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From Geneva Gazette 31 December 1875
On Tuesday afternoon last, Mr. Jacob Westfall, a farmer residing about 3 1/2 miles southeast of Phelps village, went to that market with a load of wood. He arrived in town, sold his wood, made a fe w small purchases, collected a small debt, paid another one, fell in with some acquaintances, drank two or three times with them, and became somewhat intoxicated. About 8 p.m. a friend helped him int o his wagon, got him started toward home and left him. Alas, that home he never reached alive. After hours of weary waiting and watching, his anxious wife sends for a neighbor to go and search for hi m. That neighbor pursues the search for 2 1/2 miles towards Phelps, then finds the team at large by the roadside. He arouses another neighbor, and together they pursue search, when the cold and inan imate form of the missing man is found stark and stiff in death in the highway, with a murderous wound in his head and weltering in a pool of blood.
What followed is in the testimony, for which we are indebted to the courtesy of Coroner Covert of Geneva, who was notified and took charge of the inquest. The Coroner found the body undisturbed jus t where it was first discovered. He took the dead man's wallet and found there all the money which could be traced to his possession. 'Tis said that one of his errands to town was to collect a consi derable amount of money due him on a previous sale and delivery of grain, but inquiry proved that he did not receive it. Such purpose may have become to some desperado who coveted a plethoric purse , but who, disappointed in the magnitude of his prize, resolved to touch none of it, or was frightened away after enacting the frightful tragedy. But this is mere speculation. Another theory is, tha t murder was committed from the mere motive of revenge, yet God only knows who could have been actuated by such fatal enmity.
We heard the principal wound described as of such nature that it might have been given with the head of an axe. Suggestive of foul play is the fact that he evidently fell from his wagon on the righ t hand side of it, while the wound was upon the left side of his head. And then again it is a suspicious circumstance that the horses' lines were found wound around the third stake of his wagon-rac k forward from that on which he had been seated. Would he, unless drunk to utter insensibility, (which does not seem to have been the case, ) have discarded the reins and left a "high-lifed and spiri ted team" absolutely without guidance or control? The public will await with deep interest further developments in this awful affair.
Mr. Westfall was aged about 60 years and himself born and brought up in Phelps, and raised a large family therein. He was regarded as a good farmer, a kind neighbor, husband and father, subject to n o adverse criticism except as to his appetite for ardent spirits. Coroner Covert, on arriving in Phelps by first train Monday morning, summoned an intelligent jury, who with him proceeded to the spo t where the ill-fated victim was first found, viewed the body and returned to Tichnor's hotel to take testimony. The following gentlemen compose the jury: Thomas J. Lyman, Abram S. Smith, James Bark er, John W. Lyon, David B. Sweet, Caleb P. Kelly, Francis Root, B. F. Odell, Patrick W. Bradley, John H. Roy, James M. Cole, Abram B. Pruyn, Rus'l C. Carpenter and Abram T. Canouse.
From Geneva Gazette 7 January 1876
Coroner Covert continued his investigation into the cause of Mr. Westfall's death last Tuesday. Statements of two or three witnesses examined last week, against whom some suspicion existed, were full y corroborated. But little new was elicited leading to a solution of the mystery involved in this tragic event. But the jury were unanimously convinced from the testimony of surgeons who made the po st mortem examination that Jacob Westfall came to his death by criminal means. Their verdict concludes: "We find that death was caused by a wound on the left side of his head, inflicted by some pers on or persons or by other direct violence to the jury unknown." We overstated the age of Mr. Westfall in our last. He was in his 49th year only, instead of 60 years old. The civil authorities and p eople of Phelps will be constantly on the alert to discover a clue to his murderer.
We give a synopsis of additional testimony as follows:
In the examination last Tuesday Chauncey Howard, who lives half a mile east of Phelps village, testified that he was at home Tuesday night, 28th ult., and between 8 and 9 o'clock saw a lumber wagon wi th wood rack upon it pass his house, and two men were in the wagon; heard them conversing, but did not recognize either of them. Did not know Mr. Westfall. The team was walking.
James Howard of Phelps testified that in coming to the village that night at about a quarter past 8 he met a team with wood rack on wagon and two men in the vehicle, one near front end and the other i n back part. Met them near Sabin's corners going north. Noticed a man cross the road ahead of team, but did not see where he went. Sister went to village and returned home with witness.
Freeman R. Hicks testified that he remembered seeing Westfall, Fillmore and others in Van Auken's saloon that night. The two former went out together, and Fillmore did not return while witness remain ed, which was about half an hour, or until about 9 P. M.
James Armstrong testified that in coming to the village about 8 p.m., he met a team of dark-colored horses with woodrack and two men, one seated in front, the other in back part of wagon. One in fron t wore a hat, the other a cap - both seated on the right hand side of wagon. Before meeting team saw a man on foot going north and walking quite fast. Met team north of Sabin's corners.
John Westfall, brother of deceased, testified that deceased was sued at Clyde by a former employee named Thomas Herold, on a claim for wages, amount $30; that Herold was non-suited; that on the 22d No vember Herold come to witness' barn and said that "if my brother did not pay he would waylay him." On the first of December he came to my house and then told me that he had hired his board at Lyons f or a week watching for Jacob Westfall, but did not state for what purpose he was watching him. "Herold is ugly and vicious when under the influence of liquor, but quiet and peaceful when sober." Witn ess knew of no facts to account for the death of his brother. Had heard him say that he owed Herold only $4.
Aiken Irving testified to seeing Fillmore help deceased into his wagon, back the team out, and jump out near the crosswalk. Saw him go into saloon under Phelps hotel, and again saw him in Butterfield' s saloon from which latter he departed after ten or fifteen minutes.
Hiram Peck testified that he went to the Wayne County Poor House on the 31st ult., examined register, found the name of Peter Marr and full description of person corresponding with that of Peter Rice , who was sworn on Thursday. Marr (or Rice) arrived at Poor House Tuesday, 28th ult. at about 5 p.m., remained over night, and departed at 7 a.m. Wednesday morning. Is satisfied that said inmate an d Peter Rice is one and the same person.
Stephen W.
