The evening world., 1894-01-08
LAST EDITION
SAW AUSTIN ALIVE.
Jay Ramsay Swears He Drove the
Missing Man Into the Woods.
This Was In August, 1891, After
the Alleged Drowning.
MI. T---- UY-.II>- 49, Ar
Hi Testimony Unshaken by the
Cross Examination.

Col. e. c. James, counsel for the Mu-
tual Reserve Life Fund Association.
called Frank H. Pearl, of Philadelphia,
as the first witness for the defense, when
the trial of the suit brought by the
executor Of John C. Austin for the re-
covery of SIS, 900 life insurance, was re-
sumed this morning before Justice Pat
terson In the Supreme Court
Mr.. Pearl was a clerk for the United
States Mutual Accident Association, at
800 Broadway, In 1891. He identified a
policy for $O,O 900 issued to John c. Austin,
July 1, 1891, three days before the al
legged drowning Of Austin. while bathing
at Manhattan Beach.
Col. James, who has promised to the
Jury that he would prove that John C.
Austin was seen by a cloud of wit
nesses in the Adirondacks for a month
or six weeks after he was drowned,
made the witness tell the official titles
OF all the insurance men whose names
appeared on the policy, and that the In
surance began at precisely forty min
utes after 2 o'clock on the afternoon Of
July /, 1891.
Messrs. Trull and o'Gorman had no
questions to ask for the plaintiff.
Next Col. James introduced a Govern
ment report to show that the tide at
Sandy Hook and Coney Island was
coming in at the ~hour-about 4 p. M
when John c. Austin is supposed to have
drowned. and was coming in from two
to three hours after that. This was to
show that Austip's body could not have
been carried out to sea. but must have
been carried UP on the beach.
The plaintiffs, attorneys declined to
accent fhtQ hnnk and Elfno II nttnp
the Government weather observer, was
called to show what was the direction
and velocity Of the wind on July 4, 1891. ,
Mr.. Dunn. who Is the handsomest and
most suave witness Justice Patterson
has had in 1894. testified from his records
hat on Julg a. 1881; the wind was blow
and from 2 to 8 o'clock that afternoon it
blew from sixteen to seventeen miles an
hour directly towards Manhattan Beach.
II was the same next day, only at a
- velocity OF nine to fourteen miles an
- hour.
\ perature ranged from 60 to 76.9 degrees.
practically ~substantiating the testimony
of Dallon, witness for plaintiff, that it
was the coolest Fourth of July he had
Again, no ~cross-questions were asked,
and the handsome clerk of the weather
Adolf Marx, a acknowledgements
IN the Navy, in charge of the branch
photographic office In the Maritime Eek
kept, came next with testimony that the
tides were coming In at the time Of the
supposed drowning OF John. c. Austin,
The highest tides are reached the day
after a new or full moon. having been
gradually, increasing from quarter moon
was high tide all along Coney Island
from. Norton's Point to- the Oriental
Hotel. a rise Of 4 $40 feet from mean low
tide.
From his maps the witness was able
to testify that the water at Manhattan
Beach was only 10 to ~ feet deep. as
smooth. hard bottom. Without rocks ks or
The plaintiffs lawyers did not cross
Josiah Paxton, OF 60 East Ninth street,
who is engaged In enlargtng photographs,
| Identified the ~life-size photograph of John
c., Austin in hunting costume. as a solar
print copy made by him from a cabinet
photograph of the alleged dead man, and
Dr.. Charles levitt, OF Brooklyn. taken
The big photograph was unveiled. and
juror, told the Court that he was dis
one Of the two guns was missing.
with a beautiful! display of angelic pa
nence, Justice Patterson explained that
figure Of John G. Austin. and that the
gun. standing a little apart, had been
"cut out as OF no consequences.
County, on the edge of the North Woods,
where he keeps conveyances for tourists
and hunters in the ~Adirondacks, was the
He said he had known John C, Austin
IN ls&5, when he saw him bout an
hour"
Mr.. Ramsay recognized the big pho
tograph as a portrait OF John c. Austin,
and recalled that In 1885 Austin had with
him a wife; two children; a nurse and
a Tirns: two vS,'t team sum !" draw a"S them over the
hills and into the woods.
II saw Mr.. Austin bout three times
"They came out in August. Ny boy
drove 'em over 10 Lowville:
They came again in 1885,"
boys, Edward and 'Delbert doing the
driving. They usually came bout July
I. and l took 'em out the last OF Au-
''Thcy went to Fenton's. No 4. They
came up In 1883, 1880 and 1895, same
way" .u,u,
" was her condition ?' asked Col. James.
Of Mrs: AIstln's death long In the Win
ter, bout Jan. !, 1891"
ibid you ever see John c. Austin after
hat ?" Numbered Col. James.
Yes, sir; saw him in August 1891;
O'Clock in the morning. l shook hands
Well Did his hand feel clammy or
ghos.!y:' demanded the silver-haired law
yer.
well. 7 didn't notice anything was
the matter OF fact reply OF the wltnesE.
who never smiled.
Mr.. Austin handed me his bag and
said he wanted to go over 10 No. T. He
went into the hotel and got his breakfast.
- while I hitched up a pair OF horses 10
a light blackboard. II took about twenty
minutes and then we started for No. 4.
tse way told him rad seen N n: