davidaulloa/AmericanStories huggingface dataset:
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07

tbroned SO that he was unable to under
stand the nature and quality of the act he
was committing, or to distinguish be-
tween right and wrong. you may acquit
the defendant on the ground of Insanity,
bearing in mind that the defendant must
establish the fact of his insanity by pre-
ponderance of proof. If you flnd that the
defendant is not excusable on the ground
OF insanity, we still have under presump-
tion OF law II case of murder to the Sec
ond degree. TO constitute murder of the
first degree, the State must prove to your
satisfaction, beyond u reasonable doubt,
that the killing was wilful, deliberate
and premeditated. On this branch of the
case the burden is on the State and the
defendant is entitled to the benefit of the
reasonable doubt"
LAST WORDS.
After describing minutely murder in
the different degrees, the Judge reviewed
much of the testimony aud said:-"Now,
insanity is made out, the defendant
should be acquitted. II the defense
OF insanity is not sustained and
the version OF the killing
as detailed by the defendant upon the
stand is correct, the offense is at least
manslaughter. II the defendant has not
succeeded in convincing YOU that the Of
tense should be mitigated to manslaugh-
ter, he is guilty of murder in the
first or second degree. If he fired the
fatal shot without intent to take life. but
only to do great bodily harm. the offense
Is murder in he second degree. If he
fired ths fatal shot with intent to take
life or Indifferent whether death ensued
or not. he is guilty of murder in the first
degree. You are the judges of the facts
of The case"
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
OBSTINATE STOCKMAR.
Says He is Not Expelled From Comp
D-Eighting Ahead.

Says He is Not Expelled From Company
D-Fighting Ahead
The row between the members of Com
pany ID, Fourth Regiment, and M. B.
Stockmar, the maDAger of Bergen II al -,
is becoming more bitter every day an it
is very likely that Colonel Abernethy or
General Wanser will be called upon to
interfere. Mr.. Stockmar, the readers Of
The JERSEY CITY NEWS will remember,
refused TO allow the National Guardsmen
10 dance in the hall on drill nights, and
when the Ladies' Auxiliary was about to
mold Its annual reception he in
continently turned off the gas. leaving
Inc hall In darkness. The members of
the company then held special meeting
and expelled Mr.. Stockmar, VINO was an
honorary member.
The proprietor of the hall declares that
ne was not regularly expelled and is max
ing hot fight. He says that before the
company can expel q member. charges
must De preferred against him and IL
trial given. Ii he is found guilty, saws
Mr.. Stockmar, he eau only be expelled BY
tWo-thirds vote OF the company.
The members of the company think
otherwise. however, and will not allow
Stockmar to attend any of the meetings.
AT the last meeting he slipped into the
room. Sergeant Godfrey q. Dllaway
noticed him and grabbing him by the
collar put him out. Dillaway threatened
TO repeat the operation if SGockmar ever
again came into the room.
Stockmar declares that he will get
square If it takes lifetime.
Il am still a member" says he, "and I
will fight this matter to the bitter end."
Stockmar further says that he will at
tend the next meeting no matter what
happens.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
STANTON HAS SPOKEN.
The Hoboken Police Hear a Solemn
Warning-Exit Green Goods.

The HobOken Police Hear a Solemn
Warning-Exit Green Goods.
The green goods" gang have, to all
appearances. decamped from Hoboken
Not one of them has been seen on the
streets since Monday night. Their ne
gotiation for the rental of a store on
Newark street, was abruptly terminated
Monday evening. after Ellwood read in
IHE JERSEY CITY NEWS that his move
ments were known. Mayor Stanton's
strict instructions to Chief Donovan to
see TO lt that these men were driven out,
even II It took the whole department. to
90 so, backed up by the exposures OF the
effect.
Mayor Stanton has evidently been talk
Ing to the police officials, for the night
squad, before they went on duty at mid
night Tuesday, had the riot act read to
them. Chief Donovan instructed Cap
tain hayes to warn the men to be more
Vlgilanr. The Captain did so, saying:-
want every man of you to under
stand that IL burglary or an attempted
burglary occurs on your post without
your knowledge of it before you come off
tty' tauty' and if any occurs without
OF the perpetrators, l shall prefer q
cnarge OF neglect of duty against you to
tne Police Commissioners. Burglaries
are taking place every night. and no in
formation is received here until it is
brought by the persons robbed or other
citizens. l don't propose to have this
condition of affairs continue"
There have been some burglarles, but
not an extra unusual plumber. The fault
ID good many cases lies at the door of
slorekeepers who are careless in protect
ing their own stores. Hardly a night
passes but what two or three doors are
found open by the officers. Murray's sa-
loon door. corner OF Willow avenue and
Fourteenth street. hps been found open
twice by Officer Hayes within eighteen
days. Last night Officer Quinn found
the store door of Glazer's store, No. 405
First street, open.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
SECOND DEGREE.
Counsellor Simpson Saves
the Life of Wife Slayer
Kinney HaYner.
LAST IMPASSlONED PLEA.
The Accused Weeps as He Part
With His Foster Mother
Winfeld's Urgency.
JUDGE WERTS' EXCELLENT CHARGE

There was but small number of people
i'll Court this morning when at half past
niue o'clock Judge Werts began his
charge to the jury in the Hayner case.
The prisoner sat in his accustomed place
beside his counsel and he listened with
painful attention to every word that fell
from the lips OF the Judge. The charge
was finished in thirty-tiye minutes. 1t
was carefully prepared one, and Judges
Lippincott and Hoffman, who sat with
udge Werts, paid marked attention 10
it.
When Judge Werts finished. District
Attorney Winfield said 10 the reporters
that it was the clearest and best put
chHlge he had ever heard.
Judge Werts thoroughly explained the
degrees of homicide, malice, reasonable
doubt, manslaughter aud insanity. to the
jury The charge lasted thirty i've minutes
and then the jury retired. After a con-
suli alton for forty minutes, verdict was
reached and the jury came in. Their
faces were sober and thoughtful.
" men the Clerk called the roll. Hayner
watched eagerly the face of every juror
as If eadeavoring to discover in it some
ray of hope. Foreman w. H. Furman, in re-
ply 10 the customary question, replied that
th- jury had agreed and had found
yeruict OF murder in the second degree.
When Hayner heard this he feclined
back in mis- seat aud was for time mucE
acitated.
Counsellor Simpson said he thought
Eayner would plead guilty TO murder in
the second degree for the killing of
Adams.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
CITY NEWS NOTES.

George Shell, twenty-five years old, was
found on Colgate street last night suffering from
delirum tremens.
Edward Giigan of No $50 First street is ac-
cused of being one of the thieves who have
been robbing the Pennsylvania Railroad freight
cars of meat. He is held
Thomas Powers, JF., of Colgate and York
streets, did not get home early enough last night
to suit Thomas Powers, Sr. He was, therefore,
cut on the head with knife. Thorn as, Sr., is
held in 500.
James Deehan of No. 255 Erie street has been
off on a spree for the past month. Last night
he was arrested running around barefooted and
bareheaded in GSe Segory street. He is held to be
examined as to his sanity.
Jacob Deiner forty-nine years old, silk
weaver of No. III Durham avenue, was taken to
the City Hospital yesterday, suffering from
paralysis.
The ] J. Moran Association will hold it's first
annual ball at Turner Hall on Saturday evenip z
next.
Justice Kimmery this morning sent Patrick
Higgins OF No. 46 Jordan avenue totthe County
Jail for thirty days for causing a/distu Fbance
while drunk on Jordan avenue last evening.
The trustees of the Flremen's Relief Associa-
tion met last evening at Fire Headquarters and
elected Samuel Marci President, and Assistant
Chief Denmead Secretary.
The Jersey City and Bergen Railroad Com
pauy, after spending about $50 for stationery,
succeeded in getting 81 returned ITO it which
was paid in excess for water rent. The mistake
was due to clerical error on the part of the
city.
The joints and muscles He SO hibr;cated bv
Hood = Sarsaparitla that Nj rheumatism and
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
TAX BILLS COMING.

The Financeers Confirm the Books and
Clerks VIII Go to Work at Once.
The Finance Commissio uers held a
pose of confirming the tax books as sub
mitted to them by the Tax Commiss ion
ers. The members Of the Board
held conference previous to
the meeting, which lasted more
that there was a hitch somewhere over
the confirmation of the tax books.
President Edestein's appearance with
a pleased smile on his face set all fears at
rest. as it was Immediately announced
that the books would be confirmed.
City Collector O'Neill was on hand
desirous of making arrangements for his
force of clerks to make out tax bills,
when the rush begins. The City
Collector wanted the tables SO arranged
as to make an enclosure for
the clerks and present tax payers
from bothering them to such an extent
as to keep them from working with all
rapidity.
Tax Commissioner Clarke was at the
his clerks. and insisted that their
desks be permitted to re-
main near the windows facing
Cooper alley. Mr.. O'Neil insted thai his
clerk would be unable to see to do their
work on the opposite side of the cham Der,
A wraugle ensued in which both gentle
men declared that they cared Moth
ing for each others wishes or
for each other as individuals and
then called IL q draw. The disagreement
was amicably adjusted and the room will
be satisfactorily divided so that the work
will go merrily on without the
slightest trouble. The tax books
were confirmed by resolution and
filed with the City Collector for collec-
tion. The work of making out tax bills
will begin tomorrow morning promptly
at nine o'clock.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07

Impartial and Perspicuous Review of
the Law and Evidence,
In his charge to the jury concerning in
sanity. the Judge quoted from Hayner,s
testimony as follows:-
AS came within about four feet of them. still
looking, trying to discover who it was / was
horrided to see there my own wife, the wife
embrace of another man. l jumped for her
took her by the arm and says. my God Lottie'
what are you doing here? Come home this is
no place for YOU" At that moment / recoo nizad
Mix Adams by his voice and he swung
around and said, "You - don't Won
come between u.s." At that felt queer sensa-
ton coming over my head and everything was
turning black and from that l remembered
nothing that transplred or happened until /
heard my wife call me by name, saying. 'oh,
Frank, you have shot me- l looked and found
the revolver in my hand.
That. gentlemen, so far as recall it,
is all or the substance of ell the testimony
claimed to show that the defendant WAS
insane at the time of the actual commits
sion of the offense. There is other testi-
mony, of associates and acquaintance more
or less intimate. that at times he acted
strangely, and that he was nicknamed
crazy Frank but feel 1t nv duty to
charge you that the evidence adduced is
of a very unsubstantial and unreliable
character. OF this class of evidence,
Chief Justice Horn blower in the
said:- The evidence of insanity
upon which jury should rest will vary
with every case; but generally speaking,
the evidence of those who saw the person
accused, every day and Immediately prev
ious to the commission of the act, who
are intimate with him, talked with him
is that on which a jury ought to
place the greatest reliance That
is as compared with other evidence of
insanity. Whether or not the evidence in
this case is of the character and descrip
tion indicated, is for you to decide, and
you will give it such weight in determine
ing the main question, that is, the insan-
fty of the accused at the time of the COM
mission of the otfense, as you think il
entitled to.
PEACEABLE CHARACTER.
There has also been offered evil
dence of the peaceable dispositio on of the
defendant, from which the inference, it
is said. may be drawn that this defendant
III his right mind would not have COM
mitted the act in question. Such evidence
IS competeu5, but concerning it the
Supreme Court OF this State has said,
1t should receive little attsQtion in any
case, unless where the past, is itself
dubious, or where the charge fosts alto
gether upou presumpttve testimony.
Against the positive declaration OF honest
witnesses 1t ought not to be permitted to
weigh
THE BIG ''IF."
III from the evidence in the case, you
ind that at the Time Of the killing the
reason of the prisoner was actually de-
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
SAW TWO OF HIS CHILDREN KILLED.

Frank Gokey, Jr., who met his death
by an explosion of Il boiler Monday last
on his fathers dry dock, will be buried
in Oswego, the former home of the
family.
Mr.. Gokey. Sr., has had the terrible
mist ortune of seeing two of his children
die in agony, the result of injuries
received on his own dry dock, and curl-
ously enough both deaths due
to the machinery. Previous to COM
ing to Hoboken Mr.. GokeY had
dry dock in Jersey City.
One day his daughter Florence was visit
ing him. and the father took pleasure in
telling her of the work of himself and her
brothers. They entered the engine
house. and while looking at the ma-
chinery, her clothing caught between
two large wheels. Her father hurried to
her assistance, but too late. for she was
dragged between the wheels and horribly
crushed before the machinery could be
StODDed
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
MRS. COsTONzO's FATHER.

Sheriff McPhillips yesterday received letter
from Mrs. Kate Costonzo, of Denver, Col, who
asks him to help find her father. Mrs Costonzo
wrote that her maiden name was Kate M urphy,
her mothers maiden name was Eliza Curran
Carlow. Ireland, twenty-five years ago. When
she was born her mother died, and she never
saw her father, who. when she was two weeks
Costonzo was cared for by Mrs Leonard.
Some years ago Mrs. Costonzo came to this
country, and since then married and went to live
in Denver.
She has learned that her father fought in the
Rebellion and lostia leg, and that he draws a
pension, also that he lived in this city.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
BOYS BRIGADE NIGHT.

The Boys Brigade of the First Presby-
terian Church gave pleasing entertain
ment last evening. 1t opened with a
reading by the Rev. Charles Herr. Then
followed drill which was led by Lieu
Company. Knights of Temperance, of
Brooklyn. Mr.. Atkinson is also Sergeant
of Company F, of the Forty-seveutn
regiment. A song by Mrs. Patterson
elected much applause. A boys drill
followed, and their performances were
greatly enjoyed. A potato race con-
cluded the entertainment.
Refreshments were served.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
GEORGE B. FIELDER's FRIENDS.

The old George B. Fielder Guards
underwent transformation at the ave-
nue. House last night. They are now the
George B. Fielder AS sociation. There
were 102 members present last night
when the reorganization was effected.
The following officers We're elected
President, Werner Bruins; First Vice
President. Elias P. Roberts; Second Vice
President, Jeremiah J. Maher; Third Vice
President, Charles L. Lllis; Financial
Secretary, Charles NJ. Austin; Recording
Secretary, William Pearson; Correspond
ing Secretary. Christopher P. Smith;
Sergeant-at-Arms. Frank Burke.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
FIREMEN'S ASSOCIATION.

The trustees of the Firemen's Relief
Association organized at he adquarters
last night by electing Emile Sleger Pres
ident and Engineer John T. Denim cad
Secretary. Other business was routine.
The recently elected officers of the asso-
citation are George j. Brackner, Pres
ident; Charles Carroll. Secretary; Charles
Esterbrook, Treasurer and Collector, aud
Emil Steger and Theodore Zumbusch,
Trustees for one year; John Hogan and
Martin Rouse for two years, and John H.
Brown for three years.
The associations funds amount to
Sl1, 700,
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
LAFAYETTE REPUBLICANS.

The Lafayette Battery met last evening
at the Lafayette House on johnson ave-
nue., and effected permanent organiza-
ton. The following officers were elected
Presi dent, John E. Halliday; First Vice
President, Charles O'Rourke; Second
Vice President, John G. Kaiser; Secretary,
John Dingwall: Treasurer. j. V. S. Hill
lier: and Trustees, F. Herkstrotter, w.
K. Wolverton and E. E. Cooper.
The invitation to attend the Wanser
Guard Stag on December 16, was accept
ed. The organization will be Republican.
1t starts with a membership of over one
hundred.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
THOSE SNOW STORM WARRANTS.

The policemen of the Fourth precinct
have not yet received the subpenas for
the thirty-tlve residents on the Hill. who
were charged with violating the snow
and ice ordinance. Justice Kimmerly
refuses to sign them on the ground that
the complaints were made but two nours
after the snow storm ceased. The ordi-
nance gives residents four hours time
Captain McKaig says the complaints
aud the Judge declares that McKaig
does not know what he is talking about,
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07

dition of the woman was as Hayner has
described it,"
II object to this. Mr.. Simpson," ex-
Claimed the Prosecutor angrily, "there is
not a particle of evidence concerning this
statement. Contine yourself TO the evil
dence."
ut is not my fault that it is not in the
evidence" retorted Mr.. Simpson. i'm
presslvsly
The shrewd young lawyer had gained
his point, the jury had heard what he
wanted the members to hear and they
were rejecting on it.
PERTINENT QUESTIONS.
Continuing. Mr.. Simpson asked
why did this woman remove her corset 8
before leaving the Adams house and give
them to her husband to carry home? She
said II was because they hurt her; do you
believe that from subsequent events?
Why. let me ask. was it that after doing
this she declared to her hus-
band that she would not go
home from the Adams house without
Mikef ASK yourselves these questions.
gentlemen. when you are alone in the
jury room with your God" After an
exhaustive explanation of the evidence,
aud pathetic appeal for Hayner, Mr.
Simpson finished, aud all in the Court
Room knew that asgreat court speech, for
so young man, had been made.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
BURNED AT THE TOP.

A fire started in the attic near the
ch1mneysof Thomas Graham's four story
frame tenement at fifteen minutes to
three O'clock this morning. Peter aud
John Snyder, brothers, occupied the floor
They We're awakened by the cracking Of
the flames in the roof anG the household
was quickly aroused. Policeman Moran
pulled box 4. The firemen, directed by
superintendent Brown. confined the
names to the roof and front room.
Michael Mahan's rooms on tha third floor
and Graham's living apartments on the
second floor and saloon on the ground
floor We're thoroughly drenched in front.
The house belongs to Lawyer James
Fury and is damaged $500. The total loss
is $780,
Fury and Graham are insured.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
POOR JACKS FOLLY.

John Koeuegoran, a sailor, received his
months pay last night, and securing a lea We of
absence, came uptown to enjoy himself On
Grand street he met the notorious Louise
Langton, who inveigled him into a supposed
sailors snug harbor. An hour later the HoI-
lander caused her arrest for robbing him OF
two pound notes. Both were drunk. This
morning Justice ODonnell, who recognized
Louise, held her in $500 for larceny and held the
sailor as a witness
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
MUSIC AND FAN DRILL.

A very successful entertainment was
held last evening at the Lafayette Baptist
Church by the Sunday School. The
church was crowded and handsome
sum was realized. Miss Mamie Stevens
opened the entertainment with a piano
solo, and received much applause. Reci-
tations were made by Mr.. S. ]. De Deyn,
Miss Jennie Peters. Miss Florence Smith
and Jessie Thompson. The fan drill by
sixteen young girls was very pretty. The
piano duet by Misses Lulu McGown and
Anpie Waters was we'll rendered
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
STATE BOARD OF ARBITRATION.

Special to the Jersey city Menus
TRENTON. Dec. Z, 1s92.-The new State
Board of Arbitration partially organized
yesterday in the room adjoining the Su-
perintendent of the State House. They
were sworn in Office by Justice Mills. and
then they elected John P. Mcdonnell of
the Paterson Standard Chairman of the
Board. The new Secretary will be chosen
In a few days. The Board then proceeded
to codify the law as passed by the Legis-
lature last winter.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
REPUBLICAN VICTORY IN PLAINFIELD.
Snecinl 10 The .Lerseu aim Ne,ns

Special to The Jersep City Neaos.
PLA1NFIELD, Dec. z. 1s92.-In the city
election held here yesterday the entire
Republican ticket went through with the
execution Of the City Judge. w. A. Cod
dington defeated John Ulrich, late State
Organizer of Republican clubs for this
office Alexander Gilbert, cashier of the
Fulton and Market National Bank. was
re-elected Mayor. and Charles Fisk
Stephen A. Guin and w. G. E. See. Jer-
sey City LAWYER. were elected Councilman
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07

CuAIMrNs-on Monday December 5, 1892, Selma F.,
second eldest daughter Of Mary and the late
John Cummins
Relaives d friends Of the family are respect
fully vfted TO attend the fune al on Thursday.
Dece Nber ., at one o'clock, NJ, from her late
residence, No. 1874 Mercer st eet.
lnterment In Calvary Gene cry,
KELLY-on Monday, December s 1899. Owen Kelly,
believe husband uf Margaret Kelly.
Relatives and fri nds of the family are respect
ful invited TO attend the funeral from his late
reside nee, No 24SSs 70 Irtn street, friday be-
eemoer9 at nine O'Clock A. Nj thence to st dary's
Church. whore solemn high mass will be offered
for he happy repose OF his soul.
o'BkIEN--on uesoay. December g. 1892, ] seph
O'Brlen youn est son of John and ELL n r.
O'trien, ag d fourteen years, six months and
twelve days.
Relatives and friends Of tile family are invited
TO attend the fUner on thursday afternoon De-
cemleTS at two O'Clock, from his late residence
No. 60 Mercer streeI.
THoMsoN-on Tuesday, December 6. 1892, Mar
{, ret j. s. eldest daughter # David and Sophia
1h2mpson, ags nineteen years. ell months
and twenty-f dayg
Reiap YES and friends are respectfully invited to
attend lhe fun 4ral on Friday December 9, at one
O'Clock NJ, from her late residence, No. S4l SUM
nit avenue
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07

in length. three feet above the sidewalk
and three feet IN thickness at the base
tapering to two feet at the top. 1t is to
be surmounted with granite coping.
Freeholder Kimmerly offered resolu-
tion, which was adopted, supplementary
to tht one increasing the price of graves
at Snake Hill. Morgue Keepers will now
be allowed to bury deceased paupers at
the old price for graves. s. each.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
LIKES TO SLEEP OUTDOORS.

Joe Brady, thirteen year old boy, who pre-
fers sleeping in coal boxes to the bed provided
by his parents at No. 116 Thirteenth street. was
prisoner IN Justice O'Donnells court this
morning on suspicion Of having broken a pane Of
glass IN Hugh koundtree's cigar store on Mont
gomery street, preparatory to robbing it. The
boy pleaded innocence and was sent to the
County jail for thirty days.