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Post by jon on May 17, 2010 10:32:16 GMT -5
When court convened Monday morning Mr. Klock spent about 40 minutes in placing the case vbefore the jury, and in telling what he expected to prove.
Robert O'Baniel, colored, of Utica, was the first witness. He happened to be in Pell's saloon when the fight took place.
He described the fracas and swore to seeing Peresett strike Fox with the chair, inflicting the wound which proved fatal. Other witnesses corroborated O'Baniel's testimony. The people rested yesterday morning and the defense was opened. The trial will probably be concluded to-day.
ROMAN CITIZEN - MAY 2, 1894
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Post by jon on May 17, 2010 13:54:05 GMT -5
DRUNK CLASS HAD BAD DAY _________________________________
Labor Day Boose Gang Gives Choices of Fines or Jail _________________________________
It was a bad day for the drunk class in City Court to-day. Henry Cady was at the head of the class and drew $10 or 10 days. Guisippe Patrick, Wilfred Delamore, John Carr, Thomas Doabely, Andrew Obaft and Thomas Conway, all to the same class, were given their choice of $9 fines or 10 days in jail.Some of them paid; the others are drinking soap with the sobering.
Fred Walawski, arrested last night on the complaint of a woman, who alleged that he had tried to assault her as Walawski ---------------------------------and charge of public intoxication. There was no appearance against him, and Judge O'Conner set him free.
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Post by jon on May 17, 2010 13:54:54 GMT -5
John Horan, white who accused Ligxie Johnson, colored of shaking $10 out of his clothes on Post Avenue the other night, was brought into court with the woman was adjourned hearings of public intoxication charges today and were discharged. Sarah Bannerman, arrived in a disorderly resort in one of the flats in the building at 101 State Street, was sentenced to serve four months in jail for public intoxication charges of which she had had been released on a suspended sentence. Sarah Morgan, the proprietor of the resort, pleaded guilty to violating section 1.148 of the penal law and received a suspended sentence.
"Punished enough with two black eyes." was the record that followed the same and the entry discharging William Deming, arrested on a public intoxication charge. The man looked as if a mule had kicked him over the eyes with both feet, twice in the same place. William Scott, vagrant, went to jail for 34 days. A couple of minor offenses were discharged.
UTICA OBSERVER - SEPTEMBER 6, 1910
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Post by jon on May 17, 2010 14:47:46 GMT -5
A YEAR IN JAIL ________________________________
The Term Which Gwilt Will Serve for Theft - Callahan's Sentence[/size]
A Central Hudson freight car standing near the round house, west of Genesee street, was broken open yesterday afternoon and a quantity of flour was stolen. The matter was reported to Policeman Landers and David Hilland a short time afterwards they found Jesse Guilt pushing a wheelbarrow in which there were four sacks of flour. He was locked up. Soon afterward they also arrested David Callahan, who had been in Gwilt's company.
Gwilt was charged with petit larceny in City Court this morning. He has been in court more times probably than he has been to church, and he is pretty well known.
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Post by jon on May 17, 2010 14:49:48 GMT -5
"Do you plead guilt to petit larceny?" asked the court.
Gwilt nodded his assent.
"One year ," said the court reaching for the papers in the next case.
Callahan pleaded guilty to public intoxication and received a sentence of one year.
A colored man was discovered lying under a wagon at the Central-Hudson depot Saturday evening. Those who found him thought that he had been injured in an accident and they called the police ambulance. Then it was discovered that the case was one of plain drunk. At the station the man gave the name of Frank Edwards and his residence as Oneida. He was committed to jail for 15 days.
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Post by jon on May 17, 2010 14:51:25 GMT -5
William Folger, a tramp, who stole carpenter tools from R. R. Roberts, employed on the MacKinnon residence, was committed for 60 days.
John Migliski of Clinton paid a $5 fine for cruelity to animals. Officer Ross arrested Miglishi for beating a horse which was hardly able to walk.
James Murphy, Charles Leonard and Thomas McCormick, vagrants, who have been hanging around the Schuyler street brick yards and stealing the workman's dinners, were committed for 30 days each.
Simon Goldstone, fat, bewhiskered and talkative, was arraigned for assaulted his wife. She alleged and two children corroborated the statement, that he had struck her with an iron kettle. Goldstone said that she had assayed to serve to him a dinner three days old and that he had simply pitched it out. His family did not want him, and he agreed to go. With that understanding the case was adjourned to Aug 21.
Max Beisler and Lena Heisler were charged by William Guckemus and others with public intoxication. This case went over to Aug 7.
Fred Paul, a small boy, acknowledged hitting Charles Spataier, another lad with a stone. This case was adjourned for a week and will probably be settled.
UTICA OBSERVER - JULY 24, 1899
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Post by Dave on May 17, 2010 21:07:59 GMT -5
Oh, oh! Pretty soon you're going to get to our relatives!
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Post by jon on May 17, 2010 21:42:43 GMT -5
WHERE WAS ATKINS' HOME LAST OCTOBER? _______________________________
HIS WIFE AND CHILDREN LIVED ON ELIZABETH STREET[/size] _______________________________
TROUBLE IN 15TH WARD[/size]
Atkins Removed From Johnson Park Because Neighbors Objected to His Presence - Floyd Permotto Said Defendants Ate and Slept at His Hotel[/size]
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Post by jon on May 17, 2010 21:46:12 GMT -5
The election fraud case in which Eli Atkins, a colored man, is charged with illegally registering and voting in the Fifth ward at the last election, was continued before County Judge Pritchard this morning.
Frank H. Bise, a cutter by occupation, residing on Johnson Park, testified that Eli Atkins lived at 16 Johnson Park until October 7, when he moved away with his family. On account of the quarrels in the Atkins family the neighbors entered a complaint in City Court and gave Atkins the alternative of moving from the ward or being arrested. On cross-examination Mr. Jones asked Mr. Bice if he arranged with the City Court to have Atkins exported from the Fifteenth ward. Mr. Bice refused to answer. Mr. Jones moved to strike out Mr. Bice's testimony on the ground of his refusal. District Attorney Willie then objected to the question and was sustained.
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Post by jon on May 17, 2010 21:48:15 GMT -5
Clarence Jones, colored, a resident at Floyd Persette's Jay street hotel for three years and for the past year a bartender there, was asked how many rooms there are in the hotel. Mr. Jones objected stating that it appeared that Atkins had been driven from his home in the Fifteenth ward and that the question was immaterial. The objection was overruled. Jones said he could not tell how many rooms there were in the hotel, or how many persons were stopping there during last October. Jones said he had seen Atkins about Persette's hotel, he had known of Atkins's working there, and had eaten with him. On the previous examination before Judge Prichard, Jones said there were about 18 sleeping rooms in Persette's place.
Floyd Persette stated that his place of business has been known as the Imperial Hotel for five years. He has known Atkins for twenty years. Atkins ate at the hotel and at the arines but did not pay for them. He slept twelve or fifteen nights in the summer kitchen. Persette was asked if Atkins slept at his place during all the nights in October. He replied that he didn't sit up to see. In the Imperial Hotel there are 17 rooms, two beds in the laundry and three beds in the summer kitchen. Mr Willis asked if during October any women were at the Imperial. Mr. Persette said his women help slept there. In Persette's annex at the corner of Elizabeth and Burnet street there are accommodations for 24 transients.
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Post by jon on May 17, 2010 21:50:02 GMT -5
On cross-examination Mr. Persette said Atkins made arrangements with him for board and lodging. In September Mr. Persette made an arrangement for leasing a house for Atkins, but was notified, after paying $3 rent,that Atkins would not be allowed to occupy the house. Atkins remained at the Imperial until the middle of November.
Mrs. Sarah Dobey of 89 Elizabeth street, stated she knows Eli Atkins and his family. October 1, 1906, Atkins family went to Mrs. Dobey's house. The Atkins stayed there until the Saturday following election. Atkins during October took his three daily meals with his family at Mr. Dobey's house. Atkins paid $1 a week for the use of the rooms. One night he slept there, either the night before or after election. Mrs. Dobey's testimony was not changed on cross-examination.
John Dining of 41 Elizabeth street, a Utica post office clerk for sixteen years, said he had known Atkins 31 years. During last October he saw the defendant entering and leaving 19 Elizabeth street. He understood he was living there. Mr. Dining saw Atkins's wife, daughter and son about the house and in front of it.
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Post by jon on May 17, 2010 21:52:07 GMT -5
Frank Hall of Post Avenue was next called. The Court waited a minute while Atkins for the fourth time was temporarily excused. Last fall the witness met Mr. and Mrs. Atkins om Post Avenue, and Atkins was drunk and the witness helped Mrs. Atkins assist him to his home at 19 Elizabeth street. The people then rented.
Mr. Jones moved for the direction of a verdict for the defendant on the ground that the evidence showed that Atkins's domiciles during last October was in the Fifth ward. The motion was denied and Mr Coupe opened for the defendant.
Special City Judge Irving K. Baxter was called to show that complaint against Atkins was withdrawn on the condition that he leave the Fifteenth ward. Mr. Willis objected. Mr. Jones insisted that such evidence was competent and that the defense wished to show that Atkins was virtually driven from the Fifteenth ward and did not go to Persette's hotel with any idea of colonization. Atkins was arraigned on a charge of public intoxication and was sentenced to three months in jail. The sentence was suspended on condition that Atkins move from Johnson Park. Recess was then taken.
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Post by jon on May 17, 2010 21:54:10 GMT -5
The selection of the jury was completed at 4 o'clock yesterday afternoon. District Attorney Willis in his opening mentioned the importance of the case. Mr. Willis stated that Eli Atkins and his family lived in the Fifteenth ward until September, when they moved to 19 Elizabeth street, where they lived down in and later than election day. No. 19 Elizabeth street is in the Fourth ward. In October, Atkins registered, giving his residence as 30 Jay street. That place is the Persette Hotel in the Fifth ward. Mr. Willis's statement that 17 persons registered in the Fifth ward from the Persette House was objected to by Mr. Jones. The court sustained the objection.
Mr. Willis referred to the fact that Atkins was challenged, took the oath and voted in spite of it. The proceeding instituted before the county Judge were mentioned. Mr. Jones again objected and was sustained. Mr. Willis closed by asking the jurors to give the case their most careful consideration.
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Post by jon on May 17, 2010 21:54:53 GMT -5
City Clerk John A. Cantwell was the first witness. There were placed in evidence many exhibits, showing the districting of the city and the preparations made by the Common Council for the last election. Mr Cantwell identified the register of electors in the Fifth ward and the poll books as those filed in the City Clerk's office. These were placed in evidence. Mr. Willis put in evidence Chapter 55. Laws of 1872 and Chapter 56, Laws of 1900, relative to the boundaries of the Fifth ward.
Frank Owens, Deputy County Clerk, identified notices of election, registers of elections of the Fifth ward, etc., and they were received in evidence.
William F. Cowley identified a map of the city of Utica, showing the streets and boundaries of the Fourth and Fifth ward. Mr. Cogley was asked to indicate on the the map 30 Elizabeth street, and he did so, showing it in the First district of the Fourth ward while 19 Jay street is in the Fifth ward.
UTICA HERALD DISPATCH - FEBRUARY 10, 1906
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Post by jon on May 18, 2010 12:27:45 GMT -5
HOTEL CLERK SUES FOR $7 WAGES __________________________
Case In City Court To-day in Which Dudley House Proprietress is Defendant - Claims He Was Working for His Maintenance[/size]
There was an interesting case before Special City Judge Harvey in City court this morning, the suit of William J. Levey against Caroline R. Shaw, proprietress of the Dudley House, in which the plaintiff sought to recover $9.32 alleged to be due him for services as night clerk, having been moved from Justice's Court. The peculiar feature of the case was the fact that Levey hired out as night clerk without any understanding as to his compensation, and after working for more than five weeks without broaching the subject of wages, he handed in a statement for $7 per week, and was informed that he had been laboring for his board.
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