The evening world., 1894-01-08
SAW AUSTIN ALIVE.
Jay Ramsay Swears He Drove the
Missing Man Into the Woods.
This Was in August, 1891, After
the Alleged Drowning.
His Testimony mistaken by the
rOss-EXamination.

Col. e. c.. James, counsel for the Mu-
tual Reserve Life Fund Association,
called Frank II. Pearl, of Philadelphia,
as the first witness for the defense, when
the trial of the suit brought by the
executor of John G. 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, al
800 Broadway. in 1891. He identified a
policy for $40, coo issued to John c. Austin,
July l, 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 e.
Austin was seen by Il 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 ut
Sandy Hook and Coney Island was
coming in at the ~hour-about / =. M
when John G. Austin is supposed to have
drowned. and was coming in from two
to three hours after that. This was to
show that Austin's body could not have
been carried out to sea-, but must have
been carried up on the beach.
The llninIin'S nttlrppVS declined IN
accent this book, and Elias Il. Damn,
the Government weather observer, was
called to show what was the direction
ana 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
that on July 4, 1891, the win was blow
ing from the southwest about all day,
and from . to 6 o'clock that afternoon IT
blew from sixteen to seventeen miles an
hour directly towards Manhattan Beach.
1t was the same next day, only at q
velocity of nine to fourteen miles an
hour.
was generally clear, and that the tenn
peratlre anged from 60 to 76.9 degrees,
practically s~ubstantiating the testimony
or D3llon, witness for plaintiff, that il
was the coolest Fourth of July he had
ever klown.
Again, no ~cross-questions were asked,
and the handsome clerk Of the weather
went away with his armful of records.
Adolf Marx, a ACKNOWLEDGEMENTS
In the Navy, in charge of the branch
photographic office in the Maritime EN-
change, where reports of the tides are
kept, came next with testimony that the
tides We're cominR 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
July, and at 62i p. NJ. of that day IT
was high tide all along Coney Island
from Norton's Point TO the Oriental
Hotel, u 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 II feet deep as
far out as $50 yards from shore, with a
other roughness on the bottom.
The plaintiffs lawyers did not cross
examine.
who is engaged in charging 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
then Foreman brown, the nervous
juror, told the Court that he was dis
appointed in the enlarged picture because
one Of the two Fun vas m!ssInE,
tience. Justice Patterson explained that
the big picture was intended to show the
figure Of John c.. Austin, and that the
gun, standing a little apart. had beer
"cut OUT as Of no consequenc
jay Ramsay. of Lowyilie, Lewis
County, on the edge of the North Woods,
n hunters in the Adirondacks, Mas thu
next witness.
He said he had known John c. Austin
IN 1855, when he saw hin "'bout al
Mr.. Ramsay recognized the big pho,
tograph as a portrait Of John {; Austin,
him a wife, two children, a nurse and
During two teams 70 draw them over the
hills and into the woods iho,,t ,rr,o t,mo.
tina t season." said the mountaineer
They. came out in August. My boy
drove 'em over to LoWviile
They came again In 1885,
II took them in myself, in 1857, my
boys, Edward and 'Delbert doing thu
driving. They usually came bout july
T. and l took 'em out the last of Au'
'They went to Fenton's, No. 4. They
came up in 1888, 1889 and 1880, SAINT
You observed Mrs, Austin VIVA
She didn't look very healthy. | heart
Of Mrs. Austin's death Ions in the Win
IBID You ever see John c. Austin aftel
that ~ Numbered Col. james.
Yes, sir; saw him in August 1891
o'clock in the morning. shook hands
well! Did his hand feel clammy OF
Fhostly?" demanded the silver-haired law,
yer.
"Well. / didn't notice anything was
the matter Of fact reply of the witness
who never smiled.
Mr.. Austin handed me his bag and
said he wanted TO go over to No. l. He
went into the hotel and got his breakfast
while / hitched up a pair of horses &c
a light blackboard. II took about twenty
minutes and then we started for No. i
No. 4 Is about eighteen miles In. Or
the way / told him / had seen In the
papers his wife was dead. He said yes.