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Rochester, Monroe, NY
Democrat & Chronicle
Tue Mar 14, 1905

SEEK WOMAN AS WITNESS

Authorities Want Her in Ames Murder Case
Value A Problem
If at Cheney's Sunday, She Saw What?
Inquest Not Finished
Coroner Elicited No New Proof
Four Street Car Men's Testimony of Value Only as Corroboration of
One Who is Positive Jackson Came in Monday Morning - Adjournment

   The people's theory of the Charles M. AMES murder, an intangible quantity that worked with remorseless force until it produced the tangible result of an accusation and proof against Berry G. JACKSON, cast back over its course, like a hound at fault, yesterday and paused again at the obscure Barhydt's Corner store of    CHENEY, the colored man who saw the defendant the evening of the crime.
   Precisely what was learned that made the investigation revert to the midway stopping place of JACKSON, on his fateful route to and from the city, was not divulged by the officials, principally because they will not know until to-day the full significance of the new evidence from the negro store. This much was ascertained by reporters. There is a woman residing either at CHENEY'S house or the immediate vicinity, who is expected to disclose facts that will dye, either with the black of guilt or the white of innocence, certain critical moments of the accused.
   The woman is said to be white making it difficult for the authorities to discuss publicly her connection with the case. In the blinding publicity that attaches to it, her association at Barhydt's Corners will be jealously scrutinized.
   Constable Frank KLEINHENZ, the fresh-faced, calm-witted young countryman who has worked up practically the damaging part of the proof against JACKSON, brings the hunt back to Barhydt's Corners. KLEINHENZ learned of the woman at CHENEY'S. KLEINHENZ to-day will get her into court, to tell what she may know of the case, especially of JACKSON's movements Sunday evening.
                                           Cheney's Statement Tested
   The county attorneys, from the moment KLEINHENZ first got him into their presence, have rigidly tested the statements of John CHENEY for alloy. The natural, and, some might think, considering race prejudice, excusable bias to shield a fellow negro, was the thought that led the authorities to scrutinize CHENEY'S proof. Investigation gave them reason to suspect, it is said, that the storekeeper's relations with the prisoner were more intimate and confidential than CHENEY had told.
   In this side light, CHENEY'S words take on a new aspect for the prosecution. District Attorney WARREN said yesterday that CHENEY never told him that JACKSON turned west, toward his farmhouse, and away from Rochester, after the visit when JACKSON returned the broom and dust pan, and, ostensibly, went on home. Assistant District-Attorney MATSON said last week that he understood CHENEY'S statement the other way, making the negro an important witness against his brother in color. With that ominous turn in the road removed from it, CHENEY'S whole testimony is favorable to JACKSON.
   JACKSON was collected, normal in manner and appearance, even jolly in a natural, chatty way, testifies CHENEY. Assume that a white woman, residing in or near CHENEY's place was in the store that night and witnessed, or has since been told by CHENEY, that JACKSON's mien was perturbed, his words distraught; that the spring of self-preservation that had pressed his lips and nerves taut for hours, snapped at the sight of a friendly face, the greeting of a clansman, bound by business or social ties; that he babbled an appeal for aid in a detail of concealment, a warning as to potential investigation of his time and movements, perhaps one word of confession; assume this state of facts to be true, and the people's case against the man in jail is deadly strong; the woman's words would spell the electric chair for the accused negro.
                                                  Warren Saying Little
   So slight is the officials' information on the subject of this woman, so vague the District-Attorney's expectation of what she will tell, so conservative even the well-weighed promises of KLEINHENZ, that Mr. WARREN would but admit, at his home in Henrietta last night, that the information as to the calling of the woman into the case was correct. What she will testify to, what is her position at Barhydt's Corners, her social status, the value of her proof, even the general facts of the woman's age and name, these the prosecutor professed ignorance of. He did not conceal, however, when hypothetical queries were shot at him; that the woman would be brought in for examination to-day, and that in her probable testimony lay the grave possibilities here pointed out.
   "What you have stated, and the logical surmises you have expressed, are (unreadable), in my opinion," replied the lawyers. "These are all possibilities, (unreadable). Nothing may come of this development, but it is unquestionably a development, and big with possibilities. In any event, though, the people's case is strong enough now for a petty jury. I consider."
   Was Woman Summoned by Coroner? 
   An unverified rumor insistently circulated about the District-Attorney's and Sheriff's offices yesterday that the "woman in the case" has been subpoenaed for Coroner KLEINDIENST's inquest, and had ignored the summons, on the ground that it gave her surname incorrectly. The name that she refused to respond to, it was said, was "Oliver." The report lacked probability, as regards the inquest, as so important a witness would be taken direct to the Grand Jury, after examination by the prosecutors, obviating the acquaintance with her statements that the defense could not be prevented from obtaining at the morgue hearing.
   It is said a deputy sheriff will be put on the work of bringing in the woman to-day.
   Sheriff BAILEY and Chief Deputy HAWLEY spent the afternoon in Gates, making measurements supplemental to those of the official engineers, covering details that the District-Attorney would need to show plainly upon a trial. Mr. BAILEY brought in the blunt crowbar used by the discoverers of AMES'S body in loosening the packed stones and earth of the grave. He also had an iron bar probably from a cutter runner, flat on all sides and sharp cornered, which the sheriff's attention was attracted to because it was between the siding and the studding of the farm house attic. It may have been bidden, or, as likely, carelessly thrown there.
   Its value to the authorities is in guarding against defensive theories that it was the fatal weapon. The rod is one third inch in thickness, an inch in width, about a yard long, heavy enough to be a formidable weapon, and its conformation suits the fracture in the back of the murdered man's head, and the corresponding rent through the back of his plush cap, quite as well as does the scantling settled upon by the prosecution as the probable weapon.
   Both pieces of iron will be microscopically examined for blood traces to-day by Dr. BAILEY. The crowbar was on top of the cellar wall, near where the body was found. There is no perceptible blood on either article.
                                             First Session of the Inquest
   Little aside from what had been printed regarding the murder came out at the inquest, which was begun yesterday morning by Coroner KLEINDIENST. The principal fact brought out was that AMES and JACKSON were on exceedingly hostile terms, the former being angered by the negro's action in destroying doors he had placed in the house (unreadable) in high temper over AMES'S removal of doors from the barn. Mr. MATSON represented the people at the inquest and Mr. RAINES appeared for the accused.
   The first witness was Conrad J. KOHLMEIER, the former tenant of the JACKSON farm to whom AMES had sub-let the property. KOHLMEIER moved away a couple of weeks ago and now resides on the Spencerport road. He told of his arrangement with AMES, from whom he had rented the farm for five years beginning last December. In January, witness said, JACKSON told him AMES had no right to sub-let the property.
   "AMES told me that if JACKSON made me any trouble to kick him off the place, and JACKSON said he was going to put AMES off the premises," said the witness.
   On the Sunday of the murder witness went to the farm to get some lumber and other belongings, and there encountered JACKSON and two cattle buyers. JACKSON told KOHLMEIER, "That ___ ___ rascal has been here again and put those doors in here." The doors were lying outside on the ground smashed. When the witness left JACKSON was alone in the house and sweeping out.
   Regarding AMES, KOHLMEIER said:
   "After I left JACKSON'S place I met AMES near the first driveway west of Barhydt's hotel. He had a hoe handle or broomstick for a cane, his cap pulled down, and he wore a dark overcoat. He asked for the key to the barn and I told him I gave it to JACKSON, and that I left the front door key in the door. AMES said: 'I am going to have JACKSON arrested for stealing the key.'
   Continuing, KOHLMEIER said he told AMES that JACKSON had thrown the doors that AMES had put in the house out of doors and that they were smashed. AMES then swore and said in effect that he would whip JACKSON. Profanity punctuated the conversation with little interruption and plenty of emphasis, according to KOHLMEIER'S testimony.
   Ezra C. CARTER of Gates was sworn. He said: "I met JACKSON in front of my house Sunday night. That was about 6:30 o'clock. He called to me and asked for a ride. He said he had been cleaning out his house.      When he left me he walked east.
   John CHANEY, the colored man from whom JACKSON borrowed the dustpan and broom, was called.
   "JACKSON came into my place," said CHANEY, "on Sunday and asked to borrow a dustpan and broom.    He went up the road. I next saw him about 7:10 or 7:20 in the evening. He asked the time and said, 'It ain't quite as late as I thought. Then he gave me twenty-two cents and went east toward the city. The dustpan was not stained with blood."
                                             Watched Jackson's House
   Gustave MALLECK, who lives in the farm house across the road from the JACKSON farm house, testified that he saw a man with a stick enter the JACKSON house about 5 o'clock, after two men who had gone there with JACKSON had departed.
   "My wife and I waited to see some one come out," said MALLECK, "but we never seen him come out."
   "Did you hear any noise over at JACKSON's during the night?" asked Mr. MATSON.
   "No, the dog made a noise once, but I did not hear anything else." MALLECK did not see a light.
MALLECK told of the finding of AMES'S body on Tuesday afternoon. MALLECK'S testimony was confirmed by his son Albert. The boy visited a neighbor's in the evening and returned home about 8 o'clock    Sunday night. He did not see or hear anything at the JACKSON house.
   Elmer M. AMES was the next and star witness of the morning. He said:
   "Father left home almost half-past 2 Sunday to go to the farm. He left home alone. He said something about JACKSON possibly being at the farm. I went to his foreman Monday morning and he told me to go to the country. In the afternoon my young brother and I went out to the farm. I saw the broken doors and window, and then I went over across the road and got Albert MALLECK. We went into the house through the broken window. The broken glass was all outside. We saw some blood near the window. We went through the house and down cellar. I reported what I had seen to the police that night.
                                                The Finding of the Body
   Then followed the description of Young AMES'S visit to KOHLMEIER's place of employment, his talk with KOHLMEIER, and the trip to the scene of the crime with his uncle, Roy MALLABER, and the discovery of blood on the floor and walls of the cellar. The search with Constable Frank KLEINHENZ and the discovery of the body where described. Young AMES also told of the trouble between his father and JACKSON at the Woodbury barn. AMES also told of a quarrel between his father and JACKSON at the AMES house, and of an argument between the two about wall paper and paint.
   Lulu C. MARSHALL, of No. 186 Frank street, was sworn. She lives in the house in which JACKSON lived. She said:
   "I first saw JACKSON on Sunday afternoon between 2 and 3 o'clock. He said he was going to the farm. I next saw him between 10 and 11 o'clock that night. He spoke to my sister and went upstairs and locked his door. He walked about the room and then called 'Good night.' I did not hear him again that night or next morning. I saw him Monday night between 8 and 9 o'clock."
   Frances E. MARSHALL, sister of the preceding witness, saw JACKSON on Sunday afternoon and did not see him again until Monday night. She did not hear him go out Monday morning.
                                              Invited to Accompany Jackson
   Fred W. MARSHALL, brother of the two preceding witnesses, said JACKSON asked him to go to the farm Sunday, promising to treat him well. The witness's mother objected to having him accompany JACKSON. JACKSON went away alone and the witness saw him again that night at 10:30 o'clock. The witness arose Monday at 5:45 o'clock. He neither heard nor saw anything of JACKSON Monday morning. The witness could not recall seeing JACKSON at any time on Monday. JACKSON sometimes woke the witness mornings, but did not do so on Monday.
   The witness saw JACKSON could leave the house without disturbing any of the other occupants of the place.
Edward WELCH, who works for George CINNAMIN, who claims he drove JACKSON back to the farm on Sunday night, was next called. He said:
   "I left CINNAMIN'S place in the evening on Sunday. I saw a colored man near PEASE's and he asked for a ride. I gave him a ride. He asked if I peddled milk, and if I would be along early in the morning and if he could ride with me. I told him I did not peddle milk in the morning. He rode to the little place and got off and went inside."
   WELCH was hazy as to time.
   George CINNAMIN, WELCH's employer, said he lives half a mile west of the JACKSON farm. He said WELCH left to deliver milk about 6 o'clock and returned about 6:30.
                                                   Street Car Men Witnesses
   Michael EGAN, a trolley car conductor, swore to boarding ---ward bound Lyell avenue car on Monday morning and to JACKSON's getting on at Otis station. The negro talked with the witness, saying that he had been to his farm. JACKSON carried a lantern.
   William EAGAN, a conductor on a Lyell avenue car, told of JACKSON coming into the city on his car one morning last week but could not fix the day positively. His car on the Monday morning following the murder left at 5:47.
   William EGAN, a conductor on a Lyell (error by printing staff) gro board his car at 6 o'clock one morning last week at Otis station. Benjamin HAMELINK, a conductor on a Lake avenue car, testified to seeing JACKSON on a Lyell avenue car either on Friday or Saturday morning.
   At the afternoon session, Carlin H. McCROSSEN, conductor on a Lyell avenue car, was the first witness. His car left Otis station at 8:11 o'clock on the night of the murder and he swore JACKSON was a passenger as far as State street. The negro carried a stick or cane.
   Bert MITCHELL, tenant of No. 186 Frank street, which house is owned by JACKSON, heard JACKSON enter the house between 10:30 and 11 o'clock Sunday night. Witness said that JACKSON could go in and out of the house without disturbing him.
   Constable Frank KLEINHENX told of his work in the case. Dr. Thomas T. MOONEY and Dr. Irving E. HARRIS testified to performing the autopsy.
   The most important testimony of the afternoon was that given by Peter A. EFFNER, motorman of the Lyell avenue car that left Otis station at 8:16 o'clock the night of the murder, on which JACKSON was a passenger.  The two men exchanged greetings and JACKSON told the witness he had been to his farm. In reply to a question, JACKSON told EFFNER that the farm was of twenty-two acres. EFFNER asked the negro if he would sell. JACKSON said no. The negro left the car at State street. He had a cane, said EFFNER.
   Coroner KLEINDIENST adjourned the inquest until Wednesday afternoon at 2 o'clock.
*
DIED

WAHL - In this city, Sunday afternoon, March 12, 1905, at the residence of John PASCALAR, No. 3 Leo street, Joseph WAHL, aged 25 years. He leaves his wife, Bertha WAHL, and father, five brothers, Jacob, Martin, Frank, Ruben and Edward, of Washington, D. C.; five sisters, Louise, Laura and Libby WAHL, and Mrs. William ROTH and Mrs. Frank SCHWEIKERT, all of this city.
-Funeral Wednesday morning at 8:30 from No. 3 Leo street and 9 o'clock at St. Michael's Church. Burial at Holy Sepulchre cemetery.

LINCOLN - At his late home, at Macedon Center, on Monday, March 13, 1905, Daniel LINCOLN, aged 76 years. He is survived by his wife, one daughter, Mrs. John RA(U/N)SLEY, one granddaughter, Miss Elsie PALMER, both of Rochester, one brother, of Indiana.
-The funeral services will be held from the Methodist Episcopal Church at Macedon Center, Thursday at 2 o'clock.

SERGENT - at her home in Dubois, Pa., on Thursday, March 9, 1905, Bessie E., wife of George M. SERGENT and only daughter of T. L. and Sarah M. BULL, formerly of Rochester.
-The funeral will take place from the parlors of Ingmire & Thompson, No. 64 Clinton avenue south, on Tuesday at 10 A. M. Burial at Mount Hope cemetery.

DURGIN - In this city, at her home, Mrs. Luanah R. DURGIN, aged 70 years. She is survived by one son and one daughter, Charles E. and Miss Nellie DURGIN, also four grandchildren, Mrs. C. A. HIGBIE, Thomas, Charles and Esther DURGIN, all of this city, and four sisters, Mrs. Anna DEMPSTER, of Seattle, Wash., Mrs. Edward HAYES and Mrs. John RICHARDSON, of Stoneham, Mass., and Miss Maria MATHEWS, of Wakefield, Mass.
-Funeral will take place from the residence of her granddaughter, Mrs. C. A. HIGBIE, No. 66 Harris street, Wednesday afternoon at 2 o'clock, and from Hedding M. E. Church at 2:30 o'clock.

CUMMINGS - At his residence, in the town of Chili, on Monday morning, March 13, 1905, Hubbard L. CUMMINGS, aged 87 years. He is survived by his widow, one daughter and grandchildren.
-The funeral will take place from the house on Wednesday at 2:30 P. M.

ZEGEWITZ - In this city, Sunday evening, March 12, 1905, at the family residence, No. 3 Amity street, Elizabeth, wife of the late J. Adam ZEGEWITZ, aged 68 years. She is survived by three sons, Frank, Fred and Theodore, and three daughters, Mrs. Joseph PHILLIPS and Mrs. John L. SCHWARTZ, of Buffalo, and Miss Amelia ZEGEWITZ, of this city.
-The funeral will take place on Wednesday morning at 9:45 o'clock from the residence and at 10 o'clock from St. Joseph's Church.

HEBERGER - In this city, Monday morning, March 13, 1905, at the family residence, No. 37 Rauber street, Michael HEBERGER, aged 51 years. He is survived by his wife and six children, Charles, Michael, Albert, Linus, Louise and Tillie, his mother and two brothers, Martin and Frank HEBERGER.
-Funeral will be held Wednesday, March 15th, at 9:30 A. M. from the house and at 10 A. M. from St. Michael's Church.

PRENTICE - At Geneva, N. Y., Sunday, March 12, 1905, Jane E. PRENTICE, daughter of the late Professor David Prentice, in her 80th year.
-Funeral services at Trinity Church this (Tuesday) afternoon at 2:45 o'clock. Burial private.

DAVIS - In this city, Sunday March 12, 1905, at the residence of her daughter, Mrs. J. W. DAY, No. 290 Ravine avenue, Mrs. Ethan W. DAVIS, aged 63 years.
-Funeral Wednesday at 2 P. M. from the residence. Interment at Riverside cemetery.

JENKINS - In this city, on Monday, March 13, 1905, John JENKINS, aged 63 years.
-The funeral will take place from his late home, No. 8 Myrtle park, on Thursday at 2:30 P. M.

SCHRAENKLER - In this city, on Monday night, March 13, 1905, Jacob SCHRAENKLER, aged 66 years.
-The funeral services will be held from his late residence, No. 188 Edward street, on Thursday afternoon at 2:30 o'clock. Burial at Mount Hope cemetery.
*
WILLS ADMITTED TO PROBATE

Orson Johnson must Appear Before 1915 to Share in Estate - Other Matters
   The will of Julia JOHNSON, who died in Webster January 8th, was admitted to probate yesterday in Surrogate's Court. It disposes of an estate of $3,000. The legatees are two daughters and a son, the sum of $550 being set aside for a second son, Orson B. JOHNSON, whose whereabouts are unknown. The trust will be held for ten years. George F. HARRIS is executor.

Letters of administration on the $500 estate of Catherine KNIGHT, late of this city, was granted to a son, John KNIGHT.

The will of Augusta SAUER, who died November 15th last, was admitted, and by its terms the $500 estate is given to John FLORY, of Irondequoit, who is named executor.

By the will of Mary N. COX, who died March 10th, an estate of $1,500 is bequeathed to William A. BEACH and wife, the former being designated executor.
*
TWO CHARGES AGAINST HIM
   John HOGAN faced two charges of intoxication and one of grand larceny in police court yesterday morning. HOGAN was arrested Saturday night with James MONAGHAN, charges of intoxication being placed against each. Sunday morning they gave $5 bail each for appearance yesterday morning. Joy over their release caused them to imbibe again, and MONAGHAN Sunday night told Captain RYAN, at the Fifth precinct station, that HOGAN had robbed him of $20, and a gold watch. Policemen COOK and SCHOLL arrested HOGAN.  MONAGHAN was arrested for intoxication. HOGAN will be arraigned March 16th, and MONAGHAN's case was put over until the same day.
*
FELL FIFTY FEET FROM SCAFFOLD
   Anthony C. KARP, 50 years old, of No. 21 Sellinger street, fell fifty feet from a scaffold at SS. Peter and Paul's Church yesterday morning, and is in a serious condition in the City Hospital. He was alive at 9 o'clock last night, but little hope for his recovery was entertained. The man is a slater in the employ of a Buffalo firm. It is not known whether his foot slipped or the boards of the scaffold turned. He was working inside and struck the floor with terrific force. He has a fractured skull and probable internal injuries.
*
"SLIM" DIDN'T ANSWER
   When the name of Henry WOLFF, alias William H. HUNT, alias several kinds of "Slim," was called in police court yesterday morning there was no answer. The case was not a police case and Judge CHADSEY had it marked "Called by error." "Slim's" name came on the docket through his being brought in Saturday night by Detective WHALEY. WOLFF will remain in jail until the county officials determined what disposition shall be made of the case.
*
DEATH FROM ASTHMA AND OLD AGE
   John HENRY, aged 77 years, died about 7:30 o'clock last night at his home, No. 25 Montrose street. He had been ill for some time of asthma. In the morning he was out walking and felt well. Death came suddenly. After an investigation Coroner KLEINDIENST decided to grant a certificate of death from old age and asthma.
*
MEETING OF PRIMARY UNION
   A meeting of the Primary and Junior Sunday school Union is to be held at the First Baptist Church this afternoon at 4 o'clock. The lesson will be taught by Miss Clara COIT. The special topic will be treated by Miss M. C. TOOKE.
*
GOING TO AVON

Attica Rector Accepts Call From Zion Episcopal Church
   Avon, March 13, Zion Episcopal Church, which has been without a pastor since the resignation of Rev. Henry Faulkner DARNELL, D. D., about a year ago, is to have a new pastor, who will enter upon his duties on Easter Sunday, Rev. George E. KNOWLMEYER, pastor of St. Luke's Episcopal Church in Attica, having accepted a call from the Avon Church. The new rector is a young man. When Dr. DARNELL gave up the Avon pastorate last year, it was his intention to devote the remainder of his life to literature, but a short time ago he accepted the position of assistant pastor in a large Episcopal Church in the city of Erie, Pa. Rev. Mr. KNOWLMEYER assisted Rev. Mr. STEELE in the funeral of the late George WINGATE, which occurred at this place to-day. Zion Church is the oldest church in Avon, having been built nearly three quarters of a century ago.
*
NEW TRAIN ON THE ERIE

Will Haul Milk to Rochester From Points Above Avon
   Avon, March 13 - The Erie will put on a new train commencing about the middle of April, to haul milk to Rochester from points above Avon on the Corning branch. The train, which will connect with one of the main line limited trains at Corning, will go through Avon about 7 o'clock. It will be run back from Rochester as a freight, leaving that city about 1 o'clock. A petition for carrying passengers on this train will probably be circulated in this section.
   This would allow Avon people who want to go to Rochester and have but little business to do, an opportunity to go down on any one of the three morning trains and get back by 2 o'clock.

ADDISON KNOX HILL
   Waterloo, March 13 - Word has been received here announcing the sudden death at Dayton, O., on March 4th, of heart disease, of Addison Knox HILL, in his sixty-fourth year. He was a son of the late Hiram W. and Catharine E. HILLS, of Waterloo, and a grandson of the late Judge John KNOX, of this village. He was a veteran of Company H, 148th Regiment, New York Volunteer Infantry, in the Civil war, and a brother of ___ H. HILLS, who is chief clerk and superintendent of the Treasury Department, at Washington, D. C. Interment at Waterloo.
*
SHERIFF RETURNS WITH PRISONER
   Waterloo, March 13 - Sheriff Thomas E. MILLS returned this noon from his trip to Harrisburg and Coudersport, Pa., accompanied by Frank CONWAY, who was indicted by the Grand Jury last week for grand larceny in the second degree in stealing a horse worth $75 from Charles R. KENNEDY, of Romulus, on October 30th last. Sheriff MILLS asked him what he did with the horse and he stated that he drove it for nearly two months but refused to tell what he did with it. He will be tried at the next term of County Court, which convenes in this village, on Tuesday, April 4th.
*
MURDERER MISSED $2,000

That Amount Found in Robert Kidney's Cabin
Kidney A Recluse
Cayuga County Authorities Working on Case
Was Killed With An Ax
The Murder Was Discovered by a Boy-
Footprints in the Snow Led From Window to Highway -
Money Found in Salt Bags and Stockings.
Results of the Autopsy

   Auburn, March 13 - One of the most brutal murders in the annals of Cayuga county was committed on the Victory road about two miles from Conquest, some time between 6 o'clock Friday afternoon and 2 o'clock Saturday afternoon, when Robert KIDNEY, aged 81 years, was killed by being struck on the head with an ax in his cabin where he lived alone.
   KIDNEY was a recluse and was reported to be the possessor of a fortune, the amount of which has been variously estimated. On Friday night he was seen by the BURGHDUFF family, his neighbors, in the front yard of his cabin. Saturday when the old man did not appear in his yard as was his custom, Morris BURGHDUFF, a boy about 14 years of age, was sent over to the old man's cabin to see if he was sick. When the boy reached the cabin he peeped into the window and the sight that met his gaze will not be forgotten by him so long as he lives. The old man lay on the floor in a pool of blood, face downward. The boy ran to his home and excitedly told what he had seen. Other members of the family immediately visited the scene of the crime and Constable GILHOOLEY was notified, who in turn, notified Coroner O'NEILL of this city.
   An examination of the rooms showed that the old man had been murdered and that a violent struggle had taken place before he received the blow on the head that caused his death. The officers found that the house was not locked, the wooden bolt of the front door having been pushed to one side. A window in the rear of the house was found open and tracks led from there through a field and into the highway. The tracks were made by a man who wears a No. 8 shoe.
   The officials who made the investigation are of the belief that the intruder forced his way into the house where he demanded the old man's money. Upon being refused a struggle took place in which the old man was hit on the head with an ax, the blow resulting in his death. Coroner O'NEILL believes that the old man lived sometime after being hit, as his face was bloated and there was evidence of circulation after the blow had been dealt.
   The murderer had evidently made a thor-search of the lower part of the house for the old man's money. How much he took away with him is not known, but certain it is that in his search he overlooked $2,000, which was hidden in an old wooden chest up stairs. The money was found in old salt bags and stockings. The money was in bills of every denomination, gold pieces, silver and pennies. In addition there were old shin plasters, Confederate money and wildcat currency and bills that were green with age.
   It was generally known in the vicinity of the old man's home that he kept considerable money in the house, for on many occasions he has made loans to his neighbors, who found it convenient to go to him, the nearest bank being about eighteen miles away. KIDNEY had been warned that it was dangerous for him to keep money in the house but he only smiled at the warnings. The coroner, the sheriff's office and the district-attorney's office are working together on the case, but so far only slight clews have been found.
   The remains were removed to Newkirk's undertaking rooms in Port Byron yesterday and were to-day brought to this city, where the autopsy was held. The autopsy developed that the fracture of KIDNEY'S skull began at the frontal bone and extended from a point back of the forehead across the top of the head to a line about even with the ear, extending under the brain and up through the bony covering back of the eye. There was evidence of but one blow. The right eye was badly swollen and on the left eye there was the marks of a blow.
The men in the vicinity of the crime evidently suspect some one in that vicinity, but who he is the District-Attorney would not say. Mr. DAYTON said that his office had clews, but what they are he refused to say.
   The only known relatives of the murdered man are Mrs. C. E. SMITH, of this city, and a niece, Mrs. A. J. TUCKER, of Clyde.
*
FARM LONG IN THE FAMILY
   Waterloo, March 13 - Charles W. PIERSON has recently purchased of his sister, Mrs. Elizabeth CRANSTON, her farm of fifty-five acres, located four miles west of Waterloo, in Seneca county. Mr. PIERSON now owns 155 acres in this farm, as it adjoined the one already owned by him. This is a portion of the old Jedudiah PIERSON farm that was settled over 100 years ago, Peleg PIERSON having come here from Long Island in 1805 and taken up this section, and it has remained in the possession of the family ever since.
*
SUPREME COURT AT WATERLOO
   Waterloo, March 13 - the March term of Supreme Court was resumed here this morning, with Justice James W. DUNWELL, of Lyons, presiding. 
   Trial of the action of Mrs. Anna N. BULL vs George W. McCUE and Jacob CHRISTLER was commenced and has occupied the court all day and it is not likely that it will go to the jury before Tuesday morning. It is a suit to recover about $600 for rent of the BULL's Grove Hotel and property, at Cayuga Lake, which was recently destroyed by fire.

MRS. JOHN GILMORE
  Seneca Falls, March 13 - Mrs. Mary GILMORE, wife of John GILMORE, died this morning of valvular heart disease, aged about 68 years. Mrs. GILMORE was a native of County Louth, Ireland, and came to Seneca Falls fifty-five years ago. Besides her husband, she leaves two daughters, Miss Mary GILMORE and Mrs. Rose HARMON, and three sons, John, James and Patrick GILMORE, all of this village.
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MR. CUTTER GONE TO PHILADELPHIA

Proprietor of Seneca Falls Factory Has Propositions to Locate Elsewhere
   Seneca Falls, march 13 - Henry B. CUTTER, proprietor of the Cast Thread and Steam Fitting Company, now occupying the Gleason shops in Factory Lane, owned by the American Fire Engine Company, is considering the proposition made by the local Board of Trade some time since, and which was renewed last week by a committee from the board. Mr. CUTTER has also received a proposition from Geneva's Board of Trade to locate there, offering the concern five acres of land, with excellent shipping facilities and some other concessions, and has besides a number of propositions from several other places. One beside an offer of land upon which to erect his factory, contains the additional inducement to take twenty-five thousand dollars to stock of the company.
   Mr. CUTTER went to Philadelphia Sunday morning to place the various propositions before those who are interested with him in the business, and it is expected that upon his return a decision will be soon reached. For more than three-quarters of a century this property has been one of the most important industries in the village. First it was the home of the pump trade here, under the management and ownership of the late John P. COWING, the pioneer in that line. Later the business fell under the management of his sons, the late George COWING and Philo COWING. When the property fell into the hands of the late E. P. GLEASON the cast thread featured was made one element of the success of the plant. The cast thread work was the invention of the COWINGS and its natural home is here. The last to run the plant were the SCIPLES, who were bought out by Mr. CUTTER, and who now has seventy-nine men on his pay roll. The shops have a capacity of about two hundred and fifty men, with an ample water power.
   Your correspondent has the assurance with reference to this matter, that should Mr. CUTTER decide to remove from Seneca Falls and accept some of the flattering propositions that have been made to him and locate elsewhere, this important plant will be occupied within two weeks by another concern which will immediately engage in manufacturing.
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LIVINGSTON

Arrangements for the Centennial Celebration at Caledonia
   Caledonia, March 13 - Through a mistake of your correspondent the celebration of the centennial of the First Presbyterian Church of Caledonia was announced for the last Sunday in March. It should have been the last Sunday in April. Arrangements had been made to have the principal address on that day by rev. Simon J. McPHERSON, D. D., of Lawrenceville, N. J. It looks now as though Dr. McPHERSON would not be able to attend, as he has been obliged to give up his work as principal of the Laurenceville Academy and go South for his health.
   One of the most interesting features of the centennial, which will last several days, will be an exhibit of old relics that have been associated with the church since its founding. Among these curios will be pictures of the early settlers, the prominent members of the church and of the clergymen who have ministered to the people during that time. It will be in the line of a loan exhibition.
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WAS HURLED AROUND REVOLVING SHAFT

Geneva Man Injured at Summit Stove Co.'s Plant - May Not Recover
   Geneva, March 13 - Herman FUNSOOTEN, 28 years old, of No. 333 Lake street, was probably fatally injured this morning by being hurled around a rapidly revolving shaft at the Summit Stove Company's plant on Andes avenue. At the hospital Dr. G. B. YOUNG said the man's injuries consisted of a fracture of the femur, a badly crushed right foot, contusions and numerous abrasions on the head and deep cuts and lacerations all over the body. His recovery is not considered possible.
   FUNSOOTEN entered the employ of the Summit company last Monday. He was employed as a laborer and among his duties oiled the shafting every morning. This morning when he began his work he wore a long coat and to this is attributed the accident. Barely had he begun to oil the hangers underneath the floor in the mounting room, when his coat caught on the shafting and he was whirled from his feet and thrown with terrific force against the flooring. His clothing was twisted about the shaft and he was slowly being crushed against the rafters when his cries attracted the attention of some workmen and the machinery was stopped.
   The body was wedged so tightly that it was necessary for the workmen to cut away his clothing in order to extricate him. The City Hospital ambulance was summoned and the man taken to that institution.   FUNSOOTEN is unmarried and has a father and several brothers residing in the city.
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NIAGARA

County Court Convened At Lockport Yesterday
   Lockport, March 13 - The March term of court convened to-day, Judge HICKEY presiding. Assistant District-Attorney ACKERSON acted for the people in the criminal cases, District-Attorney STOCKWELL having been called to Buffalo to oppose the motion for a change of venue in the DAVEY case.
   The first case up was that of James WORKMAN, of Niagara Falls, charged with running a disorderly house.  He changed his plea of not guilty to guilty, and sentence was reserved.
   An interesting case was taken up this afternoon. It is that of the people against Elmer BROWN, of Niagara Falls, indicted for forgery, second degree. It is alleged that he forged the name of Frederick THOMAS, of Niagara Falls, to a note for $185. Spencer B. PARKER is defendant's attorney.
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THE FARMERS' CLUB

An Interesting Programme Will be Carried Out at Ransomville
   Lockport, March 13 - The March meeting of the Niagara County Farmers' Club will be held at the Baptist Church, Ransomville, on Saturday, the 25th, and an unusually instructive programme has been prepared. The morning session at 10:30 will be opened with music by the choir and prayer by Rev. W. E. WELLS, Ransomville. Supervisor H. Seymour RANSOM will deliver the address of welcome and the response will be made by Supervisor Frank BRADLEY or Barker.
   D. T. McCARTHY of the town of Lockport will give a political talk on fruit grafting, which will be followed by a general discussion. The ladies of the church will serve dinner. In the afternoon Miss Hazel LONG of Ransomville will give a recitation and Glenn H. FOOTE will sing a solo, "The Country Boy's Opportunity" will be the subject of an address by Rev. C. C. ROSZELL, of Barker. Mrs. G. E. HUBBELL, of Ransomville, will sing a solo, Pupils of the Ransomville school will give class exercises.
   Professor S. A. BEACH of Geneva will give an address on "Insects and Spraying, and the New York Apple." Vice-President W. T. MANN, of Barker.
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JURY SECURED IN ATKINS CASE

Murder Trial Commenced At Batavia
The Grand Jury Reported
Atkins is Charged With Killing of Leonard Scheer-
The Grand Jury Handed Up Nine Indictments.
Pleas Entered by Defendants

   Batavia, March 13 - The March term of the Supreme Court, which was adjourned on Thursday, reconvened this morning at the Court House, Justice Henry A. CHILDS resided. As soon as court opened the Grand Jury reported the result of its deliberations and handed up nine indictments, seven of them open and two sealed.
   The open indictments were found against the following. ___ WHITE and Fred HUMPHREY, of Batavia, burglary in the third degree; Frank LOBO, assault in the third degree; Frank SNYDER, sending a threatening letter through the mails; Wolfgang KING, burglary in the third degree; James RUTTER, grand larceny in the third degree; Henry WILL, violation of the liquor tax law; Albert T. SHERMAN, forgery in the second degree.
   WILL and SHERMAN were arraigned and pleaded not guilty and both cases were sent to the County Court for trial. In WILL'S case bonds were fixed at $250 and in that of SHERMAN at $1,000. James A. LeSEUR appeared for both men.
   The case of Charles R. GOULD, of Batavia, against the Merchants and Mechanics Fire Insurance Company of Monroe county went over the term on the presentation by the attorney for the insurance company of an affidavit showing that the company was in the hands of a receiver and was restrained from doing any business whatever.
   Immediately after the arraignment of WILL and SHERMAN, District-Attorney STEDMAN moved the trial of Burd Ray ATKINS, indicted for murder in the first degree in the killing of Leonard SCHEER on July 10, 1904 in Batavia. Ex-District-Attorney James A. LeSEUR, who was appointed by the court to defend him, appeared as his attorney with A. J. TRUNKEY, of Geneva, O., as counsel. The following are the jurors selected:
   John GOSSER, mechanic, Batavia; Alphonso NORCUTT, railroad foreman, Batavia; Nathaniel REID, farmer Pembroke; Clinton PHELPS, farmer, Pavilion; Frank H. GOADE, farmer, Batavia; Frank BURR, farmer, Oakfield; George H. SCHOFIELD, mechanic, Batavia; G. D. HUTCHINSON, retired farmer, Pavilion; Sanford DeWOLF, Stafford, farmer; A. GEIGER, mechanic, Batavia; Rufus WHITE, farmer, Bergen; James BUCKINGHAM, farmer, Stafford.
   The jury was ordered into the custody of a deputy and the indicted men were arraigned. Wolfgang KING pleaded not guilty and his bond was fixed at $1,000. His case was sent to the County Court. James RUTTER pleaded guilty to burglary. William WHITE and Fred HUMPHREY pleaded guilty to burglary in the third degree. Frank SNYDER pleaded not guilty to sending a threatening letter. His case was sent to the County Court.
   Frank CARPENTER, against whom a sealed indictment was found, appeared in court and pleaded not guilty to keeping a gambling house. He was placed under bond for $1,000.
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MRS. PRESCOTT HAWKS
   Le Roy, March 13 - Mrs. Prescott HAWKS, of Roanoke, died yesterday at her home, about three miles southwest of this village. She had been in poor health for a long time, having been a sufferer from heart disease. Mrs. HAWKS was born in May, 1836, at Pearl Creek, and her maiden name was Miss Amanda R. MASON. Fifty years ago last Wednesday she was united in marriage to Mr. HAWKS. Besides her husband she is survived by four children as follows: Fred P. HAWKS of Perry; Mrs. Frank PINNEY of Roanoke; Mrs. Carrie SAMSON, of Le Roy and Miss Stella HAWKS of Roanoke. She is also survived by one brother, William MASON, and three sisters, Martha and Mary MASON of Roanoke. She is also survived by one brother, William MASON, and three sisters, Martha and Mary MASON of Roanoke, and Mrs. Archie ALEXANDER of Buffalo.
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MEDINA'S VILLAGE BOARD ORGANIZED

New Officers Sworn in Yesterday - Another Bid for Water System
   Medina, March 13 - The Village board if Trustees met this morning and swore in the new officials, mayor ROBBINS to succeed himself for his third term, Alfred MILEHAM and John CROWLEY as trustees to succeed William COMERFORD, who had rounded out full twenty-one years in the service of the village, and M. A. BOWEN, of the Register, who was quite satisfied with three years. All of the officials were elected without opposition and the entire board from the Mayor down is solid for pure water and municipal ownership.
   No contract has as yet been awarded for the construction of the new system. A new bidder appeared since the original bids were opened, who offered to do the entire work without extras for $94,675, which included a pumping station at Shelby, a pipe line to the village and a duplication of the present distribution system much enlarged, with about three miles more of mains and many more hydrants and valves. There is nothing new in the controversy with the old company.
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DUFFY SENTENCED

Returns to the Penitentiary to Serve Four Months More
   Canandaigua, March 13 - James DUFFY, whose fracas with the authorities on Main street Saturday has caused town talk, was to-day sentenced by Judge PARKHURST, in police court to serve four months at the Monroe County Penitentiary, which institution he had quitted only the morning of the day he started the trouble that sent him back.
   Through a misunderstanding the Democrat and Chronicle correspondent erred in stating that the trouble with DUFFY started at the Murphy cafe. DUFFY had been refused a drink at that place, but went out peaceably. When he got on Main street he got into a dispute that attracted the attention of the police.
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MEDINA WANTS TO KEEP THE COOK COMPANY
   Medina, March 13 - Strong efforts are being made to keep the big Cook & Company business here. It will probably take the form of a stock company to purchase the present plant and hold it until it can be sold or some new industry can be found to occupy it, one which, possibly, might not need so much room, or one which does not grow by such leaps as the Cook & Company business. In this case the firm would rebuild on the railroad, occupying an eight-acre tract, and putting up an $80,000 plant as a starter.
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ITALIAN WEDDING FETE
   Manchester, March 13 - Yesterday afternoon occurred the civil marriage of Thomasso De GIROLOMA and Rosa MIGLIOZZA, two well known members of the Italian colony in this village. For several days past arrangements have been made for the important event and at 2 o'clock the happy couple, accompanied by some of their friends went to the home of Dorman F. COATES, one of the justices of this town who performed the ceremony. Upon their return home friends from Canandaigua were awaiting them and refreshments were served and a gay celebration after the Italian fashion lasted until early this morning.
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MRS. MARY HOGAN
   Canandaigua, March 13 - Mrs. Mary HOGAN, aged about 78 years died to-day, of a complication of diseases. She is survived by two daughters, Mrs. William HERRINGTON, of Canandaigua, and Mrs. Joseph DAILY, of Willard.
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JOHN LOVE
   Maplewood, March 13 - The funeral of John LOVE took place Friday afternoon at ? o'clock from his late residence at Maplewood. He is survived by his wife and five children, George W. of Rochester, John, of Maplewood and three daughters of tender years, Olive, Harriet and Bessie. Mr. LOVE was born in the town of Brighton in 1852(?) and was employed there as a brick burner. In 1881 he came to Maplewood. He married Miss Eliza WILKINSON, of Maplewood. He was appointed postmaster during the first term of Grover CLEVELAND'S administration.
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ESTER ANN PERKINS
   Penn Yan, March 13 - Esther Ann PERKINS died of consumption at her home on Liberty street, yesterday afternoon, aged 77 years. She had been confined to the house about four weeks. She is survived by one brother, H. W. PERKINS, of this village, and one sister, Mrs. Matilda STRYKER, of Yatesville.
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WHAT WE ALL HOPE FOR
      Washington Post
They are now canning rice. Let us hope that the next step will be the canning of the fools who throw it just as the party starts from the church.
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NOMINATION AT BROCKPORT
   Brockport, March 13 - Both the People's and Citizens' party have filed their nominations for the charter election, which is to take place March 21st. The Citizens' party has made the following nominations: Collector, Charlie WILLIAMS; treasurer, John R. DAVIS; trustees, Thomas DOBSON, Edward HARRISON and Harris HOLMES. The People's party has made the following nominations: President, A. D. ADAMS; collector, Charlie WILLIAMS; treasurer, John R. DAVIS; trustees, Louie HEINRICH, Dr. W. COOK and Edward HARRISON.
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STEUBEN

Committees Hope to Arrange for a Two Days' Celebration at Cohocton
   Cohocton, March 13 - The Cohocton Hook and Ladder Company, Rodney Harris Post, G. A. R., and other organizations of this village, have appointed committees which will all soon meet together and confer relative to observing the centennial of the settlement of the town of Cohocton.
   It is hoped sufficient interest in the matter can be aroused to (unreadable) event on a date in early summer.  The idea is to have a two days' celebration, the first devoted to addresses, and a symposium of reminiscences, followed by an industrial exhibit and parade the second day, to close with a ball and reception. Arrangements are as yet indefinite, but a meeting will be held within the coming fortnight when matters will be definitely arranged.
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MONROE

Many New Members Secured for the National Protective Legion
   Webster, March 13 - Considerable interest has been aroused in the place by a membership contest in the National Protective Legion. Last summer sides were chosen from the lodge members, and the object was to increase the membership of the lodge. The side that gained the fewer members was to provide a banquet for the victorious side. The sides were captained by Nelson I. SMITH and Egbert McCUMBER.
   The contest closed last night and an accounting showed that seventy-two new members had been enrolled, and Mr. SMITH was credited with forty-two of them. At the regular meeting last night, twenty-five candidates were initiated, and the names of thirty-five applicants acted upon.
   The following officers have been elected for the following year: Commander, Nelson I. SMITH; past commander, Egbert McCOMBER; vice-president, Miss Ida BURNETTE, secretary, Mrs. Stella WITMER; treasurer, miss Mary ANDREWS; chaplain, Mrs. Lora STEVENS; conductor, Mrs. Clara FUERNESS; guard, Julius KIRCHER; sentinel, Avia McCOMBER; trustees, Frank F. JONES, Nelson I. SMITH and John PINKNEY. Arrangements for the banquet are under way.
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PITTSFORD SOCIAL CLUB
   Pittsford, March 13 - There have been some developments in the organization of the Men's Social Club and a few changes made in the officers which are as follows: President, George A. GOSS; vice-president, John H. AGATE; secretary, Lemuel H. LUSK; treasurer, D. B. ECKLER; board of managers, George A. GOSS, William J. AGATE, William CLEVELAND, John AGATE, Lemuel LUSK, Robert RAND, Frank W. EMERSON, Fred HEGENDORFER, Rooms have been engaged of Albert A. SADDEN and Mr. SADDEN chosen overseer of them. Nearly sixty names were signed for the charter membership. Now further progress depends on collecting the $500 or more pledged by these persons, but the board of managers feels confident of securing the necessary amount.
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SHIPPING APPLES BOTH EAST AND WEST

Large Quantities of Stock Being Sent Out From Sodus - Prices Low
   Sodus, March 13 - Great efforts are being made to ship the green apples which have been in storage in this section since last fall. The month of February was a severe one. At this time the shipment of barreled fruit usually commences, but owing to the freight blockade, occasioned by the frequent storms, the shippers were unable to obtain cars, so the apples are being sent out with a rush at present. All dealers are anxious to get rid of their fruit, and car load after car load is being sent both east and west.
   This has caused the market to be somewhat overloaded and it is holding prices down. It is believed that within a short time they will show an advance. In New York city, where the dealers look for market prices, Baldwins are bringing from $2 to $2.25 per barrel. The commission men generally look for higher prices at this time of year, but the extraordinary large crop and the delay in freight shipments have proven a handicap. Consequently there will not be much money made in handling green fruit this year.
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TRAVELERS BACK

Rochester Men Home From Nevada Gold Fields
Report Wonderful Success of Miners in Goldfield and Bullfrog Districts -
Local Company Owns a Number of Claims

   In this day of nerve packing progress little attention is paid to the comings and goings of even our most famous men. Two prominent Rochester men, however, have just returned from a journey that deserves more than passing mention. The gentlemen, Lee RICHMOND and W. D. HAYES, reached Rochester Sunday after an absence of nearly four weeks. As rumors of important deals to be put through by the travelers while away had reached his ears, a reported visited Messrs. RICHMOND and HAYES yesterday afternoon to learn, if possible, the result of their trip. It would seem from what he learned that negotiations concluded by the gentlemen are destined to play an important part in the future of gold producing. Both were very enthusiastic and predicted great results from their investigations.
   Mr. RICHMOND said that they had spent some time in Goldfield, Nev., and had also visited and inspected crushers and smelters in Salt Lake, El Paso and other points where great quantities of ore is made into bar gold. While in Goldfield they consummated the purchase of the entire Goldfield Mint claims for the New York and Nevada Company. These claims comprise some eighty acres -- consisting of four claims in all. "J. P. LOFTUS, of Sandstorm Mine ___, now a director of the New York and Nevada Company, spent an entire day with us on the Goldfield Mint property," said Mr. RICHMOND. Mr. LOFTUS discovered float quartz which contained gold and indicated the presence of a ledge. Under his direction the ground has been laid out for trenching and good news is expected at any time. Men are now at work on the property under the direction of Mr. LOFTUS.
   Since our purchase a strike has been made on the Stammler Fraction, a property between the Goldfield Mint and Sandstorm claims, and our property has already doubled in value. In fact it could be sold to-day for more than twice the amount paid for it. This will not be done, however, as it is the purpose of the company to open up the property. Mr. LOFTUS says that the general development of the Goldfield Mint claim is the same as it was on the Sandstorm where such remarkable strikes have been made. An officer of the company said that the entire proceeds of the present sale of stock would be devoted to the development of their properties.
   C. L. HAYES, who resides at Goldfield and is the most prominent attorney in Esmeralda county, is a director of the company. A friend of Mr. HAYES's started out in December and has located twenty claims from Kawich to Bullfrog. Mr. HAYES has purchased a half interest in these claims for the New York and Nevada Company. The prospector has returned to work out the assessment. Messrs. RICHMOND and HAYES report an almost continuous string of prospectors from Reno to Goldfield, and it is said to be the same from Goldfield to Amargosa, the entrance to the Bullfrog district. No one is returning disappointed, those returning are in search of supplies, building material and machinery.
   The New York and Nevada Company feel that, with the gentlemen who have the management of their interests at Goldfield, the men who are at the head of the company here, they have every reason to feel confident of results and that they have the best proposition yet offered. They confidently believe that the prospect for success is exceedingly bright. The company has established a local office at 513 Granite building, where they will be happy to meet any who are contemplating investment. Officers are also located at No. 31 Nassau street, New York city, and a Goldfield, Nevada.
   The gentlemen composing the company are: President, Lee RICHMOND; vice-president, George J. FRENCH and Dr. R. T. FRENCH; secretary, L. D. ELDREDGE; treasurer, W. D. HAYES. Among the directors are Charles L. HAYES and J. P. LOFTUS, of Goldfield, Nevada; J. L. LENNEY, New York; Griff PALMER, George G. FOSTER and Charles HIGLEY, of Rochester.
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   At a meeting of the Board of Directors of the Rochester Railroad Company, held on March 9, 1905, the following resolution was adopted.
   "The death of Frederick COOK comes as a severe loss to this company. For a long time he had been its president and had given to it the benefit of his counsel and aid. Mr. COOK was largely interested in many enterprises and they all responded to the forceful influence of his personality. From the lowly walks of life he rose by virtue of his native ability, his energy, and that charm which made friends of all with whom he associated, to a position of commanding influence in the community. He had the trust and confidence of a multitude of people, and as the years passed he grew to be a leader of the strong and a helper of the weak.  Though he lived to the full measure of years, death overtook him while his usefulness was still undiminished, and on every hand sorrow is joined with a deep feeling of loss.
   The members of this Board honored and loved him. While we shall never meet him in this life again we shall always remember him as the strong, helpful, kindly friend of many years, the river of whose life broadened and sweetened as it neared the sea.
   "The secretary is directed to cause this memorial to be published, and to send an engrossed copy thereof to Mrs. COOK."
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TRANSFERS OF REAL ESTATE

Daily Record of Changes in Ownership of City and County Property
The following transfers of real estate were recorded with the County Clerk yesterday:
Paul M. HOWE and one, by guardian, to Ransford W. WILSON, property in Main street east; $10,000.
Wendell J. CURTIS and others to Grace C. DAVID, property in Culver road; $1.
Ella E. ANDRIESSEN to James L. HOTCHKISS, as trustee of Reuben S. FRENCH, property in Chili; #1.
Harry C. EYER to Frank G. HAMILTON, property in Perinton; $325.
John H. FORD to Anna NELLIGAN, property in German street; $1.
William H. FOX and wife to Neville E. HASKINS, property in Wright street; $1.
Flora Howe COLEBROOK and husband to Ransford W. WILSON, property in Main street east; $1.
Emily L. HARD and one to Joseph SCHELL, property in Perinton; $1.
Mary A. MOORE to William J. BROWN, property in Wakelee farm; $1.
Holmes B. STEVENS and wife to James S. McMAHON and wife, property in Fairport; $1.
Emma L. FACEY to Eureka Candy and Realty Company, property in Smith street; $1.
James B. BENNETT and wife to Mary E. BENNETT and others, property in Alexander street; $1.
Mary S. BROWN to Margaret K. LITTLE, property in Mendon; $400.
Ignatz WALEZAK and wife to Charles SCHLOSSER, property in Avenue D; $1.
Eugene A. ROSE to Julius STOLL, property in city; $1.
Samuel N. OOTHOUT and wife to John W. ORPHY, property in Jay street; $1.
Adam HOELZER and wife to Daisy SCHOENEBERG, property in Martin street; $1.
Frank G. HAMILTON and wife to Lela F. GENTHNER, property in Perinton; $1.
Francis N. PARISH to Edward B. SIMPSON and wife, property in Churchville; $1.
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COURT NEWS IN BRIEF

The Court of Appeals calendar for Tuesday is Nos. 232, 275, 444
   The Appellate Division heard argument yesterday in Nos. 76, 17, 80, 83 and 82, and No. 71 was reached before adjournment. To-day's calendar is Nos. 127, 128, 36, 67, 103, 120, 121, 35, 65, 109, 122.
The slander suit of Lizzie BOSSO, wife of the defendant in the shoe shining test case, against J. George COOK, a traveling man, was discontinued by stipulation yesterday. William H. SULLIVAN appeared for the defendant.
   The case of Frank HALLOCK, of Brockport, charged with receiving E. F. HIGGINS's robes knowing them to have been stolen, will be continued before Judge SUTHERLAND and jury to-day, closing the County Court term.
   Judgments were taken by default yesterday in Municipal Court by George E. MILLIMAN against Elizabeth HELLING, $17.67; Edward F. HATCH against T. W. TRIMBY & Company, $129.10; litigated, Robert NIGHTINGALE against S. R. SABIN, $266.52.
   Augustus F. HENDRIX was non-suited by Justice FOOTE yesterday in his breach of contract action against William H. PARKER, No. 67.
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ARRESTED FOR DESERTION
   John Joseph COUGHLIN, under arrest here, is wanted by the government for desertion from the warship Prairie in 1902, according to a dispatch received yesterday from the Secretary of War by Chief HAYDEN. Policeman MULCAHY was detailed to take COUGHLIN to the Brooklyn Navy Yard, and started at 10 o'clock last night. COUGHLIN struck MULCAHY over the head with a mop wringer when MULCAHY tried to arrest him last September.
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SAID TO HAVE STOLEN UNDERWEAR
   John GOODRICH, 19 years old, alleged to have stolen a suit of underwear from the Sibley, Lindsay & Curr store, was arraigned in police court yesterday morning for petit larceny. He pleaded not guilty and examination was set down for to-morrow.
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DIED FROM NATURAL CAUSES
   Coroner KILLIP yesterday granted a certificate of death from natural causes in the case of Patrick WHITE, who was found dead in bed in his home in Egypt Sunday afternoon. WHITE was regarded by his neighbors as a miser. He lived alone and had little to do with others.
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ADJOURNMENT IN YATES CASE
   Curious persons who crowded police court yesterday morning to hear the story of the relations of Harry YATES, a negro, and Alice BASTIAN, 15 years of age (unreadable) have assaulted, were disappointed. At the wish of YATES, examination was adjourned two weeks.
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ALL THE MONEY IN CALIFORNIA
   Is not from its gold fields. Fortunes are made from the wheat fields and the fruit farms. Why not investigate the chances there? Tickets, $33 Chicago to California, via Chicago, Milwaukee & St. Paul Railway, Union Pacific and South Pacific line, daily, March 1 to May 15, 1905, Rate for double berth, $7 Chicago to San Francisco, Los Angeles, Santa Barbara or Sacramento. Tourist folder, with complete information, sent free on request. H. T. NICOLAY, Commercial Agent, 200 Ellicott Square, Buffalo.
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DEATH NEAR NORTH ROSE
   North Rose, March 13 - The death of Eliphlet J. CHRYSLER, a prominent farmer who resided one mile north of North Rose, occurred this morning after a brief illness of Pleuro pneumonia. He is survived by his wife and one brother, Charles, of Rose.
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MR. CATCHPOLE'S WILL PROBATED

Huron Man Left Estate of Nearly $20,000
Surrogate's Court Cases
Regular Term Held at Lyons Yesterday The Will of Peter Muth of Newark -
Seven Children Inherit Estate of Jacob Day

   Lyons, March 13 - In Surrogate's Court here to-day, Judge S. Nelson SAWYER presiding, a petition for proof of the will of John MILLET, who died in Ontario in 1884, was entered by Elvira O. SANDERS, a daughter of the deceased. The value of the estate is given as $3,600, which since the death of the decedent's wife lapses to the two daughters, Alvira O. SANDERS, of Ontario, and Vernelia A. HOPKINS, of WA---, share and share alike.

   Letters of administration were granted to James P. FOLEY upon the estate of Thomas L. FOLEY, of Ontario, who died at El Paso, Texas, leaving a small personal property. Eight brothers and sisters represent all the next of kin.

   The will of James CATCHPOLE, who died in Huron, was admitted to probate. The estate is estimated at $16,000 real and $1,500 personal property. Two sisters of the decedent, Mary Anne CATCHPOLE and Matilda CATCHPOLE, renounced their appointment as executors of the estate and to Grace Helen CATCHPOLE, of Huron, a granddaughter, letters of administration with the will annexed were issued. The will devises all of the real estate to Mary Anne CATCHPOLE and Matilda CATCHPOLE, subject to the condition that the Robert CATCHPOLE farm be sold and the avails he paid to the three children of the said Robert CATCHPOLE, deceased, who are Arthur, Grace and Charles CATCHPOLE, to whom also is given all of the personal property. 

   Letters of administration were granted to Arthur GATCHELL upon the estate of Lucy M. GATCHELL, who left an estate valued at $2,000.

   Jacob De DEE petitioned for proof of the will of Peter De DEE, his father, who died in Williamson leaving a personal estate valued at $2,650, which by the terms of the will is all bequeathed to the son, who is the petitioner.

   The will of Peter MUTH, who died at Newark, was admitted to probate and letters testamentary were issued to George W. MUTH. The property valuation is $7,000 real and $500 personal, all of which, the testator's wife having died, lapses to the four children of the decedent, George W. MUTH, Edward MUTH of Newark, Louise A. ZIMMER of Buffalo and Addie M. WALKER of Fort Wayne, Indiana.

   Jacob DAY, of Williamson, petitioned for proof of the Abram DAY, who died in Williamson, leaving an estate valued at $4,000 real and $1,200 personal, which is bequeathed to the seven children of the testator, share and share alike.

   A petition for proof of the will of Caleb CONGDON, late of Williamson, was entered by Albert BENNETT and Charles S. PRATT to whom letters testamentary were granted. Mr. CONGDON left an estate valued at $5,000 real and $1,200 personal property, which is bequeathed to his three grandchildren, Charles CONGDON, Nellie E. CONGDON and Edward CONGDON, to be paid them at the age of 25 years.

   Adelbert RIDLEY, of Arcadia, petitioned for proof of the will of William RIDLEY, who left real property valued at $6,550 and personal property amounting to $2,500 and to him letters testamentary were granted. The will devises the use of all the property to the wife of the decedent. On her death or remarriage it is to go to the seven children of the testator.
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MANY BEAUTIFUL FLORAL OFFERINGS

Funeral of Mrs. OSTRANDER Was Held at Lyons Yesterday Afternoon
   Lyons, March 13 - The funeral of Mrs. Eliza Allen OSTRANDER was held at the Presbyterian parsonage at half-past 2 o'clock this afternoon. The services were in charge of Rev. Carl SCOVILLE, of the Presbyterian Church of Newark, and Rev. V. N. YERGIN, of the Presbyterian Church of Clyde, assisted by Rev. W. G. HULL, Rev. W. N. WEBBE and Rev. F. W. KNEELAND, of Lyons. Hundreds of people assembled to pay their last respects to one whose Christian character and winning personality had endeared her to their hearts.
The front parlor of the OSTRANDER home was literally filled with mourning wreaths and flowers. In that room the casket was placed and all around and over it were clusters of lilies, violets and roses. From the home and foreign missionary societies of the presbyterian Church of Lyons, from the Ladies Relief Society, from the Ramabai Circle, of all of which organizations Mrs. OSTRANDER was an active member, there were beautiful floral offerings. The clergy of Lyons sent a large cluster of calla lilies and from the elders of the Presbyterian Church and from Dr. CARMER'S Bible class, as well as from numerous individuals, there were wreaths and cut flowers.
   Winfred BURGESS, of Newark, and Miss Sara CARMER of Lyons, rendered the vocal selections. The elders of the Presbyterian Church, Dr. Crain MOORE, Dr. Myron CARMER, Frank HARDT, Edward DEUCHLER, Charles CROMWELL and Albert BARTON, officiated as pallbearers. The interment was made in the South cemetery. Those in attendance at the funeral from away were Alexander OSTRANDER, of Chicago; Mrs. DANIELS, of Minneapolis; Rev. Matthew GAFFNEY, of Williamson; Miss JOHNSON, of Ithaca.
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MUCH INTEREST IN CHARTER ELECTION

Both Parties Are Making an Earnest Canvass at Newark - The Ticket
   Newark, March 13 - The charter election to be held in Newark March 21st bids fair to be one of the most hotly contested municipal elections of recent years. Two months ago, the Board of Trade instituted a plan for a non-partisan union ticket. The scheme seemed to meet with approval. It developed, however, that it was necessary to get the names of 100 voters in each of the four wards who would support the ticket in order to secure an official ballot. This was impossible, hence the plan fell through and both the Republican and Democratic parties have nominated tickets as usual and a strong fight is on among the Democrats to insure the election of Newell E. LANDON, who, as president this year, was responsible for securing the municipal ownership of the City Water Company's plant, by having a special election at which it was voted to bond the village of Newark for $64,000 for that purpose.
   The Republicans have nominated Hanson A. GARDNER for president, an old political warhorse, who won celebrity in the early 90's, by acting at the same time as village president, constable and chief of police. Before his regime, the tramp evil had been costing the taxpayers $1,500 to $2,000 per year, but his assuming office, he immediately went to the police station, ordered the tramps all out and they gave Newark a wide berth thereafter. The total tramp fees during his first year in office amounted to $75 and the second year the amount was reduced to $13.75. Mr. GARDNER'S platform is to use the village money in the same way that one's personal purse would be utilized. The two tickets are as follows:
   Republican tickets: Hanson A. GARDNER, president; William O. BURROUGHS, collector; Gurdon C. HOWE, assessor; S. Ray PIERSON, treasurer; Peter ROBY, C. E. CLARK, Charles SEIDER and W. L. ROBINSON, trustees.
   The Democratic nominations are N. E. LANDON, president; William MUIR, collector; A. D. SOVERHILL, assessor; S. Ray PIERSON, treasurer; William DUNCAN, E. D. COLBURN, Charles FREY and Marion S. MOORE, trustees.
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MYRON M. ALDINE

A Well-Known Resident of Lyons Died Yesterday Morning
   Lyons, March 13 - Myron Martial ALDINE, a resident of Lyons for nearly forty years, died at his home on Phelps street this morning. Mr. ALDINE had not been well for the past few years, but his condition had at no time been considered serious and his death, which resulted directly from an apopletic stroke, was a shock to his many friends.
   Mr. ALDINE was born in Sodus in 1825. He was of Revolutionary stock, his ancestry dating back in direct line to Elder BREWSTER of the Plymouth colony. In 1868 he removed from Sodus to Lyons, settling on the SYLVESTER farm and from there, five years later, came into the village, taking up his residence in the house in which he died. In politics he was a staunch Republican. His widow and two children, John D. ALDINE and Mary E. ALDINE, also one sister, Miss Ruhama ALDINE, all of Lyons, survive him.
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DEATH OF DR. C. F. LOSEY

Long Illness Ends in Death of Highly Respected Physician
   Dr. Charles Hamilton LOSEY, of No. 277 Lake avenue, died yesterday after an illness with which he was stricken last September. Dr. LOSEY was a well-known physician. He was born at Conesus, September 9, 1863. His father was Jesse B. LOSEY, surgeon of the Twenty-second New York Cavalry, who practiced medicine in Conesus for more than half a century. Dr. LOSEY was graduated at (unreadable) nary in 1880 and at the University of Rochester in 1884. He was a member of the Delti Pai fraternity. In 1889 he was graduated at the medical department of the University of New York and took up the practice of medicine in this city. He was a member of the Monroe County Medical Society, the Central New York Medical Society and Corinthian Temple Lodge, F. and A. M. He was an honored member of the Board of Managers of the State Industrial School.
   Dr. LOSEY was a successful practitioner. He was respected for his conscientiousness and uprightness as a physician and as a citizen, and was highly esteemed by a large number of friends.
   In 1887 Dr. LOSEY married Miss Minnie M. GOSSELIN, who survives him, with one daughter, Mildred, aged 14. He leaves three brothers, Rev. John B. LOSEY, of Des Moines, Ia.; George R. LOSEY, of Jersey City, and Professor Fred D. LOSEY, of Syracuse University, and one sister, Mrs. Grace P. THROOP, of Niagara Falls. Dr. LOSEY was a member of the First Methodist Church and also of the Dewey Class.
   The ailment that caused his death was ulcer of the heart.
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CELEBRATED CHINA WEDDING

Mr. and Mrs. P. H. DeNeve Observed Their Twentieth Anniversary.
   Mr. and Mrs. P. H. DeNEVE celebrated the twentieth anniversary of their wedding last evening at their home, No. 19 Wilson street. The house was prettily decorated, and after music and guests, luncheon was serve, with covers laid for thirty-five. Mr. and Mrs. DeNEVE received many gifts in china and cut glass.
   Among the games were several contests in which prizes were awarded. The keenest competition was shown in the fishing contest, the prize, an aquarium of gold fish, being won by George C. S---man, Recitations and instrumental selections completed the evenings entertainment.
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BLACK - MAINS
   Wade H. BLACK, a prominent resident of Holcomb, N. Y., and Mrs. Hannah L. MAINS, of this city, were married yesterday afternoon at 2 o'clock. The ceremony was performed by Rev. G. B. F. HALLOCK, D. D., of the Brick Church, of which church the bride is an active member. After the ceremony, which was performed at the residence of the officiating clergyman, No. 10 Livingston park, the bride and groom left at once for Rutherford, N. J., where they will visit relatives.
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DWELLING DAMAGED BY FIRE
   Smoke in the dwelling of Levi ADLER, No. 20 Clinton avenue south, at 6 o'clock yesterday morning, called the attention of the family to a brisk fire around a pipe leading from the furnace in the cellar. Mr. ADLER telephoned a still alarm to fire headquarters and Chief ATKINSON responded with several companies. The flames had gained good headway, but were extinguished with chemicals. The damage amounted to about $150.
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NEW SONG FOR HIGH SCHOOL STUDENTS
   Yesterday morning in the assembly hall of East High School the students sang a new song, "On the Genesee," written especially for them by Florence Newell BARBOUR, of this city. The music is particularly tuneful. Mrs. BARBOUR, who is a member of the Recitalists, a Rochester musical organization, played the accompaniment for her song.
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ARRESTED FOR ANNOYING WIFE
   Harry GARDNER, charged with annoying his wife, Matie, was arraigned in police court yesterday morning. The case was adjourned until March 17th at his request. He was arrested by Patrolmen McKEON and BURNS.
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