>From the Rochester Daily Union and Advertiser Rochester, Monroe County, New York JUNE 12, 1900, Part 2 Page 7 WIFE-BEATER SENT TO PENITENTIARY Locked His Wife Out and Then Assaulted Her. Wife Caused His Arrest Because, She Said, It Was Not the First Time He Assaulted Her. Husband Pleaded Guilty, but Said His Wife Was in the Habit of Remaining Out Late. Because his wife remained out later last night than he thought she should have, James C. BROWN, who lives at 334 State street, upbraided her, locked her out and finally letting her in, struck her a blow in the face. As she had several times, according to her story told in police court to-day, been assaulted by him, she thought it was about time to stop it and caused his arrest. He was taken into custody by Officers YAWMAN and TWITCHELL at 2 o'clock this morning and when he was arraigned to court he pleaded guilty to the charge, and was sentenced to serve ten days in the penitentiary in default of paying a fine of $10. BROWN endeavored to justify his conduct by stating that his wife was in the habit of remaining out late at night. She had greatly annoyed him by doing this, he said, and when she returned home at 11 o'clock last night he lost all patience with her and struck her. He said that he was frank to admit that he did strike her, but thought that he was justified in taking the action that he did take. The wife told an entirely different story. She said she was not in the habit of remaining out late at night and asserted that her husband was the one who remained out. She said that she was out last night, but that it was only 9:30 when she went to her home and not 11 o'clock, as he claimed it was. When she tried to get into their rooms her husband locked the door on her and told her that she might just as well remain out the remainder of the night. She made efforts to induce her husband to allow her to enter the house, but these were not successful till a whole hour had elapsed. When the husband finally opened the door and admitted her he began abusing her and calling her vile names. Then he struck her a blow in the face. She stated to the court that he had frequently assaulted her, but that she never had him arrested before and she thought it was about time that he was made to understand that he could not assault her. After hearing the wife's story Judge WHITE sentenced the young man to pay a fine of $10 or serve ten days in the penitentiary. He said that he was not able to pay the fine and therefore had to go to the penitentiary. SLIGHT BLAZE. Occurred in Building Corner of Sherman and Bauer Streets. At 3:15 o'clock this morning an alarm from Box 48, corner of Sherman and Otis streets, summoned the fire department to a vacant store located in a story and half building at the intersection of Sherman and Bauer streets. The blaze which was confined to the rear portion of the store, was quickly extinguished by the firemen. The origin of the blaze is not known. The fire may have been the work of incendiaries. The damage done amounted to $100. This loss is covered by insurance. Joseph KAUFFMAN is the owner of the building. TAKEN TO AUBURN. Michael SULLIVAN and Charles McGRATH Have Begun Serving Sentences. Michael SULLIVAN and Charles McGRATH were taken to Auburn prison by Deputy Sheriff Frank HAWLEY yesterday. They were quiet prisoners and seemed to know their surroundings very well. Both men have been in Auburn before. SULLIVAN will spend two years and six months and McGRATH not less than a year and not more than four. They held up an old man named Edward GATES and robbed him of 70 cents. The police and the authorities at large are overjoyed to think that both are now in a safe place, where they will remain for some time to come. CORNISH SUES TROLLEY COMPANY Asks $2,000 Damages for injury to His Spine by a Fall. The action brought by Joseph F. CORNISH against the Rochester Railway Company, to obtain $2,000 damages for injuries sustained while boarding one of the trolley company's cars on Main street, west, was placed on trial before Justice DUNWELL and a jury of twelve men yesterday afternoon. H.H. McMATH appearing for the plaintiff, and Charles J. BISSELL for the defendant company. The defense is that CORNISH was guilty of contributory negligence, in taking a car at that point; also, if he had taken the advice of Dr. Charles R. BARBER, his physician, he would have been out much sooner than he was, and perhaps would not have been obliged to go to bed at all. CORNISH is a middle-aged man, and weighs perhaps 180 pounds. He is a contractor, and employs a number of men to do house furnishing work. A year ago last February he went to Van HOESEN's store, at the corner of Main street east, and Graves street, to get a pail of paste. He came outside with the paste, and started across Main street. Just at that moment a car came along and he hailed it. CORNISH testified that the motorman nodded, and that the car came to a stop, or nearly so. CORNISH placed the pail upon the steps and took hold of the left hand handle to pull himself upon the car. He states that as he was in the act of drawing himself up the car lurched forward, throwing him around and causing him to strike on something on the back end of the car. He says the car made another lurch, and he was thrown off, the paste spilling all over him. He struck on his back and was stunned for a time. CORNISH was able to go to the place where his men were working, and one of his workmen scraped off the paste. He was then able to go about his business. The next morning at 2 o'clock he began to feel queer sensations, and told his wife that he believed he was more badly hurt than he had thought. This peculiar sensation continued and Dr. BARBER was called to attend him. He found that CORNISH's spine was injured. The plaintiff was confined to his bed for several weeks. Upon the cross-examination , Mr. BISSELL brought out the fact that CORNISH did not go to bed as soon as he was advised to do so by his physician. He was also able to be around and take care of his men a portion of the time. Dr. BARBER took the stand and testified to attending CORNISH. He described the nature of the injures, saying that CORNISH was suffering from a spinal sprain, which might or might not be permanent. He was allowed to answer this latter question upon the strenuous objection of defendant's counsel. "There is no allegation of continuing injury in the complaint," said Mr. BISSELL. "I therefore hold that it is incompetent under his pleading to describe such injuries." Justice DUNWELL held that Mr. McMATH's pleadings did not cover continuing injuries, and Mr. McMATH then asked the privilege of amending them. "I am inclined to allow it," said Justice DUNWELL. Mr. BISSELL said that if plaintiff's attorney was allowed to amend his pleadings he would ask the right to medically examine the plaintiff, and find out what his injuries were. "I never proceed with a case without sending a physician around to examine the plaintiff, when there is a claim of continuing injury," said Mr. BISSELL. "There was no claim of that kind here, and I did not follow that custom." Judge DUNWELL then adjourned the case to give Mr. BISSELL time to make the required examination, and when that is accomplished the amendment to the pleadings will be allowed. At the opening of court this morning Charles EDGERTON, who was connected with Mr. BISSELL for the defense, announced that a settlement had been made of the case and that it would not be litigated any further. Judge DUNWELL then discharged the jurors. PENFIELD MAN BADLY HURT. Hip Broken and Shoulder Dislocated in a Runaway Accident on Meigs Street. A horse owned and driven by Frederick C. THOMAS of Penfield ran away on Meigs street this morning. At the corner of Richard street Mr. THOMAS was thrown out. He was rendered unconscious and when picked up was seen to be badly hurt. The Homeopathic Hospital ambulance was called and the surgeon on examination found that Mr. THOMAS had fractured his right hip and dislocated his right shoulder. He was taken to the hospital where his injures were attended to. He will be confined to the hospital for several weeks at least. Submitted by Sylvia Myers Olson