Rochester, Monroe, NY
Democrat & Chronicle
Thurs
Mar 9, 1905
NEGRO HELD FOR MURDER
District-Attorney Accuses Berry Jackson
Autopsy On Ames
Skull Savagely Smashed With Bludgeon
Defendant Arraigned
Coachman Taken Before Magistrate and Adjournment Granted Until
March 18 - Grand Jury Will Have Case Before Then-
Circumstantial Evidence Strong, Matson Thinks
Twelve hours' untiring investigation of the crime revealed Tuesday afternoon by the unearthing of Charles M. AMES'S mutilated body in the cellar of a Gates farmhouse, resulted in the arrest of Berry G. JACKSON on a charge of murder, (next 3 lines unreadable) made the accusation against the negro.
The first day's investigation of the crime was fruitful in developments. While an autopsy was being performed under the direction of Coroner KLEINDIENST, disclosing exceptional savagery in the murder of AMES, JACKSON was being arraigned before Justice of the Peace LEDDY, of Gates. This was a formal appearance, adjournment being taken by arrangement between Assistant District-Attorney C. B. BECKTOLD and Harlan W. RIPPEY, of the George RAINES office, to Saturday, March 18th. Before then, it is expected, the case will have been submitted to the Grand Jury now in session, probably at the close of the inquest, which has been set for Monday.
MUCH PROOF ACCUMULATED
When the county officials left police headquarters yesterday morning, after the formal arrest of JACKSON, the people's theory of the crime, with him as the central figure in it, was definitely formulated. Proofs accumulated with staggering speed and certainly all day, until, after the return of Assistant District-Attorney AVERILL and Chief Deputy Sheriff Frank HAWLEY from the neighborhood of the murder, towards 6 o'clock yesterday evening, the county prosecutors felt warranted in giving to the public the remarkable chain of circumstantial evidence by which they claim to identify JACKSON with the homicide.
An important line of investigation taken yesterday was the examination of JACKSON's body for possible traces of a struggle with AMES, the submission of scrapings from his finger nails and those of the murdered man to microscopic examination by county physicians, and the beginning of a chemical search for blood traces in the clothing of the defendant. This research is being carried out in such detail that scrapings of JACKSON's nose are being examined because of his statement that he has been subject to a nose-bleed, which stained his garments. Reports on the physical examinations will be made to-day. That on the clothing may not come for a week or more.
SIX FRACTURES OF THE SKULL
The autopsy on the body of the murdered man was performed by Drs. T. T. MOONEY and Irving E. HARRIS yesterday afternoon. A stenographer reported the findings of the physicians, who were about two hours at the work. At the conclusion Dr. MOONEY, who is physician to the coroner, announced that death was due to a fracture of the skull and hemorrhage.
The skull on the left side was found to have been literally crushed in, no less than six distinct fractures being noted. Most of these are described by the medical men as compound comminuted fractures. The fractures extend from the deep depression over the right (unreadable) back of the head, where the skull was practically split by a blow. On the face appear many bruises, and there are several cuts in the scalp.
Examining the body, the physicians found that the chest bone was broken in two. A fracture of the left elbow also appeared. Five or six ribs on each side of the body were broken. Abrasions were found. The organs were healthy, particularly the heart.
Regarding the result of the autopsy the Coroner would not speak. He left the morgue at 6 o'clock, very much fatigued because of his labors during the preceding 24 hours. An inquest yesterday prevented him from obtaining an hour's rest during the day. He was on the go practically all of two days.
HOW WAS CHEST BONE BROKEN?
The result of the autopsy caused considerable discussion among those at the morgue. The fact that the chest bone was broken as well as many ribs may be accounted for, it was said, by the stones that were placed above the body when the murderer buried the corpse. Some of the stones were very large and heavy. The elbow fracture may have been caused by a fall, probably at the time AMES was struck when he was in the room over the cellar, where a few blood stains were found on the window sill.
The theory of many is that AMES received the first blow in this room, and that the force of it knocked him down. It was probably there that he received the blow over the right eye, well back on the forehead. That blow made a deep fracture, and must have produced unconsciousness of sufficient duration to permit his being dragged to the cellar.
In the dark recesses of the cellar, with no one near the house to hear or interfere with the murderer, the job was finished. There an ax, with a small part of the halve attached, was found.
JACKSON IN JUSTICE'S COURT
Sheriff BAILEY took JACKSON to Gates for arraignment shortly after 3 o'clock yesterday afternoon. Mr. RIPPEY and Mr. BECKTOLD had arranged for an adjournment, and the appearance before Magistrate LEDDY was a three minute formality. Gates residents crowded to the Judge's office to see the defendant, but the officials gave little chance for the morbidly curious to feast their eyes upon the negro, hurrying the proceeding and their departure from the town. JACKSON was collected and serious in manner and nodded gravely to acquaintances. Judge LEDDY was one of those favored with a bow of recognition.
When JACKSON was back in jail he sent a request to the Sheriff for insurance papers, memorandum books and other articles taken from his pockets when arrested. A psalm book he particularly asked for. Mr. MATSON advised Mr. BAILEY to let the prisoner retain the p--lter. The incident drew attention to a new aspect of the remarkable defendant. JACKSON is intensely religious, although said to be grossly superstitious. Perhaps his oddest trait is a leaning to the so-called reform element in politics, a bias which found expression in carrying a banner for a Ninth ward club devoted to an independent mayoralty candidate in the CUTLER campaign.
RAINES TO MEET CLIENT TO-DAY
Mr. RAINES will confer with his client for the first time to-day, although his managing clergy, Attorney RIPPEY, has had several talks with JACKSON at the jail.
The coachman's wife, now employed in the family of Charles BROWN, consulted counsel last August, when she left him, concerning the chance of compelling JACKSON to support her. Mrs. JACKSON said her husband's erratic conduct made it impossible for her to live with him. Mrs. JACKSON has some negro blood.
Jail Physician William B. WOLFF took the scrapings of JACKSON's finger nails yesterday. The microscopic examination will be principally a search for traces of epidermis of a white man. Notwithstanding the period between the commission of the crime, Sunday afternoon, and the taking of the scrapings, there is a possibility of the process disclosing tiny shreds of skin scraped off in a struggle.
Coroner's Physician T. T. MOONEY took scrapings of AMES'S finger nails. The microscopic examination made by him last night was also principally directed to the direction of bits of epidermis, should there be any. The importance of the discovery of traces of skin of a negro in these scrapings could scarcely be (next 2 lines unreadable)
NO MARKS ON JACKSON
(1st two line unreadable)
Dr. WOLFF showed total absence of any thing that might even be construed into a recent injury, however slight. Nothing broke the continuity of healthy skin on the negro's person but several old scars, said to mark Civil war wounds. Not a scratch could the doctor find on JACKSON, from head to foot, nor anything to indicate a physical encounter. Dr. WOLFF took the nose scrapings.
JACKSON says the clothing he wore to police headquarters is the same he had on Sunday. These and other garments of his go to Professor LATTIMORE on the University of Rochester. The ordinary process is to wash the clothes in a solution, the resultant fluid being examined for blood corpuscles. The blood corpuscles of a negro are not distinguishable from those of a Caucasian, it may be mentioned in passing.
Absence of traces of a struggle from JACKSON's person and attire does not improve appearances against him, should there be other evidence pointing almost conclusively to him as the murderer. The inference that would then be taken from his un-u--ied surroundings would be that AMES had bo chance to fight for his life, but was stricken down without getting within reach of his assailant.
NO ADMISSIONS BY NEGRO
Mr. MATSON contradicted yesterday the rumor that JACKSON had made admissions of guilt since brought into the case. JACKSON sticks to his first story, that he did not see AMES at all on Sunday. The only thing the accused has said that ever savors of an attempt to divert suspicion is that he encountered two strangers Sunday evening, on his way into Rochester, and fell into conversation with them about his place, talking of renting it. JACKSON tells the authorities he does not know who these men were.
Some confusion has grown out of the family relations of JACKSON. It is said he has a daughter married to one, "KOHLMEIER," or some similar name. One of the important witnesses in the case is Conrad KOHLMEIER, who rented the Gates house from AMES, and it has been surmised that this KOHLMEIER was JACKSON'S son-in-law. The men are not related in any way.
EVIDENCE OF BAD BLOOD
Assistant District-Attorney MATSON'S in formation covers the relations of AMES and JACKSON, which date back about one year. AMES leased the Gates property from JACKSON, and rented it to KOHLMEIER at an advance on the weekly sum he paid JACKSON. It is claimed this incensed the negro. Friction was the rule in the dealings of AMES and JACKSON after that. Five weeks ago they had a dispute at the WOODBURY barn, on Lake avenue, Elmer AMES, 17 years of age and Roy MALLABER (unreadable) incident. They say JACKSON refused to treat with his tenant unless AMES would enter the barn alone, and that AMES was afraid to do so. It is said by AMES'S family that he said, a fortnight after that occurrence, that JACKSON and threatened him with a shovel in Lake avenue.
It was three weeks ago Monday last that the legal squabble was heard by Magistrate LEDDY. JACKSON'S summary proceeding to oust the tenant, KOHLMEIER, was dismissed by the court as having been begun against the wrong defendant. JACKSON flew into a rage and declared that AMES had stolen his wall paper, that he had done things for which he should be in state prison, and that he was a thief, rascal and rogue.
Judge LEDDY quieted the men by threatening to lock both up.
QUARREL IN STATE STREET
A few days after that scene, according to MATSON'S information, AMES and JACKSON renewed the quarrel in State street. On neither occasion did they come to blows.
AMES claimed the right to rent the farm under the lease from JACKSON and he arranged with John BLACK to inspect the premises last Sunday. BLACK failed to come and AMES left Starling street between 2 and 2:30 o'clock in the afternoon, intending to go afoot to Gates, Monday morning Elmer AMES communicated to the foreman of a city gang his uneasiness because his father had not come home. The foreman said he did not know where AMES was and advised the boy to go to Gates.
It has been told how the lad drove out Monday afternoon and searched the house and barn. The house was locked. A west window was broken, and Elmer was startled by what he thought was blood on the sill. It is probably paint. When the lad entered by the window, he saw more red spots on the floor, probably also paint, of which there had been considerable spattered about the place a short time previous. That night Elmer reported his father's disappearance to Lieutenant O'GRADY of the Fifth precinct.
TUESDAY AT THE FARMHOUSE
Tuesday morning the boy went to the Ames street shop of the Hagen Company, where KOHLMEIER is employed. KOHLMEIER declared he saw AMES going toward the house Sunday afternoon and spoke to him, warning him that JACKSON was there and in a mad mood. Knowing the feeling between his father and the negro, Elmer began to fear the worst, and again got a rig and drove to Gates. Over near the South Greece line he found Constable KLEINHANS, the officer whose pertinacity led to the present investigation.
It was about the middle of Tuesday afternoon when KLEINHANS reached the house. The rooms were ransacked. A splinter of wood, bloody, with hair clinging to it that Elmer feared was his father's spurred the searchers. Bloody finger marks on the cellar wall, red spots on wood and stones, the ominous tinge of the water in the cellar drain, Impressed KLEINHANS with the reasonableness of the boy's terrors. The constable got a pick and shovel and raked over nearly all the cellar. The barns and outhouses had been minutely scrutinized, and every bit of ground that appeared to have been recently disturbed was probed.
Practically the only untouched space in the cellar was that where the body was, cleverly masked with vegetable refuse, an old ax grimly topping the heap. KLEINHAN'S pick had entered this pile twice when he felt the unmistakable impact of cloth.
JACKSON IN A VIOLENT RAGE
Solomon BERNSTEIN, of Joseph avenue, and Saul SIMONS, of Herman street, young butchers, were driving to Gates Sunday afternoon to buy a cow from a man whose house is near JACKSON'S. On Lyell avenue, not far this side of Otis station, a negro asked for a ride. He fell into talk with the butchers and wanted to rent them the Gates farm. BERNSTEIN and SIMONS drove to the house and JACKSON brought them in and showed the premises. The sight of doors that AMES had hung in the house threw JACKSON into a rage, say the butchers, and the negro cursed and swore concerning AMES with a violence that frightened them. His wrought-up condition made an impression upon the strangers, they say.
While the butchers were there, KOHLMEIER drove up and began to load some belongings on a wagon. The butchers walked to the neighbor's house and struck their cow bargain. They left (next 2 lines unreadable) JACKSON'S for their horse, drove to the neighbor's, and then repassed JACKSON'S with the cow in tow. Just as the butchers drove out JACKSON'S entrance and turned west, going for the cow, KOHLMEIER drove out with his load, they say, and turned east, towards the city.
TORE DOORS FROM HINGES
KOHLMEIER says he found JACKSON in a rage, as described by the butchers, and that the coachman tore down the objectionable doors and smashed them. He used violent language concerning AMES, says KOHLMEIER, and had previously frequently threatened to put AMES off the place should he come there, and had wanted KOHLMEIER to eject AMES.
KOHLMEIER drove to BARHYDT'S hotel, about three-fourths of a mile from JACKSON'S. Midway, he says, he met AMES, walking. AMES carried a stick about four feet long, a broom or hoe handle cut off. He was using it as a cane. AMES asked KOHLMEIER for the key and the latter said he had given it to JACKSON, and warned AMES of the negro's enraged condition, telling him of the destruction of the doors, and JACKSON'S language. AMES replied that he would see JACKSON, and continued walking west. KOHLMEIER went to BARHYDT'S, stayed there about an hour, and then went home.
AMES'S ARRIVAL AT FARM
Several neighbors have told Mr. MATSON that AMES, stick in hand, entered the house, which JACKSON had not quitted, between 4:30 and 5 o'clock. Gustave MALLECK, residing across the road from JACKSON's, and member of his family, say it was just after the butchers drove past JACKSON's, bound cityward with their cow, that AMES went into the house. George PEASE, whose house is about 200 feet to the east, tells a similar tale.
There is no proof that JACKSON went out of the house before dark that evening. Driving out, he had stopped at a store run by a negro, opposite BARHYDT's, and borrowed a broom. He was "cleaning up" when KOHLMEIER left. About 7 o'clock Ezra CARTER, who resides about a quarter mile east of the negro's, gave the coachman a ride in his sleigh to BARHYDT's, JACKSON being then about midway between the negro's house and the hotel.
About 7:15 JACKSON returned the broom to the negro in the store opposite BARHYDT's. He did not enter the hotel, JACKSON claims he went on foot from there to the city line. A rumor that Ed SMITH, a boy employed by Farmer George KIAAIMAN(?), whose place is one-half mile west of JACKSON's, was asked for a ride by JACKSON that evening and drove the negro back to the latter's house, has not been verified by the District-Attorney. JACKSON says he reached WOODBURY's about 8:30 P. M.
CLUB THE MURDERER USED
The splinter of wood, with hair and blood on it, which Constable KLEINHANS found, may be a fragment of a two-by-four scantling, some three to four feet long, found in the house. This impromptu club has blood on its shaft and bloody finger prints on the tapering end, which would make a natural handle. AMES'S broken cane was found, one fragment in the cellar, the other in the ___. Closer inspection of it shows no trace of its having encountered flesh or blood. It may have been broken over his knee by the murderer after felling AMES.
The rectangular formation of the scantling would account for the peculiar shape of the wounds, argues Mr. MATSON. At the same time, being a blunt instrument, there was probably no spattering of blood immediately responding to the blow. The blood through the house and in the cellar does not exceed the natural drip from scalp wounds, the authorities figure, and there was no need of the murderer getting blood on his clothing in executing the crime.
AX IS NOT CONSIDERED
The ax head, with a split helve two or three inches in length, is not considered by the county attorneys as the weapon of the criminal. It does not bear a single spot or trace of blood and there is hardly enough of it to make it a safe weapon for a desperate job, which had to be done speedily and surely. The tossing of the steel head stop the debris pile that covered AMES'S mangled corpse may have been a ghastly artistic finishing touch by a triumphant, glutted assassin, or, more likely, a mere accident.
"Where is the motive for anyone but JACKSON, assuming him to have killed AMES, to have so elaborately concealed the body?" challenge the authorities, and it will be a grave question for JACKSON'S counsel to answer satisfactorily, it would appear.
The body was concealed with rare skill, as witness the long search of the constable and the son. True, it was buried but six inches to a foot deep and warm weather would infallibly have disclosed the shocking secret of the cellar. It may be surmised, in this connection, that the murderer planned a return visit, when the coast should be clear, to dismember and dispose of the corpse. Perhaps a fire would destroy the house and hide the crime.
PART OF JACKSON'S PAST
JACKSON was the convincing witness against George WILSON, colored, in Albion, in the fore part of 1887, when WILSON was tried for strangling his wife, Alice WILSON. JACKSON alleged that WILSON had confessed the crime to him. WILSON was hanged. It is said, also, that JACKSON married a white woman in Albion and that there was some feeling against him on that account. He says his first wife is dead.
The present Mrs. JACKSON, a young woman, went to the jail as soon as she read of the arrest and expressed her confidence in his innocence. They were married three years ago. The couple have no children.
JACKSON, a coffee colored negro, five feet ten inches in height, but appearing shorter because of a stooping walk, weighs about 170 pounds. He was slightly larger than AMES. Neither was remarkable for aversion to wrangling, particularly over money, says report. JACKSON's is the typical Ethiopian head and features. He has a gray mustache and used to wear a goatee. He is a member of C. J. Powers Post, G. A. R., and the Union Veterans' Union, and served on the United States steamer Clyde.
Sunday's crime recalls to old-timers, the murder of a Portuguese by a compatriot in a log hut on the Lyell road in Gates, not far from where JACKSON's house stands. The crime was committed fifty years ago, and Maurice ANTONIO was hanged for it on June 3, 1851.
It is not unlikely that there will be more or less talk on insanity when JACKSON'S defense gets under way. W. E. WOODBURY, it is said, considers the man sane, although aware of his marvelous superstition. Delusions and hallucinations are recounted by people acquainted with JACKSON that may be raked up to help his defense.
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DOELL -- YOUNG
Miss Anna Marie YOUNG became the bride of George DOELL on Tuesday afternoon at the home of the bride's parents, No. 205 Merrimac street. Rev. C. N. CONRAD, D. D., of North German Evangelical Lutheran Concordia Church, performed the ceremony. Mr. and Mrs. DOELL will make their home at No. 205 Merrimac street.
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YOUNG -- CLANCY
Miss Margaret CLANCY was united in marriage to Arthur J. YOUNG, Tuesday at 12 o'clock, at St. Paul's Episcopal Church, the rector, Rev. Murray BARTLETT, officiating. Miss Hattie YOUNG was bridesmaid, and William and Frank YOUNG acted as groomsmen.
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ROCHESTER MAN ENDS LIFE ON TRAIN NEAR BUFFALO
Gustave Franks, Known to All Frequenters of Ontario Beach,
Shoots Himself in the Head
Buffalo, March 8, A man said to be Gustave FRANKS, of Rochester, shot himself in the right temple while on the Lake Shore Pacific Express as the train was passing Athol Springs at 3 o'clock this afternoon. He lived until he reached the Emergency Hospital here, dying at 6 o'clock. In one of the man's pockets was found a visiting card bearing the name Gustave FRANKS, and a union card giving his address as Rochester.
FRANKS shot himself while sitting alone in his seat. He was a very heavy man and his bulky form rolled out of the seat and into the aisle. The car was crowded, many of the passengers being women. Dr. HOWLAND, medical examiner, took charge of the body. FRANKS was a member of the ELKS.
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Gustave FRANKS was well known in Rochester. For fifteen summers or more he conducted a stand at Charlotte, where he became famous as a dispenser of hot sausage and other eatables. He lived at No. 708 St. Paul street, with his wife and two children, a boy of 16 and a girl of 11 years. The family was notified of the suicide last evening.
FRANKS left Rochester last week, going to New Orleans, where he attended the Mardi Gras carnival. He was on his return trip to Rochester, when he shot himself. At Cleveland he wrote to his wife. The letter was incoherent, indicating that his mind was upset.
Mr. FRANKS was a member of the Elks and the Red Men. He was at one time a resident of Charlotte, and ran for president of the village on the Democratic ticket. FRANKS had suffered from attacks of inflammatory rheumatism, and the severity of these is believed to have unsettled his mind.
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ADVISE TO EMBRYO LAWYERS
Be Fair, Square and Honest if You Would Succeed, Says Justice Williams
Hon. Pardon C. WILLIAMS, of the Appellate Division addressed the Rochester Law Clerks' Association last night in the Court House on "Jury Trials." Judge WILLIAMS gave an interesting account of the conditions that prevailed when he began to practice law. He then took up the different steps of a case that would receive a jury trial. In the matter of drawing up the complaint Judge WILLIAMS urged his hearers to practice brevity and conciseness. The defendant's attorney should never deny anything in the complaint except what his client says is untrue.
The speaker emphasized the need of a full understanding of the real issues of the case by the jury before the trial begins. He advised directness in the direct examination of witnesses and the elimination of all useless questions. "Go straight to the issue and do not attempt to bring in outside matters," he said. Continuing he
said:
"Cross-examination is a difficult thing and something that is safe for few lawyers to attempt. Remember that in cross-examination you are asking questions of the other side, and the answer is not always what you want.
Honesty and earnestness were emphasized as the chief qualities that go to make a successful trial lawyer.
"Avoid quibblings," said Justice WILLIAMS.
"Do not fight over something that has nothing to do with the case; come to the main issue. Ability to talk won't do alone; that ability must be applied to the question at hand. Earnestness will tell on a jury more than eloquence. Believe what you say. The pivotal idea is this, be fair, square and honest. If you can possibly help it, do not get your client into a law suit. Select your cases if you would be successful."
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DEATH OF DR. WILLIAM S. HALL
Succumbs to Operation at St. Mary's Hospital After Week's Illness
Dr. William S. HALL, of No. 293 Monroe avenue, died yesterday afternoon in St. Mary's Hospital, after an operation for septic peritonitis. He was taken ill last Thursday, but on Friday morning visited his patients as usual. Later he became so seriously ill that his attending physician, Dr. John W. McCAULEY, held a consultation with other doctors, the patient was removed to St. Mary's, and the operation performed.
William S. HALL was born in New York city in 1861. His father was a tobacconist who had come to this country from England. He was graduated from the University of New York in the class of '85 and soon afterward removed to Rochester, where he had been a practicing physician ever since.
Dr. HALL was a member of the Monroe County Medical Society, the Rochester Pathological Society and the Oak Hill Country Club. He leaves his wife, one son, W. Stevens HALL, who is in Hobart College, and three sisters, Mrs. M. E. ARMSTRONG and Mrs. F. Emily PLATT, of Rochester, and Mrs. A. E. THOMPSON, of New Rochelle.
A special meeting of the Monroe County medical Society has been called by Secretary W. L. CONKLIN for to-night at the Whist Club, to take action on the death of Dr. HALL.
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MRS. THERESA ADLER
Mrs. Theresa ADLER died at her home, No. ?? Clinton avenue south, yesterday morning. Mrs. ADLER was born in Germany, November 22, 1841. She came to this country with her parents, Abraham and Hannah WILE, when a young girl. Her marriage to Mr. ADLER took place October 27, 1861. For a few years Mr. and Mrs. ADLER lived in Medina, moving to this city about 1870, where the family has since made its home. Besides her husband, Mrs. ADLER leaves two sons, Isaac and Mortimer ADLER, of Rochester; five daughters, Mrs. Jacob L. GARSON, Mrs. Julius J. BAKROW and Mrs. Henry W. STERN, of Rochester, Mrs. Edwin S. MACK, of Milwaukee, and Mrs. Alvin LAUER, of Cincinnati; and one brother, Isaac A. WILE, of this city. Mrs. ADLER was connected with several charitable organizations and had many friends.
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Miss Louise BONESTEELE, formerly of Rochester, died March 2d at No. 3752 Rhodes avenue, Chicago. She leaves two sisters, Miss Mary BONESTEELE, and Mrs. OWENS, of Chicago. Miss BONESTEELE had many friends in this city.
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NO ONE APPEARED AGAINST HIM
Al JESSUP, a bartender, was in police court to face a charge of petit larceny preferred against him by Beal & Hall, saloon keepers of Main street east. No one appeared to press the charge, and JESSUP was told he could go. JESSUP was accused of appropriating to his own use $4.50 of the firm's while tending bar in the saloon.
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LYNCH - STILES
Miss Florence STILES and Thomas LYNCH were married Tuesday at St. Monica's Church by Rev. J. P. BROPHY. Mrs. Charles ELSMAN acted as matron of honor and Charles ELSMAN as groomsman.
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