JACKSON BEFORE SUPREME COURT
No Means, He Told Court Who Assigned Raines
Asks Grand Jury Minutes
Negro Had No Examination, Says Counsel, so Would See People's Proof
Before Entering Plea - Trial Date to be Set By Robson Monday
Berry G. JACKSON was brought before Supreme Court Justice FOOTE at 1:45 o'clock yesterday afternoon, on the indictment charging him with murder, first degree, for the death of Charles H. AMES. The arraignment was a quarter of an hour before the usual time for opening court for the evening session, to avoid a crowd of curious persons. There were present besides the defendant and George RAINES, his counsel from arrest until the finding of the true bill, only the officers of the law and Assistant District-Attorney MATSON, with the court attendants and newspaper men.
JACKSON conducted himself with quiet firmness, making a good impression by his appearance and manner. He was neatly dressed. Acquaintances in the court room were recognized by the negro with pleasant nods and smiles of greetings, as if he were merely a party to a civil action about to be tried. Sheriff BAILEY and Deputy ABBOTT brought him from the jail. From the time he entered the Court House, at least, the negro was not handcuffed. Mr. BAILEY alone accompanied him after they passed through the read door of the building.
"Are you prepared to plead to this charge now?" asked Justice FOOTE,
after reading the substance of the indictment.
"Not unless through counsel," replied the defendant.
NO MEANS TO EMPLOY COUNSEL
"I am given to understand that you say you have not means to employ
counsel?" pursued the Court.
"That is true." JACKSON said he owned a couple of pieces of property, the Gates farmhouse, where AMES was killed, and the Frank street residence of the defendant, but, that each was incumbered to practically its value by mortgages. George RAINES confirmed his statement, saying he had personal knowledge of his circumstances.
Justice FOOTE informed JACKSON of his legal right to counsel, and asked whether he would like to have Mr. RAINES assigned to his defense. He promptly answered in the affirmative. The Court inquired if this would be agreeable to Mr. RAINES, who said it would. Thus formally designated as the defendant's representative, Mr. RAINES was addressed by Assistant District-Attorney MATSON, on the matter of plea.
NOT PREPARED TO PLEAD
"No, we are not prepared to plead now," said Mr. RAINES: "there are preliminary motions we would like to be heard on. JACKSON never had an examination. The hearing before Justice LEDDY, of Gates, was abandoned because he was indicted before the adjourned date set for it. However, if the Court will permit us to inspect the Grand Jury minutes, I think we can arrange quickly for a date for trial."
Mr. MATSON intimated that the defense may not be opposed on this motion,
but District-Attorney WARREN, of course, would have to be consulted before a
final reply could be made to the request by the people.
Justice FOOTE observed that it was his last day in the present trial term, and, as Justice ROBSON will take it Monday, he preferred to leave these preliminaries to him to pass upon. This put the whole matter of plea, arrangement of trial date, and hearing on the application to see the Grand Jury evidence, over to Monday, at the earliest. Mr. RAINES said afterward that he expected his client would be ready to plead Monday or Tuesday, at the latest.
JURY DECIDED TAMBLYN DID NOT VIOLATE LAW
Malvern Street Milkman Swore He Did Not Tamper With Milk That Was Shipped From Webster
Thomas TAMBLYN, a milk peddler of No. 34 Malvern street was acquitted by a jury in police court yesterday of the charge of having sold and offered for sale milk that was impure. TAMBLYN was arrested at the instance of Milk Inspector W. O. MARSHALL one day last week, and the hearing was adjourned until yesterday. The case was before the court nearly four hours, but the jury decided the matter in twenty minutes. Assistant Corporation Counsel ROSENBERG appeared for the city, and John A. BERNHARD represented TAMBLYN. At the conclusion of the Asst. Attorney BERNHARD, condemned the present ordinance affecting the sale of milk in Rochester, declaring it to be unfair and unreasonable.
The prosecution swore but three witnesses. They were Milk Inspector MARSHALL, Assistant Inspector C. C. BROWNELL and City Chemist Fred R. EILINGER. The inspectors testified to having obtained a sample of milk from TAMBLYN'S cans while he was distributing it about the city, and of having turned it over to the city chemist for analysis. They said that they were under the impression that the milk had been adulterated by the use of water. Mr. EILINGER stated that he had tested the samples of milk that had been turned over to him by the milk inspectors, and that he found to be below the standard in purity.
For the defense Mr. TAMBLYN introduced five witnesses, among them being John HOFFMAN, a farmer of Webster, from whom TAMBLYN had purchased milk. The others were from Webster and West Webster, and were also milk dealers. They testified to having sold their milk in bulk to Mr. TAMBLYN, and of having shipped it direct to Rochester via the trolley cars. They claimed that the milk at those times was just as the cows produced it.
TAMBLYN swore that he had received the milk direct from the farms aboard the cars, and that if the milk had been tampered with at all the adulteration had taken place while it was en route to the city. He said he took the milk from the cars upon the wagons and began the distribution at once. He said that he had measured the milk of each can, however, before distribution, and that in almost every instance the cans were short anywhere from three to six pints per can. They would average a quart in shortness per can.
Attorney BERNHARD laid considerable stress upon the city ordinance relative
to the handling and distribution of milk in Rochester. He declared that the
ordinance was not only unreasonable, but that it was unfair to the men engaged
in the business. He said the milkmen had no show whatever in the matter as they
were unable to test their milk, and were therefore at the mercy of the outside
dealer and the inspector. He said the ordinance should provide for the testing
of milk that is brought into the city before it has been turned over to the
distributor, and thus the city dealer and customer would have adequate protection
from imposition from outside sources.
FREER GIRL SENT TO ALBION
Judge CHADSEY decided to send Grace FREER to the House of Refuge for Women
at Albion yesterday, and during police court her case came before him. Mrs.
W. W. ARMSTRONG, who took so much interest in the girl at the time of her arrest
for theft and in whose custody the girl had been paroled prior to her last arrest,
reported that she had investigated the girl's conduct during her period of probation,
and that it was far from being right. The Court, therefore, gratified Miss FREER'S
desires and committed her to Albion. She is 19 years of age, and came to the
city from Lyndhurst Cove.
PORTRAIT FOR NO. 31 SCHOOL
Art Print of Frances Willard Presented by Sixth Ward W. C. T. U.
On behalf of the Sixth ward Woman's Christian Temperance Union, the president Mrs. Clara B. KENNEDY, yesterday presented to No. 31 school, University avenue and Merriman street, a portrait of Frances WILLARD. Mrs. KENNEDY gave the pupils a brief sketch of the temperance worker's active life. She said that Miss WILLARD once taught in Genesee Wesleyan Seminary, Lima. The speaker told how Miss WILLARD gave up the principalship of a Western college to engage in the cause with which her name is linked. Later she received an offer of a large salary to take charge of an Eastern school. On the same day she was asked to become president of the Chicago W. C. T. U. To this office no salary was attached. She chose the temperance work. Proving her ability to speak and write, while serving the city union, she was made president of the national society.
Mrs. KENNEDY explained that Miss WILLARD was led to think of a world's W. C. T. U. by what she saw among the dwellers in Chinatown, San Francisco. Finally she was placed at the head of the world's union, which office she held until her death.
MISS ANTHONY OFF FOR HOME
Has Left Florida and Will Visit Washington - Mary Anthony's Birthday
Susan B. ANTHONY, on Friday, left Daytona, Fla., where she had spent a month, in company with Rev. Anna H. SHAW. The two women expected to stop at Columbia, S. C., to visit some point in North Carolina, and later to go to Washington, where they will attend a committee meeting of the Women's Council. Mary S. ANTHONY said yesterday that she did not expect her sister home before the latter part of April. Miss SHAW'S health is improved, and Miss ANTHONY is well.
This information came to Miss Mary in a letter from Miss SHAW and Miss ANTHONY,
in commemoration of the receiver's birthday, April 2d. The suffragist received
letters and gifts from out of town and from city friends.
CAN'T LEARN WHERE DEAD MAN LIVED
FOUL PLAY FEARED BY LE ROY FRIENDS
Body of Patrick McCauley Found in the Chemung River at Elmira
Le Roy, April 7 - A telegraph message received last evening by John McCAULEY, a well known resident of this village, brought the sad news of the death of his brother, Patrick McCAULEY, of Elmira, and formerly of Le Roy, whom it is believed came to his death some time Wednesday by foul play. The body was discovered yesterday in the Chemung river, where it is thought it was thrown to conceal a crime. Only the meager details have been received here. The remains will arrive in Le Roy to-morrow.
Mr. McCAULEY until a few months ago was a resident of this section, owning a place south of Le Roy and for many years he was employed on the D., L. & W. as a section hand. Last fall he went to Elmira to work for the same company, but it is understood that he was intending to return to Le Roy. On Wednesday morning he drew $100 from the bank and stated to his family that he was to leave at once for Le Roy. That was the last they saw of him alive.
Thursday afternoon the body of a man was found in the Chemung river which it was discovered was that of Mr. McCAULEY. It is said that the back of the head was crushed in as if by some blunt instrument, and the fact that when he left home he had about $100 and when found only about $4 in his clothing caused the theory that he was murdered for his money.
Mr. McCAULEY was born in Ireland. When four years of age he came to this
country with his parents, settling in Le Roy, where he remained until going
to Elmira. A few months ago he purchased the O'CONNOR farm and was to remove
there this spring. Mr. McCAULEY is survived by his wife and the following children:
Miss Frances McCAULEY, of Rochester; Misses Agnes and Katherine McCAULEY, of
Elmira; John, Edward, Thomas, James and Martin, of Elmira.
DEATH OF MICHAEL STACK
Le Roy, April 7 - About midnight occurred the death of Michael STACK, aged
79 years, at the home of his daughter, Mrs. Timothy SULLIVAN, on Lake street.
Mr. STACK had been in feeble health for some time and his death was the result
of old age. He was born in Berlingshire Ireland, and came to this country in
1854, settling in Wyoming county, where the remainder of his life was passed
until about one year ago, when he came to Le Roy to reside with his daughter.
(didn't get the rest)
PRINCIPAL WAS ACQUITTED
Hon. George Raines Won Case in Justice's Court yesterday
South Byron, April 7 - The most exciting lawsuit that has been held here in years was tried before Justice W. H. COWARD to-day. On complaint of James FERGUSON, Professor Edward I. EGGLESTON, principal of the Union School of Byron Center, was arrested for assault in the third degree, in striking his daughter, Mae, on the head with a book, while in school, on the 27th of March. Ex-District-Attorney LeSEUR, of Batavia, appeared for the people, and Hon. George RAINES, of Rochester, for the defendant. The trial brought together a large number of people of both sexes. It took some time to secure a jury, but finally B. H. GALL, J. F. ROSE, Jay BEAN, E. R. ATCHISON, Thomas ROACH and William CASWELL were accepted.
The evidence for the people showed that, while the arithmetic class was reciting
a misunderstanding arose between the teacher and a part of the class, and the
master struck each of four scholars on the side of the head with a book. It
hardly appeared to have been done as a punishment and probably did not harm
anyone. The defense showed that there was cause for the action of the teacher
and that the punishment was not excessive or immoderate. Eloquent pleas were
made by counsel and the jury retired, returning in half an hour with a verdict
of "not guilty."
Barn and Carriage House burned Near Waterloo - Dwelling Saved
Waterloo, Apr 7 - Shortly before 7 o'clock last evening the fire alarm startled our citizens, and it was found to be the barn of the widow of Adam ILLICK, on the road north of this village near the head of Stark street. As the fire hydrants do not extend that far, it was deemed unnecessary for the companies to go out, but Chief Engineer Charles A. BUCKNAR and many of the firemen went there and formed a bucket brigade. The barn and carriage house were beyond saving, but as fast as the dwelling house caught fire the flames were extinguished.
The burned buildings contained chickens, hay and vehicles and they were totally destroyed, the loss being about $800, with some insurance.
TALK IS CHEAP AT WATERLOO
Waterloo, April 7 - Our citizens are now enjoying a telephone war, and "talk is certainly cheap here." the Seneca county Home Telephone Company has a fine local service, and now the Empire State Telephone Company has just completed rebuilding of its line here to meet the opposition of the Home company, and is installing the service free of charge for (didn't get the rest)
IN HONOR OF DR. HAHNEMANN
Western New York Society to Observe German's 150th Birthday
The Western New York Homeopathic Medical Society is to hold a banquet in this city on Friday evening next to celebrate the 150th anniversary, which comes to-day, of the birth of Dr. Samuel HAHNEMANN. A meeting of the society will be held at the Homeopathic Hospital on Alexander street during the day, and in the evening the banquet will be served at the Genesee Valley Club. Dr. S. R. SNOW, of this city, is vice-president of the society, and Dr. W. W. WINANS is secretary. Dr. Joseph T. COOK, of Buffalo, is president. All parts of this section of the state are represented in the organization. Preparations have been made in every part of the United States and in many European capitals to observe the birthday of the man who started the "battle of pills," and who established a system of therapeutics which is estimated to have 15,000 followers in the United States alone.
Dr. HAHNEMANN was a German, as his name indicates, and it is a matter of history that he gave up the practice of medicine at one time of his life, before he had made the discoveries that have carried his name to the ends of the earth, because his favorite child had died despite all that medicine could do. He gave up his practice in disgust and for a time made a living as a chemist and by translating medical works. His fame as a chemist rests upon his discovery of a solvent for mercury.
Dr. HAHNEMANN'S attention was drawn in the course of his translations to the statements made in the various books upon which he was at work of certain coincidences that were striking if not remarkable. He read, for example, that belladonna was used as a cure for scarlet fever, although the symptoms of belladonna poisoning are similar to those of scarlet fever. He prosecuted further studies, and in 1795 laid down the principle that "like cures like."
That there are many homeopathists in this city and vicinity is shown by the
continued and flourishing existence of two societies composed of members of
the school, ‘the Monroe County Homeopathic Medical Society, organized in 1866,
and the Rochester Hahnemann Society, formed twenty years later. The Hahnemann
Society has made no arrangements relative to observance of the anniversary of
Hahnemann's birth, and the celebration by the county organization will be merged
into that of the Western New York Homeopathic Medical Society.
SUMMERVILLE MAN MISSING
Thought to Have Fallen Into River From Railroad Bridge
Jake POPP, well known in Charlotte and Summerville, has been missing since Friday evening. POPP lives in Summerville in a shack near the river bank between the railroad bridge and the Naval Militia Armory. He usually spends the summer in fishing and does odd jobs in winter. Friday night he was in Charlotte making purchases. He started home at 9:30 o'clock across the Rome, Watertown & Ogdenburg Railroad bridge. No floor has been laid on the bridge yet and there are holes where the supporting piles have been pulled out. It is supposed that POPP fell through one of these openings.
Yesterday afternoon Captain GRAY, of the Life-saving Station, and Alfonso
CASSON, of Charlotte, dragged the river for several hours, but were unable to
find any trace of a body. The river at this point is about thirty feet deep
and the current runs with such force that it is probable that had POPP fallen
in his body would have been carried out into the lake immediately. POPP is a
brother of Policeman William F. POPP.
POLICEMEN ASSISTED HIM
Richard FITZGERALD will be arraigned before Judge CHADSEY in police court
this morning to answer to a charge of intoxication. FITZGERALD was arrested
Saturday night in the rear of the Reynolds Arcade, where he was in everybody's
way and couldn't help it. Patrolman McKENNA undertook to escort him to police
headquarters, and succeeded in getting him as far as Exchange street. In front
of the Genesee Valley Trust Company's building he lay down and refused to move.
McKENNA could not carry the man, so he called Patrolman CLOONIN to his assistance.
The two policemen raised the irate Ninth warder to his feet, and forced him
to march at double-quick to headquarters.