The evening world., 1894-01-16
AUSTIN CASE CLOSED.
Lawyers Summing Up in the
Famous Insurance Suit.
Evidence In RebuttaI as to His Beinu
Seen in the Adirondacks.
Handling of IA Gun Annoys the
Foreman of the Jury.

The closing scenes of the trial OF the
suit for the recovery of $751; 900 insurance
on the life of John c. Austin from the
Mutual Reserve Fund Life Association
were enacted before Justice Patterson,
in Part III. of the Supreme Court, to-
day.
Col. James. chief of counsel for the
Company, announced at the opening of
the proceedings this morning that he
would not call the witness who was
going to testify that he had seen John
c. Austin within a month.
Mr.. Trull, for the plaintiff, continued
the examination of witnesses in contra
diction Of the witnesses called by the
Company, who testified to having seen
the supposed drowned man at various
times since July I, 1891, when the drown
Ing is alleged to have occurred.
The first witness of the day was Miss
Mary T.. Porter, an undoubted splnster.
In gray hair and spectacles. Miss Porter
lives in Fenton's No. 4, in the Adiron-
discredit the. testimony of the Lowville
li%veryman. Jay Ramsay, VINO testified
that he drove Jonn G.. Austin into the
later, on that Mr., Austin was drowned
the July 4 preceding.
Miss Porter testified til. old jay Ram.
tfy ldu Sdll last L tDTudTy Nnpl ne was
securing the woods FOR John G. Austin
that he hadn't seen Austin and didn't
believe amybody Else hsd in those parts:
plain little red headed nurse to the Aus
tin children, faithful and true, TO show
that the white buffalo BIZ" hat the
s shisR wGrn bv s lhSes ssd the h the sor nhntGI
graph of 1890 were left BY poor jack
when he disappeared July 4, 1891. This
was to discredlt the dozen guides who
anu q man In met ClrI n yicy IL, tl,a
6aranac Lake region In September. 1897,
and identified Austin's portrait as a like
ness of that man.
tiff in this suit in behalf Of the three
little sons of John G. Austin, was re-
property OF his brother. found by him
July 5, 1891, at his brothers. house. This
to prove that the man in a white hat
iSfna s a Bal hn@ G riHe. Gidn TGS, carry ng' Jack jack
Austin's own gum, at least.
Looking. for the number TO please Col.
James; Mr.. Austin turned the muzzle
Hold on!"' exclaimed Foreman Brown,
n~ervously, his fingers incased in, black
Kids, working energetical.y. Hold. on!
Just point that some other way. | don't
care about stopping its contents If it has
The witness said it wasn't loaded. but
the relief of the nervous foreman.
Mr.. Burnnam. attorney. for the insur-
ance company, conceded that If the
claim Is. allowed at all 1t should be for
principal and interest.
Then the plaintiffs rested.
Col. James recalled Mrs. Catharine
Fitzgerald. wife Of the gardener at the
La Marche place. in s~ur-rebuttal. She
co%ntradicted John c. LIZ Marches testi-
mony that he was down at the place
Sunday, Nov. IS, 1891.
This was one. of the. three days. when
the Fitzseralds say Henry j. La Marche
M John G.. Austin were at the place.
and one Of which days, Nov. IA, it has
NIarche was playing football on the
Polo, Grounds In this city. as a member
Of the team Of the Crescent Athletic
Club. of Brooklyn, that the c. A.
[. won the game, and La Marche,
one of the ~conquering heroes. was
hinqustded with The rest, frst
at the Crescent Athletic Club.
This c.oseI the case for he defense
also. and the lawyers presented their
arguments to the jury.
col. James mad ,alked to the jury
nnarIy two hours and was still talking
wilel a recess was taken.