****************** The Daily News Batavia, Genesee County, New York State August 2-1897 Man and Horse Killed Caught Between the Gates at Main Street Crossing James Cooper, a War Veteran, Run Down by a Fast Train on the New York Central Road His Neck Broken and Body Hurled 40 Feet Inquest to be Held James COOPER, a man of family, aged 62 years, met instant death at the Central's East Main street crossing Saturday night at 8:35 o'clock by being struck by the eastbound passenger train No. 46, known as the Buffalo and New York Special and due at Batavia at 8:25 o'clock. Mr. COOPER, who was a veteran of the late war and a member of Upton Post, G.A.R., of Batavia, and a well known member of the First Baptist church, had been in town and was bound for home when the fatality occurred. He lived in Batavia on the town-line road between Batavia and Stafford, his house being about half a mile south of the school house near the IVES farm. When struck he was riding in a democrat wagon drawn by a bay horse. A block signal tower stands at the crossing, which is very dark and lighted by only one lamp with a reflector. James V. JENKS is the night operator in the tower and he also works the gates. The day towerman is Herman T. BUTLER. COOPER was caught between the gates, which were lowered for the approaching train to pass. This has happened to others and is due principally to the fact that the crossing is pitch dark and persons in carriages are unable to distinguish objects. The gates are operated from the tower, and Towerman JENKS gave his version to a reporter for 'The News' who visited the scene Saturday night. "It was 8:35 o'clock this evening," he said, "when I saw No. 46 approaching on track 1 and I started to lower the gates as usual. Just as the gates had reached the ground I saw an old man with a horse and wagon inside, the west gate driving east. I called to him to hurry up and at once started to throw up the east gates. He did not seem to understand me when I shouted at him and drove squarely in front of No. 46, which struck him, and it was all over. The train stopped and backed up, and the conductor took my name. I said I would report the matter." When the train struck the rig the horse was torn from the shafts and thrown against the east gate, bending the iron rest and wrecking the gate. The animal was instantly killed and fell to the roadside beneath the gate. COOPER was hurled between 40 and 50 feet east on the tracks and the wagon was carried a short distance east. When the accident became known to residents in the vicinity they picked up the body of COOPER, who had instantly killed, and placed it by the roadside. The wrecked wagon was removed from the tracks and thrown to one side. Walter E. KING at once telephoned to Undertaker WILLIAMSON, who arrived at 10 o'clock. As Coroner BARRINGER was out of town Coroner PUGSLEY of Oakfield was notified by telephone of the accident and arrived at 11 o'clock. After inquiring into the circumstances he thought they warranted an inquest, which will be held on Wednesday morning at 10 o'clock in Henry EASTON's office in the Walker block. The following jurors were summoned: George SCOTT, William PETERS, William RADMORE, Delos GRAHAM, Seward MINER, Frank D. PERRY, E.G. BENTLEY, Thomas O'RIELLY and G.D. WILLIAMSON. At the request of Coroner PUGSLEY Dr. SHOWERMAN, assisted by Dr. F.L. TOZIER, made an examination today of Mr. COOPER's body. Not only was the neck broken, but nearly all of the right ribs were fractured. There was a gash two inches long extending diagonally upwards from the bridge of the nose, and a portion of the left eyelid was torn away. While the skull was undoubtedly cracked the fractures were not sufficient to be observed from the outside. It is Dr. SHOWERMAN's belief that the unfortunate man's face must have been turned directly toward the engine when he was struck. Mr. COOPER was born at Sterling, Cayuga county, on April 10, 1835, and had lived in Genesee county about 12 years. Besides his wife he is survived by three children, Mrs. George W. LEAR of West Batavia, Mrs.. William RADMORE of Batavia and Jesse F. COOPER of Batavia; three brothers and two sisters, Durtis D. and Andrew COOPER and Mrs. Mary E. MURDOCK of Oswego, Mrs. Agnes A. FOREMAN and William D. COOPER of Sterling. The funeral will be held from the house tomorrow afternoon at 2 o'clock. The members of the Upton post will meet at their quarters at 8 o'clock this evening to arrange to attend the funeral in a body. * * Arrest of a Debtor. He was Discharged Because It Couldn't Be Proved He had Property. Arthur H. KURTZ, a former resident of Batavia, was arrested this morning in Elba by Under Sheriff SOUTHWORTH on a warrant issued by Judge NORTH, before whom he was arraigned. The arrest was made under a provision in the code which authorizes the arrest of a non-resident judgment debtor. The plaintiffs were H.O. BOSTWICK & Son, who had a claim against the defendant amounting to $45. The action was in the nature of supplementary proceedings, H.B. CONE appearing for Bostwick & Son, and the Hon. George BOWEN for KURTZ. Evidence was taken, but as it could not be proven that the defendant had any property, he was discharged. KURTZ is now living in Kalamazoo, Mich. * * Hattie M. Kellogg of Morganville. Miss Hattie May KELLOGG died at the home of her parents, Mr.and Mrs. William KELLOGG of Morganville, on Saturday night at 11 o'clock, after a brief illness, aged 15 years. Besides her parents she is survived by two brothers, who live in Stafford; an uncle, Charles RICHMOND of Batavia, and three aunts, Mrs. Morris GORDON and Misses Ollie and Allie RICHMOND of Batavia. The funeral will be held from the house at 1 o'clock tomorrow afternoon and from the church in Morganville at 2 o'clock. * * Sermons on Benham. The Rev. Byron H. Stauffer of Buffalo Preaches on "Guilty or Not Guilty" The Rev. Byron H. STAUFFER, pastor of the Lovejoy street Methodist church, Buffalo, preached to a full house last night, it having been announced that he would talk about the BENHAM case. "Guilty or Not Guilty" was the subject, and the text was announced from Hebrew ix, 27: "After this the judgment." Mr. STAUFFER dwelt on the sinfulness of BENHAM's life and said it has a warning to young men. Mr. STAUFFER said he was morally certain that BENHAM had killed his wife, but he was not legally certain. He said that few persons removed from the scenes of the case would care to render a verdict of guilty. Yet the great majority of men believed that the man poisoned his wife. The juror who spoke of the case since the verdict shows that the men who tried BENHAM are not ideal jurors. A juror should not say that the demeanor of Mrs. BENHAM influenced him. Neither should he declare that the experts on one side tried to damage the professional business of the other experts to build up their own practice. these things only tend to show a biased jury. It is, he said, a question whether the published testimony of that juror alone will not secure a new trial. The Rev. George W. PECK, also a Buffalo pastor, preached last night on "Lessons from the BENHAM Trial." His text was Galatians viii, 6: "They that sow to the flesh, shall of the flesh reap corruption, but they that sow to the spirit, shall of the spirit reap life everlasting." The lessons Dr. PECK drew from the trial were brought out with almost no reference to the trial itself. He spoke of BENHAM's profanity and the evil of bad language, directing much of his address to the boys in his congregation. He thought BENHAM's language was not that of an innocent man. * * Benham Himself Again. He Sleeps Well and Eats Heartily-How He Passed a Sunday BENHAM spent a quiet Sunday. He has completely recovered his composure, sleeps well and eats heartily and with apparent relish. His sister Florence visited him Saturday afternoon and Jean BENHAM went in for a few minutes early last evening. His only other visitors yesterday were George M. GILLETTE, of Bergen, Deputy Clerk of the Assembly, and Thomas H. BARRETT of Batavia. BENHAM says that he hopes his case will be settled without much delay. If the verdict is to stand he wants to know it and if he is to have another trial he wants to know that. Saturday night he retired shortly before 11 o'clock and slept right through until 6:30 a.m. yesterday. submitted by Linda Schmidt *********************************************