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ST. LAWRENCE REPUBLICAN, WEDNESDAY, AUGUST 16 1883.THE SHOOTING.A TRAGEDY AT THE SOUTH HAMMOND QUARRIESInquests on the Body of John Sweeney.j be fonnd him. I thi^k he wasSouth Hammoiid atone quarry located on the line o£ the Utica division of the R. W. O.R about 25 miles from this city, has acquired unenviable notoriety at the present time. It was at this locality, in Lugton’s camp, that the homicide we are about to describe occurred. This quarry, or more properly quarries, give employment to more than one hundred men. Lately maDy Italians have been employed there count of the lower price for tbeir labor.Sylvester Nicollette, an Italian interpreter and foreman at the quarry, and his wife Annie were running a boaraing.hou9e there. Mrs. Nicollette looked after the boarding matters, while ht husband officiated as interpreter of and foreman over a gang of ItalikrsAt about 5 o’clock Tuesday afternoon, John Sweeney, who was also a foreman at Lugton’s camp, came fo the Nicollette boarding house and called for a drink. Later he returned and demanded drink again, which was given to get rid of him. A gain be returned for drink and each time became more and more insultingly abusivs Mrs. Nicollette politely asked him to go saying if he did not do so she would send for herThis so exasperated Sweeney that he used the most insulting and abusive language to her and finally siezed a heavy weight and rushed at the little woman saving, ‘‘I’ll kijl-youl” Mrs. Nicollette ran behind the counter with the brute, Sweenev in close pursuit with the iron weight in his hand. A 118 caliber Smith Wesson revolver was at hand and she seiz'd it and pointing at the drunken brute, fired. The ball struck Sweeney between the eves, he fell to the floor and expired in a few mmutes.Mrs. Nicollette dropping the revolver ran to the quarry and told her husband what had happened. During the shooting, beside Sweeney and Mrs. Nicollette, there was present in the room Mrs. Wm Scbermerhorn, who resides in the oamp. Mrs. Nicolletre’s little five-year-old eon, who was present previous to the shootiDg, had been sent after his father but had not got far away when the fatal shot was fired.In a few minutes the news of the tragedy had spread throughout the camp and an eager and excited crowd tilled the room and surrounding space to get a eight of Sweeney, whose lifeless form lav on tee floor of the little bar-room covered with blood in all the ghastliness of a violent death.Mrs. Nicollette, after finding her husband, accompanied him to the office of Jusiice W. A. Welsh and gave herself into the ctnrge of the authorities. She was committed to the charge of Officers E A. Hazen and Geo. Linnell, who boarded the 6:80 p m train and with their prisoner arrived in this city at 7:16 and went directly to the recorder's office, where arrangements were made for her safe keeping until her preliminary examination, which will occur soon.Mrs. Nicollette is of French descent, 29 years old, slender, graceful and lady-like. She is slight of build and weighs but 98 pounds. Considering the ordeal she had passed through she certainly displayed much coolness and nerve. Evidently the consciousness that the act was committed in a moment of peril to her own life, as a legitimate means of self-defense, sustained her in the belief that she had committed no intended wrong.Mrs. Nicollette i9 an inoffensive appearing woman. She remonstrated with Sweeney and tried to make him leave the house, but when he went awav, he persisted in returning, aqd the threat of Mrs. Nicollette, to send for her husband, climaxed the frenzy of this man, who was wild with drink and pursumg her with murder in bis attitude and murder in his voice—“I’ll kill you !’’ said he. She only used the pistol as the last and only resort to defend herself.Mrs. Nicollette is favorably known in this city, In 1892, she with her husband and ljttle boy, boarded for several weeks at the Sterling House. The proprietor, Mr. White, sttates that she is a refined and educated ladv with an amiable disposition. She seems reconciled to what she has done and apparently regards it as the only coarse she could have pursued.John Sweeney, the victim, has been foreman for Wm. Logtoa at the quarry since last spring. Qis reputation is bad. He has been locked np on several occasions for his misdemeanors.The sympathy of the camp at the Sonth Hammond quarry seems to be with Mrs. Nicollette and the opipion is generally expressed that the homicide was committed in self-defense.Coroner S E. B'owd, of this city, will leave for South Hammond this afterhoon to hold an inquestMr. Nicollette, the husband of the woman under arrest, arrived in this city at noon Wed-Wedoesdav afternoon CoroDer S E. Brown took the train for South Hammond to hold an inquest on the body of John Sweeney, the man who was shot by Mrs Anna Nicoletti, as reLted in these columns Wednesday. Accomp4nyiDg the coroner wete Dr. W N Bell; Hon. Gefirge R. Malby and James F Akin, representing Mi-s Nicoletti ; N M. Ciaflin, of Norwood, assistant! district attorney, and P. H. McCarthy representing the people, and F. M. Crane, photographer, and Edward A H»ziD, of Hammond, deputy sheriff, who came to this city with the woman undfr arrest; William A. Webster, of Hammond, justice of the peace, to whom the woman went to gike berself up after she had shot Sweeney, and Silvester Nicoletti, husband of the womanIt was found that William A. Webster, as a justice of the peace, had already held ah inquest actiDg as coroner, according to ia law permitting him to do so in toe absence of tbe-coroner. The validity of the proceedings, hbwever, was questioned and Coroner Brown proceeded with the inquest ;it seems tbat Justice of thel Peace Webster, expecting Coroner Brown who had been notified would arrive Tuesdav, the day of the tragedy, assembled suitable men for a jury at the scene. Ia the evening about 9 o’clock) Coroner Brown not having arrived Mr. Webster assumed the duties of coroner and empaneled tbe following jury : Elmer Lumphear, John LaRock, James Grant, Stephen FJhilburn, Natjbaniel Slate and Robert Reynolds The jury vifewed the remains which lav in the room where tjhe shooting took place, and adjourned until 7 o’clock the following morning.On assembling in the momihg, James Lavere was the first witness sworn, wtjo testified as fol-_ lows: “My age is twenty-seveq. I live inTSe town of Hammond. I work fdr Wm. Lugton in his slore. I knew this man J]ohn Sweeney. I was working in the quarry the] day of tbe accident. I‘saw Mr Sweeney one ] half hour before the accident, sitting in front of! the building. The last I saw of him in tbe quarry) was at about 1 p. m. He made a air appeatjance but showed by bis look that he had been drinking. When he left the quarry, he went in the direction where I saw him sitting as above mentioned.”James Clyde being sworn testified and' said : “I went to the bouse where John Sweeney, was killed, about 2 o'clock p. m., (before the accident) to get some tobacco. I know Jhis man Sweeney, The only persons I saw were Dlrs Anna Nicoletti and Mr. Sweeney. They wert in the grocery part of the bouse I asked for tobacco and Mrs. Nicoletti gave Some to me. At that time the man Sweeney was standing at the^nd of the counter leaning against tbe partition apparently asleep Mrs. Nicoletti asked if I would have him eit or lie down. I took hold of him, could not make him and left him standing, and started to leave the bouse as he fell on the floor, and remained in that position the Iqst I saw of him.*£. he left him intoxicated.1Mrs. Libbie Schermerhorn being duly si testified and said; “I reside in the town of Hammond in said county. I know this man John Sweeney. I also know Mrs Anna Nicoletti I first saw Mrs. Nicoletti at my house about 9 a. m. I next-saw ber at the South Hammond depot at about 8 p. m. I returned from there with ber to her home where the accident happt ed. We met Mrs. Niooletti’s husband’s .brother just out of the house. On entering tbe house Mrs. Nicoletti motioned for me to look back of the counter. I did so and saw this man, John Sweeney. ,He appeared to me to be asleep. Mrs Nicoletti’told’me on tbe way from said depot to ber borne that this man SweeDey was at her home asleep; that be bad been drinking ; that be got his liquor at said depot. I was in the house about one hour and while there I sat down by a table ar.d Mrs Nicoletti went up stairs to get some drers goods to Bhow me. In getting down she stepped on the counter, making a noise. Tbe man SweeDey awoke, made a noise, but did not apeak. Mrs Nicoletti sat down by the table and showed me tbe goods, then folded the goods and threw them back up stairs or into the loft, and at that moment saw him getting some of her goods. She told him to put that up—‘I do not want you to help yourself to our goods,’ and at the same time took from him whatever be bad. I cannot, say what it was. He was out of my sight at the time. Be said, at the time, “I have not taken any of your stuff,” and at that moment got up on his feet so I could see him and began to call ber vile names. He picked up a scale weight and tbreV it at her. He was then at the end of tbe counter and she was in froDt of the counter He then stepped about 6 or 8 feet toward the outer door. Mrs. Nicoletti then passed in behind the counter and at the same time told her little boy to go for bis father. SweeDey then turned and went towards tbe counter, Mrs. Nicoletti saying, “Sweeney, y;u get out of here.” He replied by swearing, saying, “I will get out wbeD I get ready ” Mrs. Nicoletti said, “When Sylvester comes he will put you out.” He said there were not enough Italians to put him out, and at the same moment doubled up his fists and started toward her, saying he was too much for her, she repeating again, “You gat out.” At that moment he picked up a f cale weight and she did also. I cannot say that they threw them, but he made for ber. She was then behind the counter. She then reached under tbe counter. I next saw a revolver in her hand She again repeated, “Sweeney, you get out ” He replied bv callmg ber vile names and stepped from behind the counter 6 or 8 feet into the room. She then came from behind tbe counter with the revolver, holding it behind her, keepiDg as far from him possible and again saying, ‘ Yoq get re; I have stood your insults long enough.” At that he said, “You little black snake,” aDd made for her. She then brought up her revolver nd fired Sweenev fell to the floor motionless t looked to mg as though her revolver was Nearly touching bis face, when fired Mrs. Nicoletti said : “My Gori I I have killed him. Ido any different or he would have killed me ” She then went to him and put hef band on his face, saying, “I never can forgive .jyeelf for what I have done,” and then went to-tbe door and oalled for hrip.The verdict brought in by the jury was that ‘John Sweeney came to bis death from a wound iver the left eye inflicted by ODe Anna Nicoletti w,ith a pistol shot, which wound was given as it appears to us in self-defense.”Upon arriving at South Hammond station tbe coroner and bis party proceeded to Niooletti’s shanty, the scene of the tragedy, which is about half a mile from the station. The shanty lies on tbe left of the track, while the qnarry of Wm. Lugton in which the men are employed was on the right, aDd could be seen, together with the spur of the railroad running into it, through the veil There were do men at work when the Ogdensbnrg contingent arrrivet Dor had there been since the afternoon previous when the shooting occurred. They were gathered about tbe Nicoletti shanty and tbeir discussions of whatever nature they were, were interrupted by the arrival. There are about sixty men employed in tbe ■ry, of these twenty-four are Italians and the remainder are Americans. It was said and it appeared to be the truth, that considerable bitter-ixisted between the two classes as a result of the tragedy.The shanty which the Nicolettis ran as a boarding house and grocery, is a low building of loose construction built of hemlock boardB, between which are wide oracks. Tbe bnilding is about thirty feet loDg and twenty feet deep and ten feet high at the eaves. It is divid d into two portions, that used by Mr. and Mrs Nicoletti ss a grocery and residence being about 12 by 20 feet, and that used for lodgings for tbe gaDg being about 18 by 20 feet. In both portions there is an upper story or lqft. In the portion first mentioned, the ground floor is used as a grocery and it was there tbe shootinf occurred. Below is a rough sketch of the ground plan of the building :As I left, Mrs. Nicoletti told me to tell hef husband to come to the house. I1 told him and he.started in that direction, and on his return, saidjsoiion: “Ann* Nicoletti appears by her counsel G. R, Malby and objects to the jurisdiction of the coroner to bold an inquest on the body of JohD 8weeney on the ground that an it quest has already been held ty one Wm. A Webster, a justice of tbe peace of tbe town of Hammond, N. Y , on tbe 9th dav of August, 1893, and more than twelve hours alter tbe said 8.las E Brown, coroner, had been notified of tbe death of sucb person.2nd. On the ground that the cause of death is apparent and well-known.3rd Tuat the person who it fheted the injury upon the said John Sweeney is known.4th That it is well known who tbe person was, who inflicted the injury and when and where and by what means he came to his death and the circumstances attending bis death.6th Mr Malby also obj-cts on the ground tLat the jury has not been properly summoned according to law.The coroner overruled tbe objections and the jury filed into tfie grocery store to formally vi w the remains. It then being nearly tbe time the return train to Ogdensburg was di the inquest was adjourned until 8:80 the folloisame as he gave before Justice Webster which was published m ibis paper Thursday He had heard that intoxicating Itqnor could be procured •t Niooletti’s and that the Italians at Niooletti’s treated visitors to beer. He had heard that Sweeney obtained liquor at tbe depot. He also heard tbat Mrs. Niooietti had trouble in Gonver-nenr and the police were after her, bnt had beenonbleA—Where Sweeney fell.B—Sweeney’s position when he rushed Mrs Nicoletti who was standing near AD-Ohate of which Mrs. ScbernirhonE—The counter.F —Tbe lodging portion of the building G—Doors.H—BuDks.Dr; Bell, assisted by Dr. J. B. Brooker, of Hammond, made an examination of the remains of tbe deceased immediately upon arrival. They fonnd that the bullet had entered forehead just above tbe left eye and had penetrated the head diagonally, spending its force against the inside skuil at the back of the head, making a wound seven and one-half inches long The forehead about the spotWhere the ballet entered was burned with powder and the skin contained many particles of it.Tbe corpner surrounded by a hastily summoned jury, lawyers, physicians and newspaper men-tben took his etand in front of the shanty under shade tree and opened proceedings. Objections from Mr. Malby, counsel for Mrs Nicoletti, quickly brought these proceedings to a close and they were adjourned to the lodging portion of tbe shanty. All around tbe sides of the room were tbe bunks of the Italians, upon some of which was bedding in various stages of disorder, and In the loft above there were still more of these hoard bunks which were sufficient in nnmber to afford the entire gang of twenty-four dagos sleeping accommodations within the limited space. Under the bunks were old boots, old clothing, cans and utensils, beer kegs, etc. Over each bunk was a shelf, apparently for the personal belongings of the occupants. On some of these were more clothing, pipes and tobacco, loaves of dried bread, cane of corned beef and food in other durable forms. The heat in the frail structure was so intense that it can hardly be imagined and how human beings in such numbers could sleep there was a mystery. The portion occupied by the Nicolettis was no better in construction or arrangement. They slept in the loft. Across the back end ran a narrow counter behind which a slender stock of groceries was piled on Bhelves. It was covered with mosquito netting and strange to relate, seemed to be principally soap.When all the necessary persona were gathered in the lodging portion of the shanty, the.coroner issued a formal summons, and impaneled the following jury : WVR. Wilson, Romayne Klock, 8. B. Wright, George Gibson, A. H, Rogers, Jae. Miller, A. Niehol, 8. H. Linnell, E 0. Whittaker, G. S. Phillips. .The coroner appointed George Gibson, foreman, and administered the usual opthThe spot where the tragedy ocourred is cer taiuly wild enough to furnish it a fitting back ground. The soil is hilly and rocky, and but few habitations oan be seen from the station wbioh stands alone by the track There are two quarries south of Mr Lngton’s and two north— “king five in close proximity aloDg the railroad ack—and the class mat work them ^are, as a rule, rough and given to drinking more or less. Sweeney got his liquor on the day of the tragedy from several different sources. Barney Morgan and Robert Haight each gave him a drink from a bottle, and say tbat he took excessively large - ies Ho also obtained beer at one of the ligbboring quarry camps.8weeney was not an attractive looking maD. is features were flat aBd face somewhat repul-ve. He was of medium size and about thirty-eight years old. He was said by his associates about the quarry to have been a good fellow when not intoxicated. He was a native of Hawley, Orleans county, N Y. His father is alive, but his mother fras burned to death several years ago as exploding of a lamp. He has three brothers living in Bufftlo He was unmarried Likmmost of tbe American workmen, be boarded a farm houee, having bis quarters with James Grant. His remains were placed in a casket yesterday afternoon to be sem to hie friends.Sylvester Nicoletti. the husband of the accused woman, is a small Italian. It is said that it is he who was accused of selling liquor without a U 8. license at an out of the way place down in the county not long ago and held for the U. S. grand jury ; also that be was one of the leaders in the recent Talcville rots; also that wheD he came to this city two years ago with his wife, he had two checks for baggage more than he received pieces of baegage and entored a claim against the railroad company for $800, claiming tbat pieces of baggage were lost containing silk dresses, etc. He says tbat he has been at South Hammond about wo months; that he controls the gang of ItaliaoP, that be bosses aDd provides them with food. The food peculiar to tbeir country he obtains from New York, bread, etc, he buys in Ogdensburg.The revolver from which tbe fatal shot was fired, was exhibited at tbe station by Deputy 8hetiff Hazen. It is a wicked loohiDg weapoD, 88 calibre, manufactured bv Forehand Wadsworth and marked “British Bull Dog.” It is a seven shooter, and the only chamber in it that was eppty is the one that killp’d Sweenev.At the station when the Ogdensburg party were waitrng for the train was Phillip Gaines, who was accidentally shot in tbe Lugton quarry about two weeks ago, while seated in a box car during noon hour, playing cards, bv some ooe making a target of the car with a little 22 calibre rifle. The bullet entered tbe temple and passed betiind both eyes. The sight of one eye is entirely destroyed. Gaines was on his way to Ogdensburg to have the sightless eye and bullet removed by Dr. Bell.Upon arriving at Ogdensburg, and although the train was an hour late and did not reach here until after eight o’clock, Jhpting District Attorney Ciaflin put an entirely new set of proceedings in motion. He went before Justice of the Peace Maek and procured a warrant for the re-arrest of Mrs. Nicoletti and she was arraigned in the Recorder’s room at 9 Wednesday evening The defense promptly entered tbe following formal objection : • “Anna Nicoletti appears by ber cotmsel, G. R. Malby, and objects to the jurisdiction of the court and to an examination on tbe charge of the crime with which the defendant is accused, on tbe ground that hereto fore and on the 8th day of August, 1893, the defendant was arrested upon the same charge as stated in the information before this court upon a warrant duly issued by Wm. A Webster, a justice of tbe peace of the town of Hammood, who bad jarisdiction of the person and of the offeDse committed ; that said town of Hammond is the town in which said crime was committed ; that the defendant was duly arraigned upon tbe said warrant and entered a plea of not guilty ; that the said proceedings were duly held open for further examination and the defendant placed in charge of erne George Linnel. a constable of said town of Hammond who thereafter brought her to Ogdensburg aod lodged in the lockup for safe keeping, pending determination of tbe examination before Jut-tice Webster, aDd tbat he no* has her in bis custody, and that such examination still remains nndis-posed of; that said warrant was in due form aDd directed that the defendant be brought before said Win. A. Webster or io case of his absence or mabilitv to act., before tbe nearest or most accessible justice aDd thereupon tbe defendant was arraigned before, Wm. A. Webster, afore said.2nd—Upon the ground tbat the information before this court does not state facts sufficient toDr. J. ft Brooker, of Hammond, swore to makmg an ■ lamination of the body of the de ceased and described the wound,Sylvester Nicoletti, bus^and of tbe woman under arrest, swore that he saw Sweeney at his bouse once, tbe day he was Killed, but never saw him there before. Some man oame to him and told him that his wife wanted him; Sweeney was making trouble for her. He went to tbe bouse and Sweeney was lying on the fl asleep He told his wife to look after I business; tbat she bad too much work to do. 8he said to take him away ; that she was afraid. He told her to wa'cb ber store to see tbat no one came io and took anything. He tned to get Swteney out, but he was too heavy. Hethe quarry, fits little boybim tbat thattouched bis mother. O’Brien came to him and told him that his wife wanted him right away tbe ebanty. When he got to the sbanty be si Mrs. Schermerhorn. She said : “Your wife has a right to kill Sweeney because be was making trouble for her.” 8be also told him that his wife had got reared aDd was going to the justice.Joseph O’Brian swore that Sweeny had a quarrel with an Ita ian, tbe same as was sworn to by Clyde. Hq returned to the shanty with Nicoletti after the shooting He had had beer at Nico-leiti’s shanty bnt did not pay for it He beard Sweeney say that be had had beer there and saw him drink half a bottle of beer there one night. He also saw another man get beer there. He had beard Mrs Nicoletti Bpoken of as having been connected with some riot. He bad 8weeBey a little the worse from liquor twice, times when he had come back from Ogdenehurg. Sweeney weighed 1£5 and was 83 years ot age.Angeltjg Nicolettbdfenied a rumor about Mrs. Nicoletti o/deriog him out of the bouse with a pistol aod that be said she carried a pistol all theJasper Day swore tbat he bad heard the men compliin of Sweeney. Some men bad left account of Sweeney, be was so quarrelsome. He had had beer at Nieoletti’s and had been there with Sweeney He bad also taken beer away from there. Sweeney took a drink of whiskey given him by Robert Uliufc, a hotel keeper at Redwood, at tbe blacksmith shop, in forenoon. Nicoletti seDt four bottles of beer on one occasion to the blacksmilh shop. He heard that Sweeney got-whiskey tbat same day at the depot from Bartev Arnold, who had a quart. He beard also that Sweeney was lying on a brush heap paralyzed.I zra Fergupon swore that be and Sweeney drank almost a pint of whiskey that forenoon.e thought thst any able-bodied man ought to be able to drink a half pint of whiskey, at aDy ime, without huiting him any, and he only ished be had been at the depot, where they had tbe quart He had drunk beer at Nicoletti’s Thomas CummiDgs swore that be had beard Mrs. Nicoletti threaten to stick a butcher knife ber husband, one day, for interfering with her, when she was going to punish her oiild.The jurv. which consisted of W. B. Wilson, Romayne Klock, 8. B. Wright, George Gibsoo, A. H. Rogers, James Miller, A Nicbol, 8. H. Linnel), E. C. Whittaker and G. S. Poillipe, brought in an ODen verdict, which in snb9tance was that John Sweeney came to his death by a bullet wound in the head shot by a revolver in the haDds of Anna Nicoletti.At tbe arraignment of Anna Nicoletti before Justice Mack at 9 o’clock Wednesday night, the case was adjourned until ‘2:80 o’clock the following afternoon, with the understanding that tbe attorneys conld tek graph and again adjourn if they could not be present This was done, and the case adjourned until 10 o'clock Friday morn, rhen it was again adjourned until noon, a examination of Mrs. Anna Nicoletti for looting of John Sweeney, on August 8:h, at Sonth HammoDd, was commenced before Justice Maek, at bis office, Friday morning, at 10 k. After consultation of tbe counsel and court, the case was further adjourned to 1:80 at which rime it again came before bis honor, Justice Maek, Hon George R. Malby beiDg counsel for tbe defense, and Assistant District Attorney N. M. Ciaflin representing tbeCounsel for defense made a motion objecting to tbe jurisdiction of the oourt and asking that the examination be had before Justice W. A. Webster at Hammond.Assistant District Attorney CUflin said : “Iobject to granting tbe motion for the followingl“t—The pretended proceedings before Jus Webster were utterly void, there beiDg no sworn complaint, no witnesses examined under iath and do facts proven upon which any war-ant could be issued or other proceedings8rd—On the ground tbat UDder Chapter --laws of 1898, a justice of the peace has no jurisdiction of a crime committed without tbe town id which he was elected except io issue a warrant which must be made returnable before a justice in the town in which the orime was committed ”Mr. Malby then made a lengthy statement in behalf of bis client, calling attention to itsfvery great importance to her a9 she ia charged with the gravest of crimes which involves her life. He reviewed the history of the case, telling bow the woman had sought a proper officer and given berself up ; had been arrested on a warrant issued by Justice Webster charging- her with murder; had been arraigned ; had pleaded not guilty, to properly raise tne questions at issne, aDd had been brought to Ogdensburg. He held tbat Justice Mack, beiDg a magistrate of concurrent jurisdiction, with Justice Websrer, conld not properly assume jarisdiction of tbe ease.Mr. Ciaflin contended tbat Justice Webster had become mistaken in the law and in his duties in resolving bis office into that of coroner under the circumstances as they existed, and that be forfeited jarisdiction of tbe case by holding it open without definite adjournment. A spirited discussion between Mr. Ciaflin and Mr. Malby followed, Justice Mack finally adjourned tbe matter nntil Thursday at 2:30 p. m. without passing upon the objections raised by Mr. Malby.Dr S. E. Brown, coroner; Attorneys George R. Malby and N. M. Ciaflin and Miss May L Moreland, stenographer, went to South Hammond, Thursday forenoon, to finish the inquest on tbe body of John Sweeney. Tbe proceedings took place in the farmhouse of Mr. Webster, brother of Justice Webster, near the scene of the tragedy, and lasted nearly all day.Frank Daly, the first witness sworn, lived in Albany connty, and came to 8outh Hammond March 15 th. The day that 8weeney was killed he saw him about 7 a. in. in the blacksmith shop, and again at 11 o’clock, but bad no talk with him, and again at 5 o'clock. He was then dead. He did not think be had been drinking at any of the times be saw bim. He saw Mrs Nicoletti in quarry after the shooting. Mr. Sawteil asked ber if there had been any trouble and she said: “A little.” He never heard tbat Sweeney wab a quarrelsome man, and never saw him drunk, but heard of some trouble he’had bad with an Italian. He ordered an Italian to do some work, and, after, he went away, theao some worn* uuu, tuwr uw away, ineItalian- tried to break a wheelbarrow, and Sweeney chuckled” him. He bad heard of Mrs. Nicoletti in conneotion with tbe Talcville riots. The cross-examination brought out nothing new. ^ .dames Clyde was sworn ,and said that he nevkr heard that weeney was quarrelsome. The remainder of his ttimony was practically the,‘2nd—Tbe alleged warrant is voi tbat it does not specify when or wiiere toe offense was committed and does not state tbe ipect to which the magistrate had authority to issae tbe warrant.If any proceedings were taken by Justioe Webster, on August 8th, he has Dot now anv jurisdiction.”Distriot Attorney Ciaflin said be thongbt that he bad covered all the ground of the objections raised by tbe defense. Justice Webster bad no sworn complaint, od y tbe fact tbat Mrs. Nicol-letti came to him and Baid that she had committed the deed. He clearly had no foundation upon which to issue a warrant The warrant, besioes specifying the name of defendant, should s'ate if tho magistrate has jurisdiction over the territory where the crime was committed.Counsel for defense, Malbv, contended that the law did not require that tbe information should be reduced to writing previous Io the issuing of a warrant. In sucb a case the magistrate may issue a warrant from his personal knowledge of tbe crime. We are bound to presnme th.t the court acted on information and the law presumes that the magistrate baa the neoesrary information. He cited several cases to prove bis position. He saicFft seemed onrious that the prosecutor for the people should object to tbe jurisdiction of a magistrate, elected by the people and who lives right ip the neighborhood where the orime was committed, aod should drag the defendant twenty-five miles awav from her home when she is too poor to bring witnesses here. A person charged with a capital crime, and especially when that person 19 a woman, is entitled to all the courtesies usually accorded jn such oasesAssistant District Attorney Ciaflin said that be supposed the question of Mr. Webster’s jurisdiction had been settled He was witling that the question of law should be decided upon its morits and he thought Webster had no jarisdiction on account of hie peculiar proceedings. He agreed with the defendants’ counsel that information need not be reduced to writing, bnt they could not issue a warrant without sworn testimony in regard to the matter.Mr. Malby said that If it was established as a precedent that the Distriot Attorney, if he thonght tbe magistrate entertained an opinion not in accordance with his own, could go to work - and bring the case before a justice in another locality, tbe effect would prove disastrous for tbs administration of justioe. ^The court said he thought that Justice Webster acquired jurisdiction in the ease and he was perfectly willing that he should have it.After consultation the counsel and the court agreed to refer the question of jurisdiction to Judge Kellogg, whioh was done and the latter ad-Mr. Ciaflin said all be had 40 say in the matter was that the law permitted the adjournment.Mr. Malby, producing citations, said that that section read rather plainly—after commencing the examination and tbe defendant’s obtaining counsel the law says tbat you shall immediately proceed with the examination and you cannot adjourn, for more than two days without tbe sent of the defendant.At this poiot in the proceedings tbe defendant, Mrs. Anna Niooietti, was brought into court by Chief Murphy.Justice Mack then proceeded to read to the defendant a statement of the proceedings of the court up to that time.Tbe case was then adjourned unril Saturday, August 12 b, at 2 p m.* [CONTINUED ON FIFTH PAGE ]REGARDING PENSION FRAUDS.Important Action of the G. A. R Postvised Justice Mack to assume jurisdiction, saying that if Justice Webster bad jurisdiction originally he lost it by assuming to act as coroher.Mr. Malby demanded tbat the defendant and the warrant be produced in court and an officer was sent for fhem.Mr. Claflid then asked for an adjournment on the ground that thqre were some tep witnesses, on tne part of tbe people, no one ot whom. had been subpoenaed, as no time for the examination bad keen fixed, it noc 'having been, determined whether tbe ffiagistrate bad jurisdiction or not, Mr. Malby tore the defendant, said: “Defendant, reserving: her rights under the objections raised on aqciraptpf her special hearing, objects to any adjournment of these proceedings.’*.The random and indiscriminate charges of pension frauds made by thope bigh in authority has stirred the G. A R. boys of the country to decided ac-ion. 1 he following preamble and resoluti os of the distinguished LaFayette Post of New York, has been approved by the GraDd Commander, aDd are being adopted by the various posts abont the couutry. Tbe Grand Army re pudiatee the indiscriminate charges that are made aDd as the best evidence of its sincerity, will cooperate with the government officials in detecting pension frauds wherever they can be found:RKSCLUTI NS, ETC.Whereas, Since tbe adjournment of the last Encampment of tbe Department of the GAR. of whicd this Post is a member, various maiters relating to tbe operation and administration of the Pension Laws, have been discussed by the public press, and persons both in and out of tbe Order, and independent action in connection therewith has been taken by other Posts of this Department AndWhereas, It has been repeatedly alleged that pensions have been and are beiDg obtained by or on behalf of persons not lawfully entitled thereto, aDd Buch allegations when made agamst worthy pensioners or applicants for pensions, are sl-ndetoue, aDd those who make them should be challenged to prove them. ADdWhereas, No other Ainerictn citizens have so vital an interest as the surviving Union Soldiers and Sailors of tbe War of the Rebellion in,maintaining pare and unsullied the reputation and the just rights of tbeir comrades, and of the widows and orphans of tbeir dead comrades. Aod Whereas, Among the I ignest obligations a«sumed by the members of the G A. R , are the obligations to perform conscientiously our duties tizens, and to encourage honor and purity in public affairs, therefore.Resolved, That this Post deprecates and resents whose sale charges against ihe G. A. R, st pensioners and against claimants for pensions, aDd against those who are engaged io the prosecution or allowance of such claims, as reflecting unjustly upon many worthy, honorable and patriotic men ; and insists that every charge should be promptly and thoroughly investigated. to the eDd that any unworthy per-nay be speedily exposed and punished and the worthy may be publicly exonerated and vindicated. AndResolved, That this post heartily endorses ana strongly commends the attitude of the Command-'o-fJhief of the Grand Army of the Republic mrd fraudulent pensions, as set forth in paragraphs of General Order No. 5, whereby our order is committed in the strongest manner as against fraudulent pensions, and it is made the duty of all members of our order to report promptly to the Commissioner of Pensions “anv known case in which a pension is being received fraudulently.” AndResolved, That it is Ihe opinion of thih Post that the members of our Order could render ful and active assistance in exposing frandsupon the pension list—if such exist—if printed copi of the existing list (or so much thereof as wou r the pensioner’s name, residence and ser giving regimeDt in wbioh the service alleged and basis of pension, together with reference to tbe law under which the pension is granted) should be sent to the Assistant Adju-tant-Generals of the G. A R, furnishing tbe Assistant Adjutant-General of each department a number of such lists, bear ng the Dames only of the pensioners residing in tbat department equal to the number of Posts in pu tment; such list to be distributed (one to each Post in such department) with instructions to report to the said Assistant Adjutant-General, mmediatelv upon ascertainment of facts, aoy ,nd every instance where, upqn investigation by the Post or its members, a fraudulent case may be found, such reports to ne forthwith transmitted by tbe said Assistant Adjmant-General the Commissioner of Pensions, or other designated officer of the-Government, whose duty it is adjudicate pension claims. AndResolved, That it is the belief of this Post at, as to all pensions not yet granted, nolueion upon the claims therefor could hest be arrived at if printed copies of sucb claims (or so much thereof as would show tbe claimant’s , residence, service aDd reason for application, together wiih a reference to the law under hioh the claim is made) be sent to the Assistant Adjutant-Generals of the G. A R., furnishing to the Assistant Adjutant General of each department a Dumber of euoh lists (bearing the names only of tbe applicants residing in tbat department or state) equal to tbe number of posts in mch department; sucb lists to be distributed one to each Post in soch department) with instructions to report wiibin thirty (3d) davs any facts bearing on tbe said applications that can be ascertained by such Post as to any applicanls who may appear to be unworthy uDder said law ; such reports to be forthwith transmitted by the said Assistant Adjutant-General to the Commissioner of Pensions, or other designated officer of the government, whose duty it is to-adjudicate pension claims AndResolved, That these expressions of opinion by this Post be respectfully submitted to the commander of this department for consideration by him, and, should he deem it advisable, by the department council of administration, to the end that if, in his judgment, the interests of our order, or of our entire country require any recommendations to be made in behalf of this de-pa rtmentJaAbe-,.forthcoming national encampment—supplementary to tbe action taken by the last department encampment—the action requisite thereto may be taken seasonably and consistently with tbe rules and regulations of our order. AndResolved, That a cdpy of these resolutions be transmitted to the assistant adjutant-general for submission to tbe department commander, and that they be not made public without his authority.I hereby certify that tbe foregoing are the original resolutions adopted by unanimous vote of this Post at its encampment, May 6th, 1893. 1.8eal of Lafayette Post.]OHAS. S. GUNN, AdjtMIDBlack LavBUT WGingSOo. Scotc 18*0 Toil* 1 7c. Satin 36-ia. PeriTiki; \C.WHOVwe are cotthat we lia number of and greatl iiifT Dep,irt Onr- rep known to 1 of* such I» 11 this is nov shall lie at better thai ®*OrderBelJewelers9 King St £A. G. MILLS. Commander.The Way They Do in Old Georgia.A Georgia^armer came to the Kennedy bouse in Chattanooga last week who made the waiters langh. As the b'ell boy showed him to his room, be said to bim; “‘If you need any ice water just press this button near the door.” The countryman looked at the bntton with a perplexed air, but s^id nothing. ‘However, he must have kept thinking abont it and determined to try it, for the boy had hardly gotten back to the office before the call to his room began to ring and kept up furiously. The boy went tearing' back upstairs to see what was the matter. He opened the door and saw a sight that nearly killed him. The countryman was standing with his thnmb on bntton, holding the pitcher under it. Say,” he said with an innoeent smile at the boy, “whar does this water cam fromL It’s a dtfm long time gettin’ here 1”Not Good for Soup.From tbe Chicago Inter-Ocean.The Democratic roosters of 1892 whioh crowe'd more than a million skilled workmen out of place, won’t even make soup for the hungry in 1898; , ' T*'DURWILSDesirab] Handso] Straw Sai 2 6-in. F 4 pr. Fa Ladies’ Hercnle Elabora Fancy C Large riWe are clt; as they ap60 Sc 68 IT’WE WOParticulaWALLOHENILLE NottinghamWindow Shalt;Shade Ko Pulls, D157*In WALL i largest stock eye New York, from beat eradee m bare been carefi retail trade.Sales RoomEdgar 1.67-69 State St.,Furniture BunPHE.EXEOUTOBS OF A offer for gale • ~45 Ford street. Ogde ... established by Mr- 1fully conducted by Mm new, well selected auat d(jyiaaitwtfj sabah
Newspaper Details
Ogdensburg St Lawrence Republican and Ogdensburgh Weekly Journal
Ogdensburg, New York, US
Wed, Aug 16, 1893
Page 4
Full Page
Clipped by
Anonymous
USA 07 Dec 2023
Other Publications Near Ogdensburg, New York
Ogdensburg Journal
Ogdensburg Advance and St Lawrence Weekly Democrat
Ogdensburg Daily Sentinel
Ogdensburg Daily Journal
Ogdensburg Advance
