGLE and GRANT was described. In this GRANT was engaged in trying to force the girl away from him while she was trying to win him back.
     "This man GRANT intended to house her and home her without marriage," said he "GRANT wanted her to re-enter the hospital so as to get rid of her. She thought GRANT might regain the love and respect she dreamed he had for her before. As she was going back to the hospital the girl said 'If you don't take me back, Dr. RANDALL, I shall have to commit suicide. This was the first threat, so far as we can discover, when she spoke of suicide.
     "Here she was for a time, but during a part of 1901 we see her a waif upon the streets, habituated to the saloon and restaurant by this man GRANT; what a legacy of George GRANT's debaucheries and revels had been left to her."
     HE said she was being at that time "led toward the devil's door by George GRANT." In the year 1901 George GRANT "was watering and maturing whatever thoughts of suicide she might have had."
     He said the statement of GRANT that he was re-engaged to Miss DINGLE in October or November, 1901, is contrary to the facts and contrary to the _enor of the letters. Several of the letters that were written by both were read and commented upon.
     Not many things in the calendar of crime were left uncharged against Dr. GRANT. He said:
                                                                   SOME MEASLY GIFTS
     "This poor girl, handsome, loving fine clothes, had no way to get money and she applied to GRANT for some. He had given her some measly gifts which have been referred to. After she asked him for money he had no further use for the poor girl. She wrote him that she was nearly naked, and asked for money to buy a few things. Then he tried to poke her off upon the hospital.
     "GRANT did not say upon the witness stand that the girl did talk of suicide. He was asked when, and he doesn't know. He denies an interview to a Buffalo newspaper man. That summer the girl was in those straits that required death by suicide. GRANT kept her in a suicidal state of mind from the day he took her to the White Elephant and then to the Hotel Iroquois. She broke the bondage of his brutality when she charged him on the boat landing in the presence of Dr. McKEE and others with ruining her."
     "Dr. RANDALL," continued Mr. RAINES, "asked the man who had control of Ethel's body and soul to take her away and marry her."
                                                                 IN THE CLUTCH OF DISEASE
     "She was drifting into the grasp of the dread disease which drained the fountain of womanhood. From the very nature of it she could not confide in the other inmates of the hospital. She progressed through harrowing stages of agony down to July of 1902, writing these pleading letters to GRANT. The graduating exercises on the 26th of June was the last occasion on which he gave her the pleasure of his company. It is plainly seen that the letter of the 16th of June, in which she pleaded for financial assistance, terminated his relations with her."
     "And so the girl passed into the condition in which she had to fling herself into the hands of the young interne for assistance. On the 10th of June, with the knowledge of Dr. RANDALL and others, she was in such distress that she had to get medical aid. She couldn't trust to the discretion of Dr. RANDALL. She couldn't confide in the gossiping inmates of the hospital, who would carry to her relatives information of what she had determined they should not know."
     "So she was alone in that six months. GRANT not going to her aid as he should have done. Alone with her morbid thoughts and dreadful dreams, and her diseased physical condition developing until she had to go to a medical man in the night for treatment."
     "That condition described by Dr. ACHESON had developed on her hands and that in a hospital almost especially to treatment of this class of disease. She had seen these cases pass under the surgeon's knife. Bear in mind the kind of girl she was, distressed by the conduct of this man GRANT; in the grip of a physical ailments, dreaded lest her relatives should know the terrible condition of this girl of 19, with no future, keeping a cheerful front as she dragged herself around the hospital on her duties, until the night in July when she had to go to the doctor. And her secret was kept between the nurse who attended her and the young doctor, the new interne."
                                                                         FRIEND AND ADVISER
     "When the young medical man treated her case kindly and confidentially, the two thus thrown together, drifted into the double relation of medical adviser and intimate friend. On him she threw the burden of her troubles and he accepted it. He treated her physical ailment and also ministered to her mind diseased. And thus he drifted on into that error of his life, that love which was his sin, but for which he is not on trial here. Then DRAKE came into her life and the girl unburdened her mind to him. Then came the unfortunate trip to Toronto, August 2d to 4th, and still the girl abided at the Riverside Hospital."
     "I am not here to gloss the relations between the deceased and the young physician; I am here to ask you not to let its relation warp your minds from the facts in the case."
     "You will remember the 15th of August, when the man GRANT made his terrible raid upon the girl and her character in public. The physical terror of the man in her soul after that found expression in the 'I am to hell' letter she wrote. Then came his pleading for forgiveness, his offer to apologize to McKAY, his saying that 'whisky did it,' all these consistent last acts of the man who had murdered her love. The letters teemed with insulting advice. 'Keep your body pure,' he wrote her. But we will waste no more time on the intermediate period from the 15th to the 23d of August.
     "Remember that when the city of Buffalo became impossible as a place of residence for her, that these were the incidents that caused it; that he had physically ruined her and had crushed her soul with his threats. The girl went about seeing this dreaded man always behind her, crouching in the shadows of the trees, awaiting, in her imagination to spring upon her in the roadway. These facts will be useful in the case to show that the girl's mind was shattered.
                                                                  DEFENDANT'S REAL MOTIVE
     "It will be said that the defendant induced this girl to leave the hospital on the 23d of August:  No one induced her to leave there. She couldn't stay any longer and avoid exposure of her condition. She was temporarily housed that night and the next day arrangements were made for hospital treatment for her in Rochester. Do not forget the next step that followed her leaving the hospital. She was taken out to get her medical treatment. She was not taken out to gratify this defendant's personal desires, as will be told you. She was in such a condition that she could not comfort any man. Her physical condition was such that it made her a burden and a care. She was taken into the secrecy of a friend's office, to save this 19-year-old from the jeers of those who had known her in the hospital. She was taken out to be placed instantly in a proper hospital, under competent medical treatment."
                                                                  SHE FACED DREADFUL DILEMMA
     "The events of St. Mary's Hospital were but a step removed from the tragedy of the Whitcomb House. Ethel DINGLE was again against the proposition that she must be dewomanized; that was the only treatment for her disease. The defendant went to see her, as her physician, and so great was her horror of the operation that she argued for three-quarters of an hour that she should commit suicide. Then she announced her decision. She would die under the anaesthetic, but she would not consent to be unsexed. She became familiar with the thought of death as the surcease of all her troubles, real and fancied."
     "To Miss CLARKE, whom she knew well enough to merely sign her initials, she wrote:  'I have written my family that I am far from Buffalo and well cared for and protected. Again, 'I pray God to save me from everything low and degrading, and further on, hopefully, 'I may stand before the world a womanly woman.'"
     "How does this defendant in his treatment of the girl compare with the others, who had enjoyed her confidence?  Did he act like a man of the world? This poor, pitiful thing whom I compared in my opening to a stalk from which the juices had been extracted and then thrown aside, this girl the defendant placed in a hospital. Had he left her as they did to the torturing accusations of inconsiderate friends he had indeed, deserved your condemnation. He took her to the HUTCHINSON house and cared for her. He pointed out the possibility of her getting employment outside of Buffalo. He ministered to her fancies as if he had been a doctor for the mind. And all the time the medical treatment commenced by Dr. ACHESON went on. And so that week drifted along."
     "Her relatives should have answered her letters. The very fact of her absence should have alarmed their love. That McPHERSON's aunt says she wrote her at the general delivery. Ethel never got any letter. I do not accuse the DINGLE family save to say that they should have considered the tenderness of her heart. They should have been more frank on the witness stand.
                                                                 STORE OF THE LAST WEEK
     "When Ethel DINGLE told McKAY that he would have to have medical treatment, he called in KENT as the physician and represented McKAY to him as a friend of the DINGLE family. She stayed two nights with McKAY, changing the applications every fifteen minutes and otherwise tending the sick man. Wednesday came, and, with it the day of deepest interest in the case. She received the letter from James DINGLE, which forbade her to go to her relatives in Canada. I shall not stop to detail her conduct when she broke down under this crowning injury. I need not tell again of the flight to the lake that night to commit suicide; of KENT's persistent pursuit and restraint of her and his finally threatening, when within a block of the lake, to call a policeman off his beat to prevent her until she asked the final question. Will you stay with me always? and answered in desperation, 'I will.'
     "That was her third night of sleeplessness. Some of them he had shared. Thursday the reaction was come. The promise he had made to her was like those justifiable deceits of medical men to soothe patients. In accordance with his promise the girl sat down and wrote him the letter addressed to CROSBY under date of September 11th. 'My darling, I am ashamed of myself and so on. 'It really seems as if no one cared for me and in time I know it will turn my mind.'  And then in the letter of Thursday she wrote, 'Eva, whom I love better than my life." KENT indorsed that on the back of the envelope, 'If this falls into the hands of any friend of mine, destroy it by fire.'"
                                                                   PRICE OF HIS DEVOTION
     "You must bear all this in mind in estimating the measure of mental balance left to Ethel; it had bee gradually tipping from the time Eva deserted her that afternoon until night; remember her condition in the General Hospital on Thursday when she told her troubles to McKAY and tried twice to tell Dr. FRISBIE about them on the roof of the hospital. And bear in mind that KENT all this time was pursuing her like a sleuth hound, trying to turn her into the arms of her family and enlist their assistance for her. He tells you that he told Eva on the doorstep that if she wanted to prevent her doing herself bodily harm, to call on her at the General Hospital.
     "Why else was KENT there talking to Eva?  The price he was to pay for his devotion to Ethel was contempt and exposure. He tells the truth and Eva wilfully denies it. He went back to the General Hospital and he and McKAY held a conference and remonstrated with Ethel, but she disregarded them and flew from the hospital. KENT got $5 because he did not have enough money. Then he went after her and overtook her at the corner of the hospital grounds. He had his hand on her shoulder and she, with head down-hung, was listening to his argument. Fortunately they were seen by Dr. GOETMANN and others. This man was doing something nobler than the barbarous member of society the District-Attorney will picture him would be capable of.
     "Then there is the story of her seeing Eva on the doorstep and of inconsequential remarks passing between them. She had to be getting back to the hospital; she had a patient there. Oh, was that all, Eva? And then after this conversation she comes rushing back to KENT and tell him they know of the Toronto trip. And while they are talking the girl comes rushing down upon them like a flaming herald of anger. You have seen the DINGLE S upon the stand, and you know that when that family becomes enraged it is beyond the point of reason. Eva burst into a tirade of abuse of KENT, and he saw there was no escape from the situation for Ethel but to get her away from town until he could change the direction of her thoughts and then he said, 'Come on, Ethel.'
                                                                WHY KENT WANTED BANK BOOK
     "You have the evidence of KENT so anxiously seeking his Syracuse bank book. It raises a question: Why did he go after it if he didn't have in mind some negotiations which required the use of a large sum of money?  He had enough for a trip to Rochester for a night or two. No money could be obtained upon the bank book except at the Syracuse bank, and that not before Monday. You heard the testimony of Mrs. TRAVERS, a vicious foe of KENT, whose evidence, like that of all the enemies of the defendant, has proved of use to the defense. She heard KENT ask for the Syracuse bank book. KENT didn't want that money for suicide. What was it for?"
     "The defendant had a boy's view of life. Nothing is so serious that two boys don't think they can fix up. He was boyish enough to think that by a liberal use of money he could get Harry DINGLE to give a different representation of the Toronto trip that would reinstate Ethel with her family. When we consider the character of Harry DINGLE, free-hearted, free-living; going off to the Boer war without telling his sisters, KENT's idea was not so impracticable after all."
     "Anne TRAVERS has moved in steps with the DINGLES and GRANT in this case, in the hope of accomplishing, by a conviction of the defendant, the separation from his wife which her persuasion failed to affect. The wife's testimony established that the razor was not in the bureau drawer any time within a year; that Annie TRAVERS was not in the room that night; that the room was in darkness, and she and KENT standing at the roll top desk in the other room. KENT did not want his wife to appear here, and I did my best to keep her out of the case. Her appearance proves that she is heart and soul with her husband and there must be some manhood in him when she sticks to him."
     Counsel discussed KENT's good prospects.  "To live was his thought; to die was hers." When the contention between them over their differing views on that point came to a close as the train passed Batavia. KENT commenced the letter to his father. He had then made up his mind to die if the girl did.
                                                                   FOR DYING WOMAN'S SAKE
     "He writes not like a cur, this man who has made up his mind to die. It was a man of sterling nobility of character with exalted traits, who wrote, thus when dying for a woman's sake. Was it the writing of one who could take the girl's life blood with a razor and then place the instrument of death in her hand?  Oh, God, how mean the thought in comparison with those words of his, 'don't think ill of her,' and all is due to me and I alone.'"
     In that week of agony, Mr. RAINES exclaimed KENT had touched the chord of self, has risen from the slough of past sin and, tested by tire, was going to his death for what he thought his duty. When he walked down to Eva DINGLE's house he took all of life and character and prospects he had and laid them prostrate at this girl's feet and said regardless of his own fate. 'Come and save your sister.' And he sat down and wrote his family that they should not curse the name of Ethel DINGLE for taking away from them their son and heir, the hope of the household.
     Mr. RAINES went over the happenings in room No. 147. He read her letter charging to GRANT the responsibility for all discoveries of the physicians after her death. He pointed out the mental condition of the girl as evidenced by her handwriting. Counsel dwelt upon the absence of means of death in the room and the improbability of a medical man dying by the razor. The suggestion of it to the man who loved her was enough to make him decide against death. The fondness of the opposite sex commented upon by the District-Attorney in KENT's make-up was accompanied by a tenderness towards women that made him unable to shed their blood.
     She offered to fix the draught for him, the natural work of a nurse, which she could do "automatically," without thinking, and he, who had fallen asleep, as was natural after the fatiguing events of the day, was awakened to drink off a bitter draught. The girl had passed into a state of hysterical irresponsibility and she was to go through the scene she had enacted in her mind a hundred times in the past year. It was her nature to cling unto death, and she would carry Lee KENT into the eternity that seemed the only cure for her troubles. She put the contents of the vials at random into the drink she gave him meaning to drug him and spare him pain. Then she undressed herself and prepared for death. And she drew the razor across his throat with a strange mixture of tenderness and resolution that made the wound not quite deep enough to be fatal. Turning away that she might not see him die, she killed herself.
                                                                 STATEMENT TO CORONER
     Mr. RAINES devoted nearly an hour to the consideration of the statement made to Coroner KILLIP at the hospital, and sought to show how impossible it is for any longhand statement to be accurate even when the person taking it down is practiced, which he was not in this instance, and asserting that no man should be held on any statement not taken in the form of question and answer. Mr. RAINES bitterly attacked miss ALLERTON, of the Homeopathic Hospital, for the "Mum's the word," alleged to have been discovered by her on the trial.  "She didn't say anything about it before the Coroner or the Grand Jury. It is a slang phrase of the college and would not have carried any significance anyway. KENT showed his willingness to talk by calling for reporters at the hotel and making a statement at the hospital."
     His summing up concluded with a peroration, in which he exhorted the jury to give as much chance to a good interpretation of his words and actions as the prosecution would ask in giving them a wicked aspect.
Rochester, Monroe, NY
Democrat & Chronicle
Sun May 17, 1903
 
KENT IN THE SHADOW OF THE PRISON WALLS
 
Declared Guilty by Jury After Short Deliberation
Sentence Will be Pronounced by Judge Sutherland To-morrow Morning-
Mr. Raines Says He Will Appeal If New Trial Is Refused-
Conviction on Third Count Of Indictment - Defendant Showed No Emotion-
Jury Out Less Than Three Hours. Kent Taken to Jail Until Sentenced -
Comprehensive and Impartial Charge of the Court.
 
Leland Dorr KENT, the young medical student, of Buffalo, has been declared guilty of assisting, aiding and abetting the suicide of Ethel Blanche DINGLE the pretty young nurse from the Riverside Hospital of Buffalo. The tragedy took place at the Whitcomb House, in this city, on the night of September 14, 1902, in room No. 147.
     Judge SUTHERLAND charged the jury yesterday morning, and at 12:30 o'clock it filed out to the jury room for deliberation. After procuring dinner the jurors commenced their deliberation, which proved to be of a not very lengthy nature.
     Shortly before 4 o'clock, court attendants were sent scurring out of the Court House to summon George RAINES, the defendant's counsel, and the defendant himself, to appear in court. The news that the jury had agreed on a verdict traveled rapidly and a crowd pushed into the court room and awaited the appearance of Judge SUTHERLAND and the attorneys.
     KENT soon appeared, walking erect and still wearing his nonchalant air, which has never left him during the long month which he has been on trial. He was slightly paler than usual, but displayed no nervousness or trepidation.
                                  THE VERDICT PRONOUNCED
     When the jury entered the room and had answered to the call of their names, amid an ominous silence, Clerk John H. FILLMORE(?) arose and said:  "Gentlemen of the jury, have you agreed upon your verdict?"
     "We have," replied Chauncey S. TODD, the white-haired foreman.
     "How say you, do you find the defendant guilty or not guilty?"
     "Guilty."
     KENT looked straight at the foreman, but his face never flushed or paled. He never moved a muscle or betrayed any emotion. He appeared to be the most unconcerned person in the court room.
     Judge SUTHERLAND then said: "Gentlemen of the jury, do you find the defendant, KENT, guilty of all the counts of the indictment, or only of one?"
     "Of one count: the third of the indictment," replied Foreman TODD.
     The third count charges Leland Dorr KENT with aiding, abetting, assisting and encouraging the suicide of Ethel Blanche DINGLE, and that for the purpose of carrying out her suicidal purpose he inflicted the mortal wound, she consenting thereto.
     Judge Sutherland then addressed the jury as follows:  "Gentlemen, this completes your duty in this remarkable case. I am confident that your verdict represents your candid  conviction and honest belief of the force of the evidence in the case.
     "What I have said to you as to reward coming to you is true. You have a sense of duty well performed, and one which the Court believes has been faithfully and well performed. I thank you for your services and excuse you from further service at this term of court. The Court will see to it that your fees are paid by the clerk of this court to-day. You are now discharged from duty."
                                                                     WILL SENTENCE MONDAY
     Attorney RAINES then approached the bench and moved for an arrest of judgment and a stay of proceedings, pending a motion for a new trial.
     Judge SUTHERLAND said that the matter might as well be settled at once, and that he would hear the argument on Monday morning, at which time he would pronounce sentence.
     KENT received the condolence of a few friends who were in the court room and then was hurried over to the Monroe County Jail, where he will be confined until sentence is pronounced or his counsel gets a stay of proceedings, and he is again released on bail.
     Attorney RAINES said that unless granted a new trial, he should appeal to a higher court from the conviction of the County Court.
     The trial of KENT for the crime of which he was convicted yesterday lasted for a month, and created widespread interest throughout the state. The indictment as found presented several peculiar features in that the four counts seemed to charge conflicting crimes. The second and fourth counts of the indictment charged that poison was used to cause death either by the hand of the dead girl or by the hand of the defendant. On motion of the attorney for the defense these counts were dismissed, but the first and third counts, which charged the use of the razor either by KENT or the dead girl, under an agreement to commit suicide, were held good, and the trial proceeded on these counts.
     The defense claimed that KENT, instead of aiding the girl to take her life, had for some time accompanied her about Buffalo to prevent her from accomplishing her design.
     The prosecution made good its claim that KENT not only joined her in the suicide pact but actually did the act himself by drawing the razor across the girl's throat, and then attempting to cut his own throat. The maximum penalty for the offense of manslaughter in the first degree is twenty years' imprisonment.
     A feature of the trial was the large numbers of women who attempted the hearings and watched with breathless interest every move of the defendant and the witnesses sworn. Judge SUTHERLAND characterized the crowds as "curious hunters."
                                                                  MR. WARREN'S COMMENT
     District-Attorney Stephen _. WARREN, who so ably conducted the case for the county, in response to a query said:  "It is a just verdict."
     A. Dorr KENT, the father of the convicted young man, who has so faithfully stood by his son during the long strain of the trial, appeared overcome by the verdict. He made no outward sign of distress, save that his face flushed and his hands clenched as the words were spoken which practically doomed his son to a living death.
     Mrs. KENT was not in the court room, nor was any of the DINGLE family or Dr. GRANT.
     District-Attorney WARREN closed his address to the jury at 11 o'clock yesterday morning and Judge SUTHERLAND commenced his charge which was an eminently fair one.
     The trial commenced April 6th, and was brought to a sudden end on April 13th by the indiscretion of Juror CONKLING, who talked about the case with outsiders, and was charged with expressing an opinion unfavorable to KENT. The jury was discharged from further consideration of the case and a new jury was drawn. The first jurors were allowed to go to their homes each night, but this fiasco the Judge decided that the second jury should be kept together under guard of the sheriff's officers. The rehearing of the evidence commenced on April 21st and the case was completed with the rendering of the verdict yesterday afternoon.
                                                                      THE JUDGE'S CHARGE
     Judge SUTHERLAND detailed the known facts relating to the tragedy, the finding of the letters, the handing down of the indictment and the inauguration of the trial. The Court explained at length the counts of the indictment, and what should be proven to determine the defendant's guilt under any or all of them, and the importance of deciding, from the condition and purpose of the dead girl, what her intentions were regarding suicide. Regarding the sacredness of human life, Judge SUTHERLAND said:
     "All human life is sacred in the eyes of the law, and although you should find that Ethel had brooded over her wrongs, real or imaginary, and had become despondent, had threatened suicide, and KENT had endeavored to dissuade her from such a purpose, and she, notwithstanding his expostulations, declared her purpose to be suicide, nevertheless, until the fatal cut was made there was the opportunity for repentance. She could have turned back even at the brink of the grave, and, desperate though she may have appeared to be, yet, if you find that KENT and she made an agreement to die together, and that agreement confirmed a purpose already strong in her mind, and helped smother the instinct of self-preservation, weak and flickering through it may have become, and that plan was put into execution, she dying, he surviving, you should find him guilty of manslaughter in the first degree.
                                                                     THE CONTROLLING ELEMENT
     "In order to find him guilty, it is not necessary for the people to prove that his aid or encouragement or assistance was the one controlling element or feature in her suicide. No such quantative analysis is required of a jury in such a case. It will be sufficient for the purposes of a conviction if you find that he willfully contributed any material inducement, encouragement, or assistance to her in carrying out her plan of suicide. The amount of his contribution to that end is not the essential thing here. Did he intentionally contribute anything by way of encouragement, physical or moral to her act of suicide?  If so, he should be convicted."
     The jurors, he said, would have the letters to show whether there was a suicidal compact, and cautioned them to consider Ethel DINGLE's peculiarities in determining whether she was an independent actor, or whether she was influenced by the acts of the defendant, and continuing, aside."
                                                                           A QUESTION OF FACT
     "But, gentlemen of the jury, it is entirely for you to decide as a question of fact here and not of law, whether her death and the wound upon the defendant were the consummation of an agreement which the defendant and she made and attempted to carry out. It is your duty under your oaths to give to this defendant the benefit of every reasonable, fair and honest doubt consistent with the credible evidence in the case, and if you find this claim is so far established as to raise a reasonable doubt as to whether he willfully rendered any aid or encouragement to her suicide, you should acquit him; but if the evidence here bears upon your mind so strongly that you see no reasonable doubt of the fact that he did willfully aid and assist her in this act of self destruction, then you must find him guilty.
                                                                     WHOSE HAND HELD RAZOR?
     "But there is before you the inquiry, 'Whose hand held the razor that cut the throat of this young woman? If it was the hand of the defendant, the character of the cut and the wound produced would seem to leave but little need for instructions from the Court as to your duty in the premises. The third count, as has been said, premising her death as suicidal, charges him with having used the razor upon her. If you find that he inflicted this wound upon her and that she died from the effects thereof, you should convict him on the third count of the indictment.
     "Now in considering this question of whether he cut her throat, it is imperative that you give careful heed to the position of her body and the blood stains and marks on and about it, the character and position of the wound, the blood stains upon the razor, the character of his cut and of the blood stains that came from it, and all the other evidence which may throw light upon this question. The razor was found in her left hand, and on the morning when they were discovered he said, in the hearing of the people who went into the room,  'Why didn't she do a good job?' One of the witnesses testified that he heard him say in substance 'She did the cutting,' and in the statement made to the coroner at the hospital on Sunday afternoon the witnesses say that KENT declared that she did the cutting. Were these statements made to shield himself?
                                                                            FOR JURY TO DECIDE
     "After he had performed the bloody deed did he place the razor in her hand in order to divert the responsibility from himself? This is a question which must be answered without the aid of eye-witnesses to the act, save the testimony of the defendant himself. It is a question in which the circumstances of the case must be considered by you to determine whether the proven facts surrounding this transaction, the circumstances which you find actually existed there at the time, are consistent or otherwise with the theory that she did the cutting."
     Judge SUTHERLAND referred to the testimony of Drs. PERRIN and SNODGRASS, the police officers and reporters as to what they heard and saw in the room at the hotel as among the early arrivals: their descriptions of the wounds, the presence and location of the blood, etc., also the relative positions of the couple, and of this said:
     "Now, gentlemen, you must use your best judgment in analyzing the evidence. If you find it is possible to account for her position on the bed, the freedom of blood stains upon her person, the marks on the razor, and the other circumstances disclosed here, with the theory that she herself cut her own throat, then you must adopt that theory, as the defendant is entitled to the benefit of every reasonable doubt, but if you find in the nature of things it would be impossible for her to have cut her own throat and presented the appearance which she did, then you must conclude that either KENT cut her throat or changed the conditions and appearance of things after she had done the act.
                                                                        A GRAVE RESPONSIBILITY
     "Gentlemen of the jury, the careful attention which you have given to the evidence on this trial and your manner throughout the entire proceeding  gives full assurance that after you have reached a conclusion the verdict which you pronounce will be the truth as it has been revealed.
     "The importance of this case has been impressed upon you. It is indeed one of profound gravity. You would not be men of flesh and blood were you not yourselves stirred to the depths of your nature by some of the features of this case, and all the greater reason there is that you steady yourself for the grave responsibility that you must discharge. Let not emotion or mere sentiment or sympathy carry you away. Let your verdict, whatever it shall be, speak the mind of twelve men who seek only the truth.
     "It is always to be said in a criminal trial that the defendant id presumed to be innocent, and must be acquitted by the jury, until the evidence of his guilt clears away all reasonable doubts from the minds of the jurors and leaves it clear to them that he should be convicted.
                                                                    BEYOND REASONABLE DOUBT
     "By 'reasonable doubt' is not meant some fanciful doubt which the imagination may conjure up by a forced process, but it means that fair, honest and reasonable doubt which a candid man may entertain who is alike careful that no injustice shall befall the defendant at the bar, and solicitous also that the high aims of public justice shall not be frustrated by a false and unrighteous verdict. Not then, in the spirit of revenge nor moved by sympathy, but with the high purpose to do your duty as God gives you the light to see it, you will weigh the evidence in this case and render a verdict under your oaths as you believe that verdict should be rendered. Let your action then be calm, deliberate, high-minded, as is befitting the importance of the cause; let your deliverance be righteous, and when in the coming years you shall look back upon this scene, and the minor incidents pass out of mind and many of the figures fade from memory, may there stand out before you, ever clear in outline, the figure of justice, with the words of truth upon her lips."
----<>----
DIED
 
BILLINGS - In this city, Saturday, May 16, 1903, at St. Mary's Hospital, James BILLINGS, aged 35 years. He leaves a wife and four children.
-Notice of funeral hereafter.
 
MACY - At his residence, Chilmark, in Avon, N. Y., Saturday, May 10, 1903, Silvanus J. MACY, in the 70th year of his age.
-Funeral services will take place at St. Luke's Church Monday afternoon. Hour of service will be given later.
 
DETMAN - At Pittsford, one and one-half miles west of this village, on Monroe avenue, Fred D. DETMAN, aged 44 years. Besides his widow, near surviving relatives are, his mother, Mrs. Dora DETMAN, of Penfield, two brothers, William, of Pittsford, and Henry D., of Perinton, three sisters, Mrs. Gusta SCHRIEB, of Brighton, Mrs. Minnie FOX, of Minnesota, Mrs. Sophia HOLLANDER, of Henrietta, also seven children, Mrs. Minnie LONGBINE, William DETMAN, Lizzie, Emma, John, Charles and Georgie, all of Pittsford.
-The funeral will be held on Monday afternoon at 2 o'clock, at his late residence, at Pittsford.
 
STORMONT - In this city, at the Hahnemann Hospital, Saturday, May 16, 1903, Peter STORMONT.
 

Rochester, Monroe, NY
Democrat & Chronicle
May 18, 1903

SYLVANUS J. MACY

(Photo)

Death of a Distinguished Citizen at His Home, "Chilmark," Near Avon

Sylvanus J. MACY who for twenty-five years was one of Rochester's most prominent residents, died at his home, "Chilmark," near Avon, aged 69(?) years, on Saturday night.

Mr. MACY was born in New York city. He came of distinguished ancestry dating to Thomas MACY, who lived in the parish of Chilmark, near Salisbury, England, prior to his embarkment to America in the year 1635. His grandfather and father were prominent in business and financial circles and he himself followed closely in their steps. Mr. MACY was greatly interested in genealogical records, and published a large volume of 457 pages entirely devoted to the genealogy of the MACY family from 1635 to 1?90. He was a gentleman of the old school, courtly, considerate and refined. His business relations here were many. He was vice-president of the Rochester Savings Bank, president of the board of trustees of the Homeopathic Hospital, and receiver of the old Rochester and State Line Railway. He was member of the Genesee Valley Club.

Mr. MACY is survived by his widow, a brother, W. H. MACY of New York; a sister, Mrs. W. M. KINGSLAND of New York; two sons, George H. and Silvanus J. MACY, Jr.; four daughters, Mrs. S. F. JENKINS, Jr., Mrs. E. Franklin BREWSTER, Mrs. Richard B. HARRIS and Mrs. A. Wentworth ERICKSON.

The funeral was held from St. Luke's Church this afternoon. Interment in the family burial plot in New York city.

Rev. Rob Roy CONVERSE, D. D., rector of the church, assisted by Rev. Edward P. HART, rector of St. Mark's Church, conducted the services. The honorary bearers were George ELLWANGER, Dr. W. S. ELY, H. F. ATKINSON, H. W. SIBLEY, Howard SMITH, Dr. W. A. KEEGAN, J. H. STEDMAN and J. DeWitt BUTTS.
****
DEATH OF MARY R. WATTERS

Mrs. Mary R. WATTERS died this morning at the residence of her son, John E. WATTERS, No. 273 West avenue, aged 55 years.

Mrs. WATTERS was the widow of William B. WATTERS; who was one of the leading merchants of the village of Charlotte and widely known throughout the county of Monroe. She lived in that village for many years but for the past twenty years had been a resident of Rochester. She was a sister of the late Rev. Patrick BYRNES, who was pastor of Immaculate Conception Church for an extended term. The funeral will be held from the residence of her son at 9:30 o'clock to-morrow morning and from the Immaculate Conception Church at 10 o'clock. Mrs. WATTERS is survived by four sons, George W., William F., Mortimer C. and John E. WATTERS.
****
Eliza BENSCHNEIDER died this morning at 81 Avenue E., aged 81 years. She is survived by one son and three daughters.

James WAGSTAFF, a pioneer resident of Rochester, died on Saturday at the home of his daughter, Mrs. George A. BOYD, No. 16 Backus street, aged 81 years.

Dora HIEFFERNAN died at the home of her daughter, Mrs. Nora HUCK, No. 131 Silver street, yesterday, aged 87 years. She leaves, besides her daughter, two sons, Patrick, of this city, and John of Moravia, N. Y.

Daniel LEAN died at the home of his daughter, Mrs. John STREB, No. 348 Portland avenue, yesterday, aged 77 years. He leaves three sons, Joseph of Brooklyn, and Edward and Christian of this city, and one daughter, Mrs. STREB.

Harry S. KIRBY died at his home, No. 181 Jones street, last evening, ages 60 years. He leaves his wife, four sons, Harry W., Edmond H., Adelbert A. and George S. KIRBY, and three daughters, Mrs. D. S. McKISSICK, Mrs. H. B. WALLACE and Mrs. A. WAGNER, all of this city.

Peter STORMONT died on Saturday at the Hahnemann Hospital, aged 63 years. Mr. STORMONT was run down by a spirited team on Monday and did not recover from the shock. He was one of the veteran engineers of the New York Central and had only recently been obliged to retire on account of ill health. He leaves four sisters, Mrs. T. FAGAN, Mrs. J. S. McKEE and Misses Maggie and Mary STORMONT, and one brother, Charles STORMONT. The funeral will take place from the family residence, No. 51 Ward street, to-morrow afternoon at 3 o'clock.

William Volney SMITH died on Saturday in Syracuse, aged 41 years. Mr. SMITH was born in Rochester and had lived here nearly his life. He left Rochester to become manager of a Honeoye Falls paper and also worked at his trade as linotype operator in New York city. At the time of his death he was employed on the Syracuse Herald. He was a member of Yonnondio Lodge, F. and A. M., of this city and of Empire State Chapter, Sons of the American Revolution, and of the Fourth Presbyterian Church, Syracuse. The remains will be brought to this city for interment.
****
FRANK A HILLS

Funeral of Veteran Letter Carrier, who died suddenly last Thursday, was held from the family residence, No. 49 Fulton avenue, at 2:30 o'clock yesterday afternoon. The services were conducted by Rev. C. A. BARBOUR, pastor of Lake Avenue Baptist Church, and were largely attended by the many friends and acquaintances of the deceased, who had known him during his long residence in Rochester. Among those present were Postmaster GRAHAM, Assistant Postmaster WHITTLESEY, Superintendent of Carriers VICK, and many letter carriers and postoffice clerks.

The funeral procession from the house part way to Riverside Cemetery, where the interment was made, was escorted by over 100 of the letter carriers, which act proved the high esteem in which the deceased was held by his fellow employees

The six oldest carriers of the Rochester postoffice acted as bearers. They were William H. JAMES, W. S. BRADT, J. P. KISLINGBURY, H. Wright BROWN, Jacob C. SUTOR and N. G. LOVELACE.
****
DIED

STORMONT - In this city, Saturday, May 16, 1903. Peter, eldest son of the late Mary STORMONT, aged 63 years.
-The funeral will take place from the family residence, No. 51 Ward street, on Tuesday at 3 p.m.

WATTERS - Mrs. Mary R.
-Funeral from 273 West avenue, Wednesday morning at 9:30 and at the Immaculate Conception Church at 10 o'clock.

STONE - At her home, 494 St. Paul st. May 18, 1903, Maria A., beloved wife of Mortimer F. STONE and mother of James CONNELL, Mrs. H. J. RUGGE of Chicago, Mrs. Arthur THOMPSON of Oklahoma City, and Fred STONE of this city.
-Notice of funeral hereafter
****
A FORTUNE AT STAKE

Mrs. Gunning Bedford Arraigned in London Court - Statement of Detective

London, May 18 - Mrs. Gunning BEDFORD, who is charged with giving false information to the register of births at St. Pancras concerning a child, was brought up in Bow street Police Court to-day to answer the charge. Solicitor Harry WILSON defended the accused.

Inspector GOUGH, who arrested Mrs. BEDFORD on her arrival at Liverpool from New York, Saturday, testified that when he took the prisoner in custody she said: "I suppose this is with respect to my husband's money?"

The detective said he had not yet examined Mrs. BEDFORD'S luggage.

On application of Solicitor WILSON the magistrate directed that the ?14 sterling found on the prisoner should be returned to her. The question of bail will stand over till the next hearing.

The events which led up to Mrs. BEDFORD'S arrest are in effect as follows: When Gunning S. BEDFORD, the husband of the accused woman, died in Paris recently, he left $350,000 which in case he left no heir, should revert to the nearest relative of his uncle. Relatives of the late Mr. BEDFORD, who would profit by his leaving no child, charge that his widow, having no child by her husband, obtained a child and is now putting this forth as her own.
****
DEATH OF BISHOP STARKEY

East Orange, N. J., May 18 - Thomas Alfred STARKEY, bishop of the Episcopal diocese of Newark, died yesterday as a result of old age. He was 84 years old. Soon after his ordination in 1848 he was called to Christ Church in Troy, N. Y., from there going, in 1854, to St. Paul's in Albany, and four years later taking the rectorship of Trinity Church, Cleveland, O. There he remained until 1869, when he became rector of the Church of the Epiphany in Washington. He was elected bishop of Newark in October, 1879.
****
SORREL HORSES WASN'T THERE

A motion to punish John RYAN, of Waterloo, for contempt of court, was denied by Justice DUNWELL in Special Term Saturday. When a sheriff went to levy on a sorrel horse that RYAN said he had in collecting a note of $80 due on a black horse, he found only a bay horse in the stable. Justice DUNWELL has given an order for levy upon the bay horse.
****
RODE ON FREIGHT TRAIN

Edward BAKER, 16 years old, and Carl BAKER, one year older, were arrested at the new York Central station by Policeman MULCAHY and Railroad Detective HUDBURT for riding on freight trains. (Didn't get the rest)
****
SWEDEN FARMER'S FATAL DOSE OF ACID

William QUINN, a farmer living about a mile south of Brockport, in the town of Sweden, yesterday drank a fatal dose of carbolic acid, from which he quickly died. He was about 60 years old. Excessive use of liquor is thought to have driven him to his insane act. Coroner KILLIP was notified, and will go to Brockport this morning and investigate the case. The dead man was not related to any other family of that name in the town of Sweden.
****
DIED

BILLINGS - the funeral of James BILLINGS, who died Saturday, will be held at 3 P. M. Monday, May 18th, from the house, No. 1 Osprey street.

KIRBY - In this city, at his late residence, No. 181 Jones street, Harry KIRBY, Sr., aged 60 years.
-Notice of funeral hereafter.

STORMONT - In this city, Saturday, May 16, 1903, Peter, eldest son of the late Mary STORMONT, aged 63 years.
-The funeral will take place from the family residence, No. 51 Ward street, on Tuesday at 3 P. M.

WAGSTAFF - In this city, on Saturday, May 16, 1903, James WAGSTAFF, aged 81 years and 3 months.
-The funeral will take place from the home of his daughter, Mrs. George A. BOYD, No. 16 Backus street, to-day (Monday) at 3 P. M.
****
MORTUARY RECORD

The death of Peter STORMONT, a veteran engineer of over twenty-five years' experience, occurred Saturday evening at the Hahnemann Hospital, where he had been taken to recover from injuries received as a result of his being run over by a spirited team last Monday. Mr. STORMONT was the oldest son of the late Mary STORMONT, one of the earliest settlers in the eastern part of the city. He is survived by four sisters, Misses Maggie and Mary STORMONT and Mrs. T. FAGAN and Mrs. J. S. McKEE, and one brother, Charles. He was recently obliged to retire from railroad service owing to ill health, and was endeavoring to regain his strength at the time of the accident that resulted in his death.

Harry S. KIRBY died at his late residence, No. 181 Jones street, yesterday evening. Besides his wife, he leaves four sons, Harry W., Edmond H., Adelbert A. and George S., and three daughters, Mrs. D. S. McKISSICK, Mrs. H. B. WALLACE and Mrs. A. WAGNER, all of this city.

Daniel LEAN died yesterday morning at the residence of his daughter, Mrs. John STREB, of No. 348 Portland avenue, aged 77 years. He leaves three sons, Joseph, of Brooklyn, N. Y.; Erward and Christ, of this city, and on daughter, Mrs. STREB.

Dora HEIFFERNAN died yesterday morning at the home of her daughter, Mrs. Nora HUCK, No. 131 Silver street, aged 87 years. Besides her daughter, she is survived by two sons, Patrick, of this city, and John, of Moravia, N. Y.

The funeral of Silvanus J. MACY, who died Saturday evening at his home near Avon, will be held this afternoon from St. Luke's Church, at 4 o'clock. The interment will be at the family burial plot in New York city.

James WAGSTAFF, died Saturday at the home of his daughter, Mrs. George A. BOYD, No. 16 Backus street, aged 81 years.
****
MRS. LELAND DORR KENT IN A STATE OF COLLAPSE AT BUFFALO

Wife of Convicted Medical Student in Delirious Condition and Fears Are Entertained
That She Will Lose Her Mind as Result of His Conviction

A dispatch to the Democrat and Chronicle from Buffalo last night says that Mrs. Leland Dorr KENT is in a state of collapse as the result of her husband's conviction Saturday. The dispatch follows:

"Buffalo, N. Y., May 17 - Since her arrival in this city Mrs. Leland Dorr KENT has broken down and is now in a delirious condition at the home of KENT'S father on Fargo avenue. Mrs. KENT was much downcast when informed of the conviction of her husband on Saturday, but it was not until she reached the KENT home that she began to show signs of mental distress.

The family physician, who was called to attend her, has summoned Dr. CREGO, the well known specialist on disease of insanity. The two doctors have been with Mrs. KENT all afternoon and evening, and grave fears are entertained that her mind will become unhinged.

"Mrs. KENT had implicit faith in her husband's innocence, and they had planned to begin life anew when, as she believed, KENT would be acquitted."

KENT A MODEL PRISONER
 
Mrs. Kent Left for Her Buffalo Home Early Sunday Morning
 
L. D. KENT, the young Buffalo medical student, under conviction of manslaughter in the first degree and awaiting sentence for causing the death of Ethel B. DINGLE, of Buffalo, by cutting her throat at the Whitcomb House last fall, is a model prisoner, according to Jailer BIRDSALL. KENT spends his time in reading and smoking and is quiet and cheerful. He is a great smoker, using cigarettes, pipe and cigars indiscriminately and incessantly. He reads the magazines and newspapers since his last incarceration, although when confined at the jail last fall, before being released on bail, he read his medical works almost exclusively, hoping to keep up with his studies.
     Mrs. KENT, his wife, left the Gerard Hotel yesterday morning for her home in Buffalo. She was considerably affected when informed of the conviction of her husband.
----<>----
ROCHESTER COTTAGE ASSOCIATION
 
The Rochester Cottage Association is making arrangements for the opening of their cottage at the summer school at Cliff Haven on or about July 1st. This is earlier than usual owing to the convention of teachers that will be held there the first three days in July. The following are the officers of the Rochester Association: President, Rev. Thomas A. HENDRICK; vice-president, Phillip YAWMAN; secretary, James C. CONNOLLY; treasurer, Charles P. BARRY; counselor, William J. CAREY; manager, Elizabeth KEHE.
----<>----
SPECHT FAMILY IN LOCKPORT MADE HAPPY BY NEWS OF PARDON
 
Martin Specht, Son, Husband and Father, Will be Released From
Auburn Prison in 1905, to Which Institution He Was Sentenced for Life
 
There was a touching scene at the SPECHT home, on Prospect street, Lockport, where the mother keeps a little grocery, when word was received there yesterday that Martin SPECHT, sentenced to life imprisonment in November, 1888, had received a commutation by which he would be released March 15, 1905. SPECHT left a wife and seven children when he was taken away to Auburn, presumably to remain behind prison bars as long as he lived. Since that dark day one of the children died.
     The case was a notable one. Martin SPECHT came of a prominent family and has influential relatives in Lockport who have worked unremittingly for a pardon. Through Senator ELLSWORTH's influence the commutation was obtained very largely, although former District-Attorney D. E. BRONG favored and worked for the release. SPECHT had a quarrel with a bartender named John GRAY, employed by COLLINS, on Pine street. It seems GRAY accused him of owing a small bar bill, which SPECHT disputed. After the quarrel SPECHT went home, procured his revolver, on the way back bought some cartridges and returned to the saloon. He renewed the quarrel and shot GRAY fatally. Public sentiment ran high, although opinion was divided. Premeditation was shown clearly, but the jury, apparently, took into account the fact that the deed was done in a fit of drunken anger. Congressman Richard CROWLEY conducted the defense most ably, making one of the most marvelous appeals to the jury ever heard in the state. District-Attorney BRING appeared for the people and was also brilliant. He was assisted by Eugene M. ASHLEY in the prosecution. SPECHT is now about 48 years old.
----<>----
NIAGARA
 
Peter Wolski Killed at Niagara Falls by Being Thrown in Front of Trolley
 
This afternoon while Peter WOLSKI, aged 28 years, was either racing with or trying to pass an electric car on Buffalo avenue, this city, his wheel slipped and he was thrown in front of the trolley. He was picked up on the fender, and his skull was fractured by striking the car with great force. He died within half an hour in the Memorial Hospital. WOLSKI was unmarried and boarded with George SMITH on Eleventh street. Coroner SLOCUM was notified and had the body removed to an undertaking establishment.
     An inquest will be held and a thorough investigation made.
----<>----
GEORGE R. KEEP
 
Death of a One Time Prominent Citizen of Lockport
 
George R. KEEP, at one time a prominent citizen of Lockport, died very unexpectedly at his home on High street Saturday morning, aged 66 years. He was a brother of Augustus KEEP, one of Lockport's wealthiest citizens. He is survived by one son, Ralph KEEP, of Lockport. Mr. KEEP was years ago engaged in the clothing business with his brothers in Lockport. They prospered and George went to Chicago to engage in the shoe manufacturing business. He lost a fortune there, it is said.
     The last five years, since the death of John HODGE, deceased had assisted Mrs. HODGE in the management of her large estate.
----<>----
     Mrs. Mary BURKE, who resides in Darien with her daughter, Mrs. Bridget SCANLAN, met instant death Saturday morning at 7:10 on the tracks of the Lehigh Valley Railroad, near Longwood, about a mile east of the village of Corfu, while on her way to early mass in the latter village. She was accompanied by Bernard and Thomas SCANLAN, aged 8 and 10, respectively. Both little fellows saw the frightful accident, and although Bernard saw the danger of his grandmother and tugged at her skirts to get her off the track, he and his brother were powerless to prevent the sad fatality.
----<>----
ROCHESTER BOY WON FIRST PRIZE
 
Ocumpaugh ORATORICAL Contest Was Exciting
Herbert N. Howard, of Amphictyon, Carried First Honors -
Margaret Chamberlayne , of Avoca, for Browning, Was Second.
 
The tenth annual Ocumpaugh Oratorical Prize Contest, between Browning, Amphictyon, Ingelow and Lyceum societies of Genesee Wesleyan Seminary, took place Friday evening in College Hall, at which time Herbert N. HOWARD, of Rochester, Amphictyon, won first place and $15 in gold, and Miss Margaret CHAMBERLAYNE, of Avoca, Browning, took the second prize of $10 in gold.
     This makes the fourth year in succession that Amphictyon and Browning have carried off the honors of this suspicious occasion. The judges on writing and delivery were as follows: Rev. S. W. PURVIS, of Gowanda; Professor BRIGGS, of Rochester, and Rev. M. BARSTOW, of Caledonia. This contest was the school event of the year, and as usual the society spirit ran high. Society colors were very much in evidence, and after the contest the air was fairly rent with yells.
     Mr. HOWARD's oration was entitled "The Contest for World Supremacy." Miss Margaret CHAMBERLAYNE had for her title "The Queen of the Nineteenth Century," while "And What Follows?" was the subject of Miss Ella CRANDALL, of Lima. Hampton HALSEY, of Ithaca, spoke on Beyond the Rockies."
     The blowing of horns, giving of society yells, parades, spreads, etc., concluded the evening's exciting programme.
May 19, 1903

MONROE

Death of James B. Lewis, of Scottsville, From Apoplexy

The death of James B. LEWIS, a well-known and highly esteemed resident of Scottsville, occurred at his home on Caledonia avenue, yesterday morning, from apoplexy.

Mr. LEWIS was 70 years old and a life-long resident of Scottsville. For a number of years he had been a traveling salesman for Rumsey & Co., of Syracuse, and was in their employ at the time of his death. He is survived by his widow, one son, Zephiniah, of Geneva, Ohio, and a daughter, Mrs. A. J. MILLER, of Olean.
****
DIED IN KANSAS

The death of Augustus HARMON of Cheney, Kan., has been telegraphed by a brother, Eugene E. HARMON, of Mumford. Mr. HARMON, with his brother, Edwin HARMON, of Le Roy, has gone to Chicago to meet the funeral train and will accompany it from there to Glenellyn, Ill., where interment will be made. The deceased will be remembered by many of the older inhabitants as the son of the late Ira HARMON, one of the most prominent families of that section of country.
****
SAGE ASSAULTED HIS FATHER

Wilbur SAGE was arraigned in the Brockport police court yesterday morning as a result of violence practiced on his father Sunday afternoon. The family resides in the Johnson block on King street Sunday afternoon Wilbur came home in rather an ugly frame of mind. He kicked the stove apart, broke up some of the furniture and assailed his father with it. The latter defended himself as long as he could, but was finally obliged to flee from the apartments. Summoning assistance from Officer Giles R. HOYT he turned the violent man over into his custody. When arraigned before Justice MANN. SAGE was very repentant and his father was willing to give him another trial. After reprimanding him severely. Justice MANN suspended sentence pending his good behavior.
****
JOSIAH H. NEWTON

Intelligence was received at Pittsford of the death on Saturday of Joshia H. NEWTON, of Pittston, Pa., aged 57 years. He formerly resided at Pittsford and was a son of the late Eliza and Solomon NEWTON, Mrs. Egbert KNICKERBOCKER and Mrs. O. J. HALL, all of Pittsford; also Mrs. Jennie CLOUGH, of Rochester. Mr. NEWTON had been an engineer on the Lehigh Valley Railroad for thirty years, and was highly esteemed by a large circle of acquaintances. The funeral was held at Pittston yesterday. Besides his widow, five children survive.
****
MRS. CHARLES TRIGG

Mrs. Charles TRIGG of Scottsville, died at her home in that village Sunday afternoon, aged 36 years, after an illness of two weeks, death resulting from blood poisoning. Mrs. TRIGGS is survived by her husband and four children, Arthur, Richard, Lydia and Anna.
****
HIGH SCHOOL TEACHER ENGAGED

Miss Lucia RYAN has been engaged by the Board of Education at Rushford as one of the teachers in the Rushford High School during the coming year.
****
Miss Edna B. KENT of Honeoye Falls was married to George W. HAWKINS, of Victor, Sunday, by Rev. A. J. FUNNELL, at the Presbyterian parsonage, Honeoye Falls.
****
WAYNE

Alarming Death Rate at Sodus - Edward F. Houghton Latest to be Taken

The death rate at Sodus is alarming. Yesterday morning Edward F. HOUGHTON, a prominent merchant , died , aged 46 years. He had been ill several weeks. He was one of the most popular men in Northern Wayne county. Mr. Houghton was born at Lyons, and moved to Rose when a lad. He was a successful merchant there, but came to Sodus to establish a business, from which he later retired on account of ill health. He had just purchased another business when he was taken ill.

Mr. HOUGHTON was a member, of the Free and Accepted Masons, and of the Sodus Burial Association. The survivors are a widow and three children, Blanche, Alice and Lois HOUGHTON, all of Sodus. The Masonic fraternity will have charge of the funeral arrangements.
****
JOHN BELL

Death of Prominent Farmer of Sodus Result of Accident

Sunday night John BELL, aged 35 years, a farmer, died as the result of an injury which was received the previous evening, when he was going toward his home, two miles west of Sodus village, on a load of coal. He fell from the wagon and the wheels passed over his body. His breast bone was broken and internal injuries resulted. About three hours after the accident he went to Sodus village to consult a physician. It was not believed that he was seriously injured.

Coroner Robert S. CARR, of Williamson, was also summoned. He announced that the man could not live, and he died within a few hours. Mr. BELL was a sailor in the early part of his life, but the past few years has been a successful farmer. He is survived by his parents, Mr. and Mrs. Charles BELL, of Sodus, and three brothers, Kitchell BELL, of Rochester; Joseph BELL, of Newark, and Frederick BELL, of Sodus.
****
SCHUYLER

Death of One of Watkins' Oldest Residents Yesterday

Mrs. Mary A. STERLING, one of the oldest residents of Watkins, died there yesterday morning in her 87th year. She was a native of Otsego county, but spent the greater part of her life in Steuben and Chemung counties.

She is survived by seven sons and one daughter; John and D. A. STERLING, of Watkins; Warren STERLING, of Sugar Hill; Joseph, Albert, Buell and Lowell STERLING, of Millport, and Mrs. N. P. FULKERSON, of Glenora.
****
CARPENTER INJURED BY FALL

Aaron C. BURCH, a Watkins carpenter, was seriously hurt while working on Charles COLEMAN'S building yesterday afternoon. He stood on a ladder, placing a second-story window ledge, when he lost his balance and fell to the sidewalk, the heavy stone going down with him and breaking his left leg near the hip.
****
MARY P. LEWIS

Miss Mary P. LEWIS, of Watkins, whose death occurred Saturday night, was buried at Montour Falls yesterday afternoon.
****
CASES IN CIVIL COURT

A. O. Benjamin Receives Verdict for $600 as Against Olean Street Railway

Civil Court convened at Little Valley yesterday, when the case of Perry WHITE vs. The Pennsylvania Railroad Company went on trial. Plaintiff sues for $1,000 for the loss of an eye, which was sustained by being hit with a knot which flew from a board he was sawing.

In the civil case of A. O. BENJAMIN vs. the Olean Street Railroad, the jury brought in a sealed verdict on Saturday. When opened to-day it was found to give Mr. BENJAMIN a verdict of $600.
****
Dr. Gardner Whipple

Dr. Gardner WHIPPLE, of Cuba, one of the best known man in Alleghany county, and a dentist of thirty years practice, died at 2 o'clock yesterday morning of pneumonia, aged 50 years. He is survived by his wife and two children, one son Harry, and one daughter, Mrs. P??? MORGAN, of Cuba. Dallas WHIPPLE, the well known oil magnate, is a brother.
****
MORTUARY RECORD

The funeral of the late Sylvanus J. MACY, whose death occurred Saturday evening at his home, "Chilmark," near Avon, was held yesterday afternoon from St. Luke's Church, at 4 o'clock, Rev. Rob Roy CONVERSE, D. D., rector of St. Luke's, assisted by Rev. Edward P. HART, rector of St. Mark's Church, conducted the services. The honorary bearers were George ELLWANGER, Dr. W. S. ELY, H. F. ATKINSON, H. W. SIBLEY, Howard SMITH, Dr. W. A. KEEGAN, J. H. STEDMAN and J. DeWitt BUTTS. The alter was covered with many beautiful floral tributes, and the church crowded with the many acquaintances and friends of the deceased.

The funeral of Mrs. Mary R. WATTERS, who died Monday morning, will be held from the residence of her son, John E. WATTERS, of No. 273 West avenue at 9:30 o'clock to-morrow morning, and from the Immaculate Conception Church at 10 o'clock. Mrs. WATTERS was a sister of the late Rev. Patricia BYRNES, who was pastor of the Immaculate Conception Church for many years. The bearers are four sons, George W., William F., Mortimer C., and John E. WATTERS.

Harriett, wife of Dr. Donald McPHERSON, of Palmyra, died Sunday afternoon at the Lee Hospital, aged 42 years. She leaves besides her husband, three children and her father, Frank P. ROGERS. She was an active member of the First Presbyterian Church of Palmyra, and was much respected in her home village.

Mrs. Catherine TERRELL died yesterday at the home of her niece, Mrs. George SUTHERLAND, No. 1386 Main street east.

Maria A. STONE died yesterday at her home, No. 494 St. Paul street, aged 79 years.

Leopold LEHMAN died yesterday at his home, No. 60 Nassau street, aged 78 years

James B. LEWIS died yesterday at Scottsville, aged 69 years.
****
BANQUET OF MISS WRIGHT'S CLASS

The annual banquet of Miss Marion WRIGHT'S class, of the Brick Presbyterian Church, was held at Powers Hotel last night. Covers were laid for thirty-five persons. After, the banquet, the officers whose names follow, were elected President, Miss Isabelle GEDDES: vice-president, Mrs. Anna VINCENT; secretary, Mrs. Jennie B. HADLEY; assistant secretary, Mrs. Bertha KRULL; treasurer, Miss Rose BETTS; assistant treasurer, Miss Mae SANFORD.
****
PLASTER OF PARIS EXTINGUISHER

Druggist George GILLESPIE, of No. 448 Lyell avenue, last night effectively used plaster of paris as a fire extinguisher. He accidentally dropped a lamp. The oil caught fire and sent the flames running over the floor. Mr. GILLESPIE seized a quantity of the flour-like plaster and dashed it on the burning oil. It acted quickly and with remarkable effectiveness. A person who happened in the store at the time became excited and sent an alarm from box No. 75, just across the street. The firemen had the run for nothing, as the blaze was all out when they arrived.
****
HAYES INNOCENT OF THEFT

James HAYES, against whom there were two charges of petit larceny, was discharged yesterday in police court, through the efforts of his attorney, John J. McINERNEY. HAYES was charged with stealing a beer pump from Fred TALLMAN and also accused of flim-flamming a farmer named Jacob VAN BROTEL out of $2, by selling him a load of manure which did not belong to him. On cross-examination, VAN BROTEL failed to identify HAYES as the man who had swindled him and the defendant was discharged.
****
LOSS AND RECOVERY OF $40

Martin FEEHRY, employed at the Erie station, yesterday morning reported to police headquarters the loss of $40. He did not know whether he was robbed or not. Last night, while standing in the station yard, a little ragamuffin ran up to him and thrust $40 into his hand. The boy as quickly ran away, leaving the astonished man gazing at the money and counting it.
****
A FAREWELL SURPRISE

Robert GRAY and family, of No. 261 Maple street, who will remove to Falls Creek, Pa., were tendered a farewell surprise by a large delegation of Scottish friends last night. James WATTS, in behalf of the guests, presented Mr. and Mrs. GRAY with a gold clock and some silver spoons. Before departing, they sang "Will Ye No Come Back Again?"
****
DIED

WATTERS - The funeral of Mrs. Mary R. WATTERS will be held from the residence of her son, John E. WATTERS, No. 273 West avenue, Wednesday morning at 9:30 and 10 o'clock at the Immaculate Conception Church.

KIRBY - The funeral of Harry KIRBY, Sr., will be held from his late residence, 181 Jones street, Wednesday at 3 P. M.

Lewis - At Scottsville, N. Y., Monday, May 18, 1903, James B. LEWIS, aged 69 years.
-The funeral will take place at Scottsville, N. Y., on Wednesday, May 20th, at 2 P. M.

TERRELL - In this city, Monday, May 18, 1903, at the home of her niece, Mrs. George SUTHERLAND, No. 1386 Main street east, Mrs. Catherine STAATS TERRELL.
-Services at the house Tuesday, 4 P. M. Interment at Muryall, Conn. Only relatives invited.
----<>----
TWENTY YEARS AT HARD LABOR
 
Full Penalty of the Law For Kent
Steps For A New Trial
Application for Reasonable Doubt Certified to be Heard by
Justice Davy at Penn Yan To-morrow Night - Condition of Mrs. Kent.
 
Leland Dorr KENT was sentenced by County Judge SUTHERLAND yesterday to twenty years imprisonment at hard labor in Auburn State Prison, the maximum penalty for a conviction of manslaughter, first degree. Notice of application for a certificate of reasonable doubt, under which the defendant's bail bond may be renewed, was immediately served upon District-Attorney WARREN, and argument will be heard by Justice DAVY in chambers at Penn Yan at 8 o'clock to-morrow night. Mr. RAINES served notice of appeal to the Appellate Division from the sentence and conviction at the same time.
 
George RAINES made the formal motion for a new trial on statutory grounds, which was denied, as was a motion for arrest of judgment on the grounds that the crime charged in the verdict is not stated in the indictment. When asked the customary question whether he had any legal cause to show why sentence should not be passed in his case at this time, KENT referred to his counsel. Mr. RAINES argued briefly on the strength of the evidence that KENT resisted the girl's intentions of suicide so long that it was not the case for the infliction of the extreme penalty. KENT's statement was taken by the stenographer, and Judge SUTHERLAND then delivered the sentence, following being a copy of his remarks.
     Leland Dorr KENT, the jury has found that you, with your own hand, inflicted the wound upon Ethel Blanche DINGLE by which she met her death. They reached that conclusion after a trial of four weeks which was remarkable in the skill with which the defense was conducted. Every opportunity which could be afforded you to show your innocence in this case was given.
     For myself, I will say that I concur entirely in the conclusion which the jury arrived at as to the manner by which Miss DINGLE met her death. I cannot conceive how it would be possible for her to present the appearance which she did present, had she cut her own throat; and it seems probable from all the evidence in the case that she was not conscious when she received that mortal stroke at your hand.
     The statute making the act of aiding another in the commission of suicide, manslaughter in the first degree, is the statute under which you have been indicted and convicted. Under state statute the supposition is that she was the principal actor and that your part in it was subsidiary and incidental only. But I have no doubt that her wish to die, her consent to die and her participation to some extent in the preliminary preparations for death would not have necessarily absolved you from the graver charge of murder, if you had been indicted for that offense, because you willfully, knowingly inflicted the mortal wound. Her wish and consent do not necessarily relieve you from the charge of murder.
     But the Grand Jury, considering all the circumstances in the case, were doubtless brought to the conclusion that an indictment for manslaughter would permit full justice to be done. I will leave for others the duty of pointing out the moral lesson that is written all over the case. The few weeks prior to this tragedy may have had for you some temporary allurements and pleasures, but that kind of life inevitably leads down to disgrace, dishonor and death.
     And now, sir, the duty is on me to pronounce an appropriate judgment. I have considered the facts in this case very carefully. Your counsel has spoken persuasively for you. But I cannot see my duty in any other way than to pronounce upon you the full penalty of the law, which is, that you be confined in the state prison at Auburn at hard labor for the term of twenty years.
     A special dispatch to the Democrat and Chronicle from Buffalo says the condition of KENT's wife is unchanged. Drs. KEYES and CREGO stated that her mind was a blank and that she continually calls for her husband, believing that he was acquitted. It is impossible to say with certainty at this time, the physicians say, whether she will recover her mind. Absolute rest has been ordered and only the nurses and physicians are permitted to see her.
     Dorr KENT remained in Rochester yesterday and stated that the case would be fought to the court of last resort. KENT's friends are hopeful that the certificate of reasonable doubt will be granted. KENT's bail of $5,000 would then, probably, be increased and he would be allowed his liberty pending appeal. KENT can earn seven years and five months' commutation of his sentence by good behavior, and there is always the possibility of a parole board or Governor of the state looking at his case with sympathetic eyes and shortening the term of twelve years and seven months.
     There is some criticism of the policy of keeping the jurors in custody during the trial. The hotel bill alone of the George A. SMITH jury, in a trial about the same length as that of KENT, was audited by the Board of Supervisors at $819. In the KENT case the jurors received the extra allowance which it lies in the discretion of the Court to grant, and were paid $4 per day. Sheriff BAILEY had to watch the dozen men like a hen with a brood of chickens. Men taken from widely varying trades and walks of life, and consigned to the monotony of the jury box chairs for six hours a day, for a month, are liable to all kinds of illnesses. One of them nearly necessitated a third trial, toward the end of the one just closed, by partaking too freely of the innocuous combination of cucumbers and ice water. The services of a physician were required to get him around for court in the morning.
     It is thought by many lawyers that the warning delivered by Judge SUTHERLAND, noon and night, during the trial, together with their oaths when chosen upon the jury, ought to be as good a guaranty of the honesty and discretion of the jurymen as it is possible to get. The monotony of life on the hotel veranda was enlivened for the jurymen by walks in the company of deputies and by drives.
----<>----
WILL BE TAKEN TO OHIO
 
Maude A. DUMOND, the young woman arrested in this city Saturday for being a fugitive from justice, was arraigned in police court yesterday. It is alleged that she swindled a Conneaut, Ohio, woman out of $300 which she paid to the young woman to get her a husband. Application was made in County Court yesterday, by Attorney Louis JACK, to have his client released on bail pending a hearing in the case, which will be held on Thursday. She will probably be sent back to Ohio.
----<>----
BURGLARS BUSY AGAIN
 
Burglars gained an entrance into the homes of Richard H. COTCHFER, of No. 14 Tremont street, and Fred H. MARCELLUS, of No. 164 Tremont street, on Sunday night. From the first house they made a haul of jewelry, consisting of several rings and a number of trinkets. In the second house the thieves made a thorough search for plunder but failed to get any. Entrance to both houses was gained by forcing rear windows with a jimmy.
----<>----
RECEIVING STOLEN PROPERTY
 
Peter UHLEN, arrested on Saturday for receiving a quantity of coal said to have been stolen by drivers from loads delivered to houses, was arraigned in police court yesterday, a charge of receiving stolen property. He plead not guilty and will be given a hearing next week. He was committed to jail.
----<>----
ARRESTED FOR LARCENY
 
B. H. KEEGAN was arraigned in police court yesterday on a charge of petit larceny. He pleaded not guilty and will be given a hearing to-morrow. It is alleged that KEEGAN appropriated $9.91 which belonged to his employer, Clarence W. PAGE.
May 27, 1903
MARRIED

BACON - COWPERTHWAIT - On Thursday, May 14, 1903, at Christ Church, Ridgewood, New Jersey, by the Rev. Henry R. LOCKWOOD, D. D., assisted by the Rev. Edward H. CLEVELAND, Eleanor, daughter of Frank H. COWPERTWAIT, Esq., and Leonard Beaumont, son of the late Theodore BACON, of Rochester.
****
DIED

CORNWALL - In this city, Monday, May 25, 1903, at his home, No. 363 Oxford street, J. Byron CORNWALL, aged 55 years.
-Funeral from the house Wednesday, May 27th, at 2:30 P. M. Burial private.

WOODWARD - In this city, Monday, May 25, 1903, at her home, on West avenue, Mary F., wife of H. H. WOODWARD.
-Funeral from the residence at 3 o'clock this (Wednesday) afternoon. Burial private.

INGMIRE - In this city, Monday evening, May 25, 1903, Clarinda KNAPP, wife of William H. INGMIRE, aged 61 years.
-Funeral services at No. 64 Clinton avenue south, Thursday afternoon at 2 o'clock.

SCHWIND - In this city, yesterday morning, at the family residence, No. 76 Pennsylvania avenue, Mamie, oldest daughter of Philip and Barbara SCHWIND, aged 7 years, 5 months and 19 days.
-Funeral Thursday morning at 7:30 o'clock from the house and 8 A. M., from St. Francis Xavier's Church.

SMITH - In Cleveland, Ohio, Friday, May 22, 1903, Henry C. SMITH.
-Funeral from the residence, No. 69 Broadway, Wednesday, 10 A. M.

MALCHOW - At Pittsford, Tuesday, May 26, 1903, Mrs. Emma ERNST MALCHOW, wife of Fred MALCHOW. Besides her husband, and parents, Mr. and Mrs. John ERNST of Pittsford; two sisters and three brothers survive, Mrs. Charles WATERSTRAAT, of Henrietta, Mrs. John SCHOEN, of Pittsford, Charles and Fred MALCHOW, of Pittsford and Louis, of Mendon.
-The funeral will be held on Thursday at 1 P. M. at the family residence and 2:30 o'clock at St. Paul's Evangelical Lutheran Church at Pittsford. Interment at the Pittsford cemetery.
****
TRIED TO END LIFE

Prisoner at Police Headquarters Had to Be Watched

Daniel GOUGH was arraigned in Police court yesterday for intoxication and was given a sentence of six months in the penitentiary. He was locked up in cell No. 13 and immediately afterward attempted to commit suicide.

He tried to use his suspenders for the purpose, but they were taken from him. He next attempted to tear his shirt into strips to tie around his neck, but was prevented. Between times he cried and raved for whisky. Turnkey SCANLAN stationed himself inside the cell room and closely watched GOUGH until he was taken to the penitentiary.
****
WALKED INTO CREEK AT NIGHT

Mrs. Alice Dunn Drowned in Oatka Creek

In Scottsville Village

Lived on Magnolia Street in This City - Some Strange Facts Brought Out
by Investigation of Coroner Killip - Woman Was Demented.

Several mysterious circumstances surround the drowning of Mrs. Alice DUNN, of No. 127 Magnolia street, who was found floating face downward, in Oatka creek, in the village of Scottsville, yesterday morning. It was learned by Coroner KILLIP, who was notified of the case, that Mrs. DUNN had left the home of her son-in-law, with whom she lived, shortly after 5 o'clock Monday afternoon. She was first seen in the village of Scottsville, between 11 o'clock in the evening and a half hour afterwards. It is a good twelve-mile walk from Mrs. DUNN's home to the village and how she got there, in her feebled condition, is one of the puzzling circumstances.

The Coroner learned that Mrs. DUNN had been mistaken for a member of the W. C. T. U., who was supposedly on a tour of inspection of the saloons in the village. She encountered one of the villagers on the street at a late hour Monday night and he told the Coroner of it.

"Why didn't you stop her?" the Coroner says he asked.

"I thought that she was one of the W. C. T. U. women who was inspecting the saloons," was the answer. Mrs. DUNN wore a long shawl that completely covered her from head to heels, and the mistake was a natural one. Shortly after leaving the first villager, Mrs. DUNN encountered a second person and asked him where Magnolia street was. He told her the first street to the left. She went in that direction along a street that lends to the creek, and probably walked along the bank and fell in.

But the strangest feature of the case is the story that a woman told the Coroner, who lives within a short distance of where the body was found. She says that she went to bed shortly after 11 o'clock Monday night and was awakened, some time between 1 and 2 o'clock yesterday morning, by the sound of men's voices outside her home. She also heard the voice of a woman raised in entreaty.

To her cries one of the men in the party, the woman says, replied: "Come on, you will have to go along." Then there was a sound of a wagon being driven away. The Coroner also says that he learned that there was a rough gang of men abroad in the village on Monday night.

Another peculiar circumstance was the finding of a blood-spotted handkerchief on two logs, at the foot of a chute near where the body was found. To settle all doubt in the matter, the Coroner brought the body to this city on an evening train and an autopsy was performed at the morgue later, by Coroner Physician HARRIS. Not the slightest evidence of foul play was uncovered by the autopsy. In her dress pocket was found $2 in money and a receipt for fifty cents, signed by her son-in-law.

Mrs. DUNN'S son-in-law stated that she had had an attack of blood poisoning about a year ago, and this, together with the recent death of a daughter, caused her to become slightly demented. The old lady would often get up in the middle of the night and cook breakfast, under the impression that it was morning.

She was seen by the frequenters of two saloons in Scottsville on Monday night. She also went into a grocery store in the village and inquired if it was a meat market. On being answered in the negative she went out and was not afterwards seen alive. She was 66 years old and is survived by one daughter. The Coroner will grant a certificate of death from drowning.
****
CARLESSNESS CAUSED DEATH

Coroner KILLIP yesterday returned a verdict in the case of Martin McMAHON, a cripple, who was run over by a switch engine in the New York Central Railroad station last Saturday night. The coroner says that McMAHON'S carelessness caused his death. He was attempting to board a train for the East when the switch engine ran him down.
****
EDWARD H. VREDENBURGH

Death of Rochester Man While Traveling in the Old World

Word has been received of the death of Edward H. VREDENBURGH in Paris. Mr. VREDENBURGH left Rochester February 1st, with other excursionists, to go on one of the Clark cruises on the Mediterranean. He wrote on May 9th that he was not feeling very well, but it was thought that this was only temporary. He was 71 years old.

Mr. VREDENBURGH was for more than fifty years actively connected with the financial interests in Rochester. He came to this city when a young man, and shortly afterward entered the Union bank, where he served as cashier for many years. He left that institution to go to the Flour City Bank, and served there until he began his long association with the Powers Bank. He was with this bank for more than thirty years, his service beginning in the late sixties. He was a close personal friend of the late D. W. POWERS, who made him joint executor with his sons, Walter W. POWERS and J. Craig POWERS, of the Powers estate.

After the Powers Bank wound up its business in 1899, Mr. VREDENBURGH became the confidential financial agent of the Powers estate. When the Powers Bank was closed, he was its vice-president and, at the time of his death, he was the secretary and treasurer of the Flower City Hotel Company. He was treasurer of St. Luke's endowment fund and treasurer of the Rochester Industrial School.

The body will be brought to Rochester for burial. The funeral services will be held in St. Luke's Church, of which he had been a lifelong member and a member of the vestry.
****
CHESTER HOLT

In the death of Chester HOLT this city loses one of its oldest residents, he having moved here from Webster in 1874. He was one of four brothers, sons of Constant and Sybil HOLT, who came originally from Connecticut, and located in Webster, where as a boy Mr. HOLT attended school in a log house. As a young man Mr. HOLT entered upon his career as a farmer, remaining in Webster, where in 1840 he was married to B. Jane STRATTON, the daughter of one of Monroe county's pioneers. Leaving the farm he came to Rochester and went into the nursery business, in which he remained until within three years of his death. He established a large business in Greene county on the Hudson river, where he spent about four months a year for over forty years. Mr. HOLT was born on February 19, 1819, and was therefore 84 years old. Mr. HOLT leaves a widow, Mrs. B. Jane HOLT, and one son, Willis C. HOLT.
****
Mrs. Martha BROWN, wife of the late Henry BROWN, of Pittsford, died Monday night in this city, at the home of her daughter, Mrs. Martha McNALLY. Mrs. BROWN was born in Pittsford seventy-five years ago, in a log cabin on the WILCOX farm, one mile north of Pittsford, on the Penfield-Pittford road, and was the youngest child of the late Abigail and Mary HILL. When quite young she was united in marriage with Henry BROWN, whom she survived four years. Seven years ago they celebrated their golden wedding anniversary. Four children survive, Mrs. Barney PECK, of Pittsford; Mrs. H. O. SICKLER and Mrs. Louis SNYDER, both of Buffalo, and Mrs. Martha McNALLY, of Rochester, also twenty-one grandchildren and nineteen great grandchildren.
****
The funeral services of George W. ROSS-LEWIN, of Huntington, W. Va., were held at Mount Hope chapel yesterday afternoon at 2:30 o'clock, Rev. A. J. GRAHAM, of Christ Church, officiating. The bearers were William HOUCK, A. S. MANN, Darrell D. SULLY, Lewis BIGELOW, M. L. MADDEN and John O'DONOUGHUE. Mr. ROSS-LEWIN left this city five years ago. Previous to that time he conducted a wall paper store here for a number of years. He died Sunday at the City Hospital in this city after a short illness. He is survived by two brothers and three sisters. He was the uncle of Elizabeth J. WESTON.
****
Bridget, widow of Stephen RILEY, died at the home of her daughter, Mrs. Dennis McGRATH, in Brighton, yesterday, aged 92 years. She was one of the oldest residents of Brighton, having lived there fifty years. She is survived by two sons, John of Rochester, Stephen of Brighton; one daughter, eighteen grandchildren and two great grandchildren.
****
Helen KRAPST, wife of Frank KENT, died yesterday at the family residence, No. 187 Hibbard street, aged 31 years. She leaves besides her husband, one son, a father and mother, two sisters, Mrs. John SCHUEY and Tillie KRAPST, and two brothers, Edward and Joseph KRAPST.
****
Mamie, oldest daughter of Philip and Barbara SCHWIND, died yesterday morning at the family residence, No. 76 Pennsylvania avenue, aged 7 years and 5 months.
****
Emma ERNST, wife of Fred MALCHOW, died yesterday at her home in Pittsford. She leaves besides her husband, her parents, two sisters and three brothers.
****
Cecilia, youngest daughter of John D. and Mary McGUIRE, died yesterday at their home, No. 80 Glasgow street, aged two years.
****
Clarinda KNAPP, wife of Hon. H. INGMIRE, died Monday in this city, aged 61 years.
May 28, 1903
DIED

McGUIRE - On Tuesday, May 26, 1903, at the residence of his son-in-law, James HAZARD, in Gaylord, Mich., Patrick McGUIRE, aged 88 years.
-The remains will arrive in Rochester at N. Y. C. station this (Thursday) morning at 10 o'clock and from thence will be taken to the Cathedral Chapel and funeral services held. Burial at Holy Sepulchre cemetery.

RILEY - On Tuesday, May 26, 1903, at the family residence in Brighton, Bridget, widow of the late Stephen RILEY, aged 92 years.
-The funeral will take place Friday morning at 8:45 o'clock from the house and at the Blessed Sacrament Church at 9:30 o'clock.

PERRIN - Suddenly, of appendicitis, in North Manchester, Indiana, Friday, May 22, 1903, Lewis B. PERRIN, formerly of Brighton and Rochester. Survived by two brothers, Henry J. and C. F. PERRIN, and two sisters, Miss Theresa PERRIN and Mrs. Thomas C. WILSON, of Brighton.
-Interment in family plot, Rose Hill cemetery, Chicago, Ill.

SHARP - In this city, Wednesday, May 27, 1903, at his residence, No. 44 Beauford street, William H. SHARP, aged 80 years and 5 months. Besides his wife he leaves three daughters, Mrs. Ellen COLVIN, of Michigan, Mrs. Fanny BATTERSON and Mrs. Hannah BABCOCK, of Rochester.
-Funeral from his late residence Friday afternoon at 2 o'clock. Interment at Penfield.
May 29, 1903
SAW THE WRONG BODY

Afterward He Investigated and Got the Corpse of His Brother

Syracuse, N. Y., May 28 - An April 13th Seber KELLY committed suicide at the Hotel Ontario, at Oswego. Not being identified, the body was sent to Syracuse Medical College.

Jacob KELLAR, of Oak Orchard, believing from the description that the dead man was his brother, came here and was shown a body at the college. He said it was not his brother and returned to Oswego.

There he described the body shown him here and was told the description differed from that of the corpse forwarded. He returned here to-day and identified the suicide as his brother.
****
SHOOTS HIS FIANCEE AS SHE DECORATES A GRAVE

Paterson, N. J., Man Revenges Himself for Refusal of a Young Woman to Consent to His Proposals

Paterson, N. J., May 28 - Miss Mary MacDONALD, 29 years old, was shot in the left side to-day by William THOMPSON, while placing flowers on the grave of her mother in Cedar Lawn cemetery.

THOMPSON was a suitor of Miss MacDONALD'S seven years ago while superintendent of the Enterprise Silk Mill's. She accepted him, after two years' courtship. He resigned a lucrative position and went to England. He wrote to Miss MacDONALD many times and returned this week. He saw Miss MacDONALD at the cemetery and pressed his suit. "This time he was refused." Then he shot.
****
TRAIN WILL NOT EAT

Dying of Smallpox, He Refuses to Take Medicine or Food

Stamford, Conn., May 28 - The condition of George Francis TRAIN, who is suffering from smallpox, while not alarming, is to-day such as to cause his physician much uneasiness.

TRAIN has announced that he will hereafter taking nothing more to eat and will refuse medicine.
****
MRS. ROOSEVELT VISITS CHILDREN

Washington, May 28 - Mrs. ROOSEVELT, accompanied by her sister-in-law, Mrs. W. S. COWLES, left here to- day for Groton, Mass., to visit her sons, Theodore and Kermitt, who are attending school there. Miss ROOSEVELT left for Albany, N. Y., where, next Tuesday, she will be a bridesmaid at the wedding of Miss Ruth PRUYN and David M. GOODRICH, of Boston. Mrs. ROOSEVELT will go from Groton to Albany to attend the wedding.
****
SISTER MARRIED THE WRONG MAN

New York, May 28 - Angered because of his sister's marriage to Samuel SEIGEL, whom he did not like, Meyer SHAPIRO, a tailor, committed suicide to-day in his mother's candy store, at No. 184 Madison street, by drinking acid.
****
MAX O'RELL'S FUNERAL

Paris, May 28 - The funeral of Max O'RELL (Paul BLOUET), who died here May 24th, took place to-day.
****
DIED FROM MORPHINE

Man Giving His Name as Charles Johnson, Took Fatal Dose in Hornellsville.

Hornellsville, May 28 - A man giving his name as Charles JOHNSON and his residence as Andover died at St. James Mercy Hospital this morning as a result of morphine poisoning. Last evening he went into the establishment of Charles CRAW and had a luncheon. He then set down in a rear room and fell asleep. As he did not awake an effort was made later in the evening to arouse him. He was found to be unconscious with a paper beside him which had contained morphine. All efforts to resuscitate him were useless and death resulted.

The man had stated in the drug store, where he purchased the morphine, that it was for his wife, who was ill, and that he was from Andover village. Efforts to trace his connections failed and it is not believed that he was from Andover.

The remains were taken to Dagon's undertaking rooms, where they will be kept for a while in hopes of identification. He was a robust appearing man, dressed like a farmer. He wore a light mustache.
****
AN ABUNDANCE OF FROGS

Hammondsport people are at present enjoying great feasts of frogs' legs. The swamps near the town this year abound in frogs, and the small boys of the village are making a good income by gathering them and selling the legs to lovers of good living.
****
ONE YEAR IN THE PEN

In County Court before Judge CLARK at Bath yesterday, Raymond ACKLEY, of Hornellsville, on trial for grand larceny, was convicted of petit larceny, and sentenced to one year in the Monroe County Penitentiary at Rochester.
****
SUCKLING - HARLOW

Wednesday afternoon, at 4 o'clock, at the residence of the bride's parents, Mr. and Mrs. Orisco HARLOW, of West Avenue, Medina, occurred the marriage of their daughter, Miss Alethe B. HARLOW, to Thomas H. SUCKLING, of Hollidaysburg, Pa. Rev. H. F. ELLINWOOD, of the Presbyterian Church, performed the ceremony in the presence of a small party of friends of the contracting parties. Mr. and Mrs. SUCKLING left for an extended Eastern trip last evening, and will make their home at Hollidaysburg after June 15th.
****
MRS. IDA M. FORD

Mrs. Ida M. FORD died on Wednesday after a brief illness at the home of James W. AVERY, on Inslee street, Waterloo. She was 37 years of age and is survived by her husband, James FORD, who is away from home, and one child. She was a member of Waterloo Hive, L. O. T. M.
****
YATES

GIDDEN P. HOARD, AGED RESIDENT OF PENN YAN, DEAD

Gidden P. HOARD, died at his home on East Main street in Penn Yan Wednesday afternoon, aged 71 years. He is survived by his widow, and two sons, Dr. V. A. HOARD, of Rochester, and another son residing at Cambridge, N. Y.

He was a member of Milo Lodge, F. and A. M., of Penn Yan. The funeral will be under the auspices of the Masonic Lodge.
****
The two and a half year old son of Mr. and Mrs. Grant MOSHIER, of Penn Yan, died at the family residence in that village yesterday afternoon.
****
CHAUTAUQUA

Jamestown, May 28 - The first drowning fatality of the summer season occurred in the outlet of Chautauqua lake at the boat landing this afternoon. While endeavoring to rescue a boy companion named marsh, ten-year-old Joseph HURLEY, son of M. L. HURLEY, lost his life before he could be rescued. The body has been recovered.
****
DIED

WRIGHT - (copy so faint- can't make out the names or info) looks like - Mrs. S. Edvia WRIGHT.

HUGGETT- Henry HUGGETT

HOARD - On Wednesday, May 27, 1903, at the family home in Penn Yan, N. Y., G. P. HOARD, aged 71 years.

HOWE - In this city, on Wednesday, May 27, 1903, Harley J. HOWE, aged 69(?) Years.
- The funeral will take place from his late residence, No. 41 Richmond street, on Saturday, at 2 P. M.

CHANDLER - At her home, No. ???? Asbury avenue, Evanston, Tuesday May 26, 1903, Mary GARDNER CHANDLER, wife of Charles R. CHANDLER, daughter of the late George GARDNER, of Chicago.

EBNER - In this city, Thursday May 28, 1903, at No. 108 St. Paul street, William Nelson EBNER, aged 19 years and 8 months.
-Burial at Brockport, Saturday morning at 8 o'clock.

DE LAND - At Saranac Lake, Wednesday morning, May 27, 1903, Harian P. DeLAND .
-The remains arrived at Fairport Thursday night. Friends are invited to call at the house Saturday afternoon from 4 to 6 o'clock. Deceased left a wife and two children.
-Funeral services will be held from the Baptist Church Sunday afternoon at 3 o'clock.
__

GjS