The evening world., 1894-01-03
CLOTHING TO Be PRODUCED.
Garments of the Alleged Deceased
John @. Austin Demanded,
Witness Joseph A. Dallon Supposedly
Saw Him Drown.

r. The second day OF the trial OF the suit
of John e Austin's relatives against the
Mutual Reserve Fund Life Association to
recover $1,000 Insurance money on his
life. began to-day with the courtroom
crowded to its fullest capacity.
The crowd OF to-day was attracted
largely by the intimat.on that the plain
lins counsel would Introduce IA
witness who would swear positively that
Beach.
The Adirondack guides. who were
brought TO this city on two former occa-
sions. when the trial was expected to
occur. have not arrived. but It is SAID
the counsel 10. the defense expect them
to-day.
When the trial opened to-day Col.
James said hat he wished to recall,
during the day. Theresa Mahar, the
last witness Yesterday, and that he
bath.house July I, 1881. and alleged to
be Austin's. produced In court.
The defense acquiesced.
Lawyer O'Gorman. for the plaintiff,
1888 and 27.s72 for 5000 and $4,000 re-
The other $4,000 insurance on Austin's
life was on another policy. and Is not
involved In this suit.
Lawyer 9,Gorman then Proposed to
Col James sb %as on his feet In a momen
III he wishes to offer the will he must
produce the original. not a copy" he
protested. and Justice Patterson so
Lawyer o'Gorman then offered In evil
dence the letters testamentsry OF the
Joseph A. Dallon, a collector, at a
State street, swore that July 4. 1891. he
was at Manhattan Beach.
Along about 5 o'clock In the after
| Nom " goi6 Il0ll0n. 81 was walking along
the promenade near the beach watching
the bathers.
the size ife- fSo "e One Was Kicking "e up
monkey shines In the water and the
! other seemed to be floating. The latter
was about two hundred feet beyond the
life-noat. He disappeared beneath the
water"
"Did he come up again." asked Law
swimmer giving a public exhibition.
watched twenty minutes to see him
come up again.
account of Austin's drowning. Next
day | called on Austin's brother n told
him what I had seen"
Col. James cross-examined Mr.. Dal!on
-at length as to the route he took to
Manhattan Beach. what he paid for his
ticket and as to his each and every
movement during the day.
Col. James then read from an affidavit
made by the witness In the Fall OF 1891
in which he fixed the time of seeing the
men swimming at a little past 5, and
np @n,e this so p Set the ,ne wi nT,n.s to ,aTgy ~ so nts
specific time, but Mr.. Dallon said he had
no watch and could not say.
Witness said he went to the beach
asked him II he did not know the con-
cert was not concluded until 6. but re-
cei.ed a NEGATIVE answer; o,o.
tioning of Col. James as to the exact
time witness saw the men on the raft
Frederick b. Latimer, OF POI Atlantic
avenue. Brooklyn. met, Mr.. Dallon al
Manhattan Beach on the day In. ques'
ton, and was told by him of the drown
Thomas Curtis. OF 14ll Fulton street
Brooklyn. was told by Austin the iliEh,
before he disappeared that he wal going
After recess Frank S. Lord, ,senio,
member Of the firm OF Lord & Austin
member, testified to having known Avs.
tin for many years, and that their re-
iations were very close,
Witness mad seen Austin's watch and
paired at the time Austin is alleged &c
have been drowned. Witness did not
know where the watch was now, He
money in his pockets:
Thomas Curtis, recalled, swore that he
had not seen Austin since his alleged
drowning.
Upon cross-examination, Col. James
showed the witness a picture OF a man IN
hunting costume, and asked II he could
identify 1t. Witro-' thought the photo
graph was of Austin.
1t is understood ,'..t the defense will
contend that the photograph was taken
of Austin in the ~Adirondacks. where he
is alleged to be in hiding.
Joseph Elliott Austin, brother Of the
alleged dead man, and one of the
plaintiffs In the suit, testified:
the afternoon Of July 3. 1881. at is
Broadway, in my office.
Was your brother ,a In good spirits7'
the Fourth of July. Said he intended
to go to Manhattan Beach and take a
1.-Two days afterwards I received a
"stopi" shouted Col, James. ITS that
telegram In ex%istencey'
II dSn't d kpS yca Do Isp wish rs rs" witness
y think gave 1t to Lawyer o'Gor-
The telegram Mr.. Austin said read
v%aluables found at Manhattan Reach"
Witness then in a trembling voice de-
scrlbed how the following day he went
To Manhattan Beach was shown the
clothes found.
"As soon as I saw the clothing ! knew
they were my brothers, and that he
was drowned"
Mr.. Austin then told OF his further
examination of the effects found in the
bath-house.
The case Is still on.
60