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Gabriel Bishop

BISHOP IS GUILTY!

THE JURY SAYS HE KILLED YOUNG AUSTIN EVERETT

Angered at a Boyish Prank, Bishop Blew Up With Fatal Results the Camp in Which Everett and Others Were Sleeping.

Belmont, NY., March 2, [1900] -- From a home of refinement from all the advantages which wealth and social position could give him, from the arms of a doting and affectionate mother, young Gabriel BISHOP must go to a felon's cell, there by long years of confinement and hard labor to expiate the terrible crime of which a jury has pronounced him guilty. The indictment did not charge the young man with murder in the first degree, but with manslaughter, for no one believed at the time or believes now that there was in his heart an intention to kill Everett AUSTIN.

The act which resulted in the death of young AUSTIN was perpetrated on the night of July 8, 1899, and since that time Bishop has stoutly maintained that he had nothing to do with the affair, and when he took the stand this week in his own behalf, he denied all the incriminating circumstances which the prosecution had brought out by apparently reliable witnesses. He may be the innocent victim of circumstances, but everything in the history of the case and the evidence tend to the belief that BISHOP, with the intention of playing a practical joke or of carrying out a plan by which to get even for real or fancied grievances exploded a stick of dynamite .... [two lines apparently cut off] ...of the power of dynamite and it is certain that he knew nothing of the handling the compound until a friend gave him some little information about it the day before. If the testimony of another witness is true, it seems that he had an idea that a stick of dynamite had about the same explosive power as a giant firecracker, for this witness swore that Bishop told him a few hours before the explosion that he was going down to the lake with some big firecrackers to get even. It is certain that the boys who were in the cottage had tantalized and played tricks on Bishop and a friend during the preceding evening. It is probable that the deed was committed with no intention of doing anyone bodily injury, but to result in a scare which could afterward be talked of as a great joke. When the terrible and fatal work of the explosive became known, the deed was looked upon as a cowardly crime and no one could be forced to admit responsibility for it.

STORY OF THE CRIME

Cuba Lake is a pretty sheet of water in the southwestern part of Allegany county. A number of cottages and boat houses are located on its shores and in the summer season these are occupied by citizens of Cuba and Belmont. On the night of July 7, 1899, one of these cottages was occupied by five young men from Belmont, Everett AUSTIN, James NICHOLSON, Elmer, Clyde and Claude AUSTIN. In another cottage near by were Mr. and Mrs. James ANDERSON and two young ladies, Miss Grace PETTIBONE and Miss Ada FURMAN, all of Belmont. On the evening of July 7, Gabriel BISHOP and Paul MORGAN, of Cuba, rode to the camp on their bicycles and took the two young ladies out rowing on the lake. It is said that while they were rowing the boys from Belmont jeered at them. When they returned BISHOP and MORGAN found that their bicycles had been taken apart and the tires deflated. After considerable difficulty MORGAN got his wheel together so that he could ride it, but BISHOP was not so fortunate and had to walk home. It was then raining quite hard, but the girls claimed that the boys did not seem angry and looked upon the event as a joke. About 3 o'clock the following morning a terrific explosion awoke the cottagers in the vicinity of the cottage occupied by the boys from Belmont. Investigation showed that the cottage had been shattered to a certain extent by the explosion of a stick of dynamite, and Everett AUSTIN was found terribly injured. He was taken to his home in Belmont, where he died during the forenoon. AUSTIN retained consciousness after the explosion and stated that the boys from Belmont had quarreled with BISHOP and MORGAN on the preceding evening. This led the authorities to suspect the two boys from Cuba and after a careful investigation Bishop was arrested, charged with manslaughter in the first degree, and held in $10,000 bail. MORGAN proved an alibi and was not arrested.

THE TRIAL

When the trial commenced Saturday at Cuba, the Court House was crowded. The first witness sworn was Gaylor GLENN, son of W. J. GLENN, doorkeeper of the House of Representatives at Washington. He testified that the day before the explosion he purchased a stick of dynamite for the purpose of blowing up a cesspool. In the evening he showed it to Bishop and explained to him how to explode it with a fuse and cap. He said that he hid it in a hen house and than no one but himself and Bishop knew where it was secreted. The day after the explosion this dynamite could not be found. Perhaps the most damaging testimony of the day came from Martin COSTELLO, a night operator at the Erie Railroad. he said that about 12:30 on the night of the explosion Bishop came to him and borrowed a lantern and made the statement that he was going to the lake with big fire crackers to "get even." COSTELLO refused a request to go along and at 3:25 BISHOP returned the lantern at 3:10 as he was implicated in the explosion at the lake. COSTELLO refused to grant the request. This testimony was corroborated in great part by Benjamin HAYNES and Coleman DOTY. When the defense opened, BISHOP took the stand in his own defense and denied all the important incidents which the prosecution had made against him. He claims that he borrowed the lantern to aid him in finding his way to his home, and that he remained there until after 3 o'clock when he started to return the lantern.

There was much other testimony tending to prove that Bishop was guilty of placing and exploding the dynamite and while many sympathize with him, believing the boy meant nothing worse then a practical joke, the people generally agree that the jury could have found no other verdict than that which they handed in.

GABRIEL BISHOP

is now 18 years old, and a son of Mrs. Grace BISHOP, who is a daughter of the late Gen. CHAMBERLAIN. His father died some years ago. He was a banker in Cuba, and at his death left an independent fortune to his family. Young BISHOP has enjoyed every advantage that money could give and has a good ... [line cut off]

At the time of the explosion which caused the death of Young AUSTIN, BISHOP was preparing to enter Cornell University to complete his education. It is said that a rivalry has existed for years between the boys of Cuba and Belmont and that those of one place would not look with favor upon any attempts made by those from the other place to gain social advantage or recognition. Bishop on account of his wealth and attainments was one of the social leaders of Cuba, and if such a feeling as described existed, it is probable that he and the boys from Belmont were not the best of friends. This feeling will also account to a certain measure for the jeering from the boys of Belmont when Bishop and Morgan were out rowing with the two young ladies from Belmont, and for the condition of the two bicycles when found. The same feeling and the jeering and condition of the wheels when found have been used by the prosecution to prove a motive on the part of Bishop for the explosion.


THE JURY SAYS BISHOP IS GUILTY

They Add a Recommendation for Mercy. -- Manslaughter in the Second Degree.

The jury in the famous Gabriel Bishop Cuba Lake explosion case rendered their decision at Belmont Thursday noon, March 1. (1900) The verdict was guilty of manslaughter in the second degree. The jury at the same time handed the presiding Judge NORTON the following recommendation for mercy:

"We, the undersigned jurors of Allegany county, in the case of the people of the state of New York vs. Gabriel BISHOP of Cuba, N.Y., find the defendant guilty as charged in the indictment; and in consideration of the many mitigating circumstances connected with the case we respectfully recommend the mercy of the court." [line cut off] ....sentence is pronounced, and the court was adjourned until Friday morning, March 9, at 10 o'clock.

The verdict comes in the nature of a surprise but this newspaper believes it is just as it should be. The death of Everett AUSTIN was an accident. BISHOP never intended such results but he should be roundly fined for such careless use of explosives.

The maximum penalty prescribed by law is fifteen years in prison, $1,000 fine, or both.

The relatives of AUSTIN, the dead man, have begun an action for $5,000 damages for the death of AUSTIN.

BISHOP belongs to a prominent Allegany county family. He caused the death of Everet AUSTIN by blowing up a cabin at Cuba Lake with dynamite on the morning of July 8th last. BISHOP is but 17 years old and AUSTIN was only 23. The trial lasted ten days and prominent counsel did their best to save the youth. The people's case rested largely on the evidence of one witness, Martin COSTELLO, an Erie signal operator, who testified to very damaging admissions by BISHOP on the morning of the tragedy, when he returned a borrowed lantern to the tower.


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The Bishop murder trial articles were submitted to Allegany Co., NY GenWeb Page by Carol Barber.


Last updated on October 28, 1999
© copyright 1999, by Vivian Karen Bush
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