To Tell the Truth
by Lynne Belluscio

JAN. 15, 2001 - Last week I received a phone call from Rob Lloyd in Burbank California. "Is this Lynne Belluscio?"

"Yes"

"Youíre the Director of the Jell-O Museum?"

"Yes."

"Could you fly to California to appear on "To Tell the Truth?"

"Gee, I donít know. I didnít know 'To Tell the Truth' was still on the air." (Iím thinking to myself, wasnít that a show with Kittie Carlisle and Tom Postum with Gary Moore? or was that ëWhatís My Line?í)

Anyway, Rob assures me that "To Tell the Truth" is still a nationally syndicated show. (I found it listed in Rochester, Channel 8 at 2:30 in the morning.)

"Well, I think it would fun to do, but the Historical Society doesnít have the money to send me out to California."

"No, we donít expect you to pay for the trip. We hope that Jell-O might come up with the money."

"Donít count on it. But Iíll call New York and tell them your proposal and maybe theyíll have a change of heart." I called New York and left a message. Camille called back later that day. "Sounds like a great opportunity, but Iíll have to clear it with Jell-O. Iíll get back to you as soon as I can." I still hadnít heard anything by the next day. Andrea offered to call a friend of hers to see what kind of cheap rates we could find to Los Angeles. Two hundred and sixty- one dollars sounded pretty good, so I called Rob and left him a message. "I can get a cheap flight to California and whether Jell-O buys into this idea or not, I think it would be a good idea for me to come out."

Rob called back. "Iíve talked with New York and they want the Jell-O brand manager to appear. I donít want the brand manager. I want the Director of the Jell-O Museum."

"Well Iím ready to buy a ticket. When do you want me to be there?" I still hadnít heard from Camille, so I called once more and she told me that she finally had an approval from Jell-O and that they would help pay for the trip. Good. I called Rob. "Looks like everything is OK, but I wonít be in the office for a couple of days. I have to report for jury duty."

"Weíll take care of making flight arrangements and get back to you next week." (Iím still waiting for confirmation about the trip, but Iíll keep everyone posted.) So last week it was 'To Tell the Truth' in California and this week it was telling the truth in Batavia for jury duty. I had postponed jury duty in August because of my daughterís wedding, so when I received the jury notice to appear in January, I crossed out a couple of days on my calendar. I reported to the new courthouse, waited in line to sign in, filled out a questionnaire, and viewed a really great video about the jury system in New York State.

Then it was to the court room to be sworn in. I was in the first group of jurors to be questioned. When it was my turn, I was asked where I work, what I did in my spare time and what service clubs I belong to. "I work at the Le Roy Historical Society. I own and show driving horses. Iím a Rotarian." Then I was asked how I felt when I received the jury summons. I had to tell the truth: " It was an inconvenience. Today was the last day I could spend with my family and new grandson who is here from Japan and I had to find someone to take them to the airport tomorrow." It seemed like everyone in the courtroom said 'Aw' at once. I couldnít believe it, when I was told I could leave and go home to be with my family, but it certainly was good to spend the last few hours with the family instead of having to sit on a jury. I have to admit, that I would have liked the opportunity to sit on a jury.

Now for a bit of history. According to the History of the Holland Purchase, the first jury in Genesee County was called in June 1803 but there were no indictments issued. The courts convened again in November and the first court decision concerned a case between Rufus Hart and Erasmus Enos. The court also reviewed a petition from Nathan Perry to establish a ferry across the Niagara River at Black Rock (Buffalo). The next court was convened in June 1804. Because jurymen had to be land owners, there were not enough "freeholders" to create an entirely new jury, so many of the jurors had already served the year before.

At this court session the jury heard a case concerning misdemeanor charges against three individuals. The first jury impaneled in a civil suit included Job Pierce, Andrew Wortman, Gilbert Hall, John MíNaughton, Isaac Smith, Archileas Whitten, Isaac Sutherland, Samuel Davis, Ransom Harmon, Peter Vandeventer, Hugh MíDermott, Jabez Fox.

At this court session, a license was granted to Robert Lee to keep a ferry over the Niagara River. Daniel Curtiss was granted a license for a ferry on the Genesee River and William Sydor to keep a ferry at the mouth of Cattaragus Creek.

In 1804, the Honorable Ambrose Spencer presided over the first indictment for a case of manslaughter: The People vs. Joseph Rhineberger. The jury convicted Rhineberger and he was sentenced to 10 years in prison. The first murder trial was in June 1807. Daniel Tompkins was the presiding judge for the first murder trial in Genesee County. James MíLean was indicted for the murder of William Orr. The murder was committed near Caledonia. Orr had cut a whitewood tree that MíLean claimed was on his property. Mílean struck Orr with an ax, killing him with two blows. Another man, MíLaughlin, tried to interfere, and was also killed. MíLean hid in a hollow log that night and then tried to escape through the woods. A manhunt was organized by Judge Platt, who called out the militia. After several days, MíLean was spotted in a public house east of Canandaigua and was arrested. He was represented by Judge Howell who opposed the selection of the jury, of all freeholders. MíLean was an "alien" meaning that he did not own land and thus was not a "freeholder." Howell claimed that MíLean was entitled to be tried by a jury of his peers, thus half of the jury should be aliens. The jury was chosen: Citizens - Benjamin Morgan, Ebanezer Cary, Samuel Geer, Worthy Churchill, John Oney, Daniel Fairbanks. The Aliens - Duncan MíLelland, James MíLelland, John MíPherson, John MíVane, Daniel MíKinney, Patrick Powers. Never the less, MíLean was convicted of murder and sentenced to death by hanging. On the day of the execution, hundreds of spectators arrived in Batavia to witness the spectacle. One of the more curious situations that I discovered while reading through the early history of the court system, was the procedures for jail limits for bailed debtors. "Jail" consisted of the side walks of Batavia and several boarding houses. Debtors had to study a chart to avoid stepping "out of jail." When new houses were built, the law had to be changed to change the limits of debtorís jail.

Unbelievably, for debtors, paths and access to privies were prescribed by law and had to be surveyed an included on the jail charts!