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
Cross determination.

Col. f. 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 $4,000 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 lie identified a
policy for $4,000 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 c.
Austin was seen by cloud of wit
nesses In the Adirondacks for 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 o'clock on the afternoon of
July l. 1891.
Messrs Trul and OGorman had no
questions to ask for the plaintiff.
ment report to show that the tide at
Sandy Hook and Coney Island was
coming in at the hour-about p. NJ
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 Austin's body could not have
been carried out TO sea, but must have
been sr carried S ~, ,np on ne beach o,,,os 90
accept this book, and Elias b. Dunn,
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
that Oh July 4. 1891. the wind was blow
Ing from the southwest about all day,
and from to o'clock that afternoon 1t
blew from sixteen to seventeen miles an
hour directly towards Manhattan Beach.
1t was the same next day, only at
velocity of nine to fourteen miles an
hour.
Mr.. Dunn testified that that July 4
was generally clear, and that the tenn
perature ranged from GO to 76.9 degrees,
practically substantiating the testimony
of Dallon, witness for plaintiff, that II
was the coldest Fourth of July he had
ever known.
Again, no cross-questions were asked.
and the handsome. clerk of the Gather
went away with his armful of records.
Adolf Marx, a Lieutenant Commander
MaG Office ia ihe q Martms t EX
change, where reports of the tides are
kept, came next with testimony that the
supposed drowning of John C. Austin,
The highest tides are reached the day
after a new or full moon moon having been
July, and at G.2i p. NJ. of that day 1t
was high tide all along Coney Island
Hotel. rise Of 80 feet from mean low
tide.
From his maps the witness was able
TO- & testify tina. the water at ~ Manhattan dan
smooth. hard bottom. Without rocks ks or r.
The plaintiffs lawyers did not cross
Josiah Paxton, OF 6s East Ninth street,
who IL engaged in enlarging photographs,
Identified the life-size photograph OF John
C. Austin in hunting costume. as a solar
print copy made by him from 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
appointed In the enlarged picture because
one Of the two guns was missing.
With a beautiful display of angelic pa
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 been
"cut OUT as OF no consequence.
Jay Ramsay, of Lowville, Lewis
County, on the edge of the North Woods,
and hunters In the Adirondacks. was the
next witness.
He said he had known John c. Austin
in 1885, when he saw him "'bout an
Mr.. Ramsay recognized the big pho
tograph as a portrait of John c. Austin,
him wife. two children, nurse and
trunks, valises. guns and packages re-
II saw Mr.. Austin bout three times
tina season." said the mountaineor.
'They came out in August. My boy
drove 'em over to Lowville.
'"They came again In 1856"
~ took them in myself, in 1887, my
boys, Edward and 'Delbert doing the
driving They ssHaly lily, came tha Sopt 1T Siy
"They went to Fenton's. No 4. They
came. up in 1888. 1889 and 1880. same
"You observed Mrs. Austin :? What
was her condition p asked Col. James
OF Mrs, Austin's death long In the Win
"Did you ever see John C. Austin after
that ?" thundered Col James.
He got off the train from utica at
O'Clock in t4e morning shook hands
"Weni Did his hand feel clammy OF
ghostly?" demanded the silver-haired law
"well, didn't notice anything. was
who never smiled.
"'Mr. Austin. handed me his bag and
said he wanteS TO 20 over 70 No. :; Hs
wh!'e I hitched up a pair OF horses te
light buckboard. II took about twenty
minutes and then we rtarted for No. T.
No. IL about eigntcen miles in. on