The Cantankerous Herman Lutter

Herman Lutter (1860-1924), my great great grandfather, was no stranger to lawsuits. He filed for divorce against both his wives. He sued his brother-in-law, Albert Neubauer, but his judgment was reversed on appeal. He was sued for selling a broken car; he prevailed.

I found another legal situation in a newspaper. In 1905, Herman was attacked on the water in a boat. I don't know what became of this case. His attacker was Matthias Johnson, who claimed that he thought he was in New York waters, not New Jersey, and that the motivation was that Herman borrowed and soiled Matthias' coat. 

Trial of Case Here Will Depend upon Location of Fishing Party on Water.

Matthias, known as “Tierce” Johnson, was arrested by City Marshal Peltier on a warrant shortly after 8 o’clock this morning and was at once arraigned before Recorder Piekersgill on a charge of assaulting Herman Lutter, of 70 Elm street, Newark, while in a boat out in the bay.

Johnson acknowledged committing the assault but claimed to be immune from punishment here on the claim that, at the time, the boat was over the line between New Jersey and New York and that he could only be punished in New York. He declared that he would not have struck Lutter but for the knowledge that the boat was in New York waters.

The recorder paroled Johnson and adjourned the case until he could ascertain exactly whether the assault had been committed in New York or New Jersey waters. Of course, were the boat on the farther side of the state line at the time, Johnson would be immune from prosecution in New Jersey.

The assault occurred several days ago, and arose from the taking of Johnson’s coat by Lutter. Johnson declares that Lutter used the coat while handling fish, and that he soiled it.

 

In this map, I have highlighted the relevant areas. Herman lived in Newark. The incident happened in the area of Perth Amboy. The boundary between New Jersey and New York is shown as a dotted line on the map. The boundary would not have been clear when they were offshore. I am not clear why Johnson thought that hitting Herman was permissible in New York waters but not New Jersey.

In 1908, a man named Matthias Johnson was mentioned in an article in the Asbury Park Press. He arrived in a small boat in Long Branch, Monmouth County, unsuited for the freezing weather. He claimed to be searching for a treasure in a sunken ship, The Pliny. (The Pliny sank in 1882.) Police found a bloody axe onboard, but allowed the unequipped man to continue his journey.

To Search Pliny Wreck for Gold

Man Sails from Long Island in Dory in Zero Weather to Probe Sunken Steamer

Belief that in the hulk of the steamer Pliny, wrecked many years ago off the Elberon shore and a part of which is still visible at low ride, there is a treasure that would make him wealthy could he but procure it, carried Matthias Johnson from Stapleton, [Long Island], to Long Branch in a dory while the thermometer hovered around the zero point. The man says he is a resident of Jersey City, from which place his apparatus has been sent.

In his little dory Johnson landed at the foot of North Broadway Thursday afternoon at 5:30 o’clock. Pulling his craft high up on the beach the man, after procuring something the eat, left for Jersey City.

The Long Branch police got wind of the man’s arrival and took an axe and coat from the dory. The axe was a little bloody. This led to an investigation.

Johnson arrived again in Long Branch shortly before 11 o’clock yesterday ready to resume his trip. He was dressed in a business suit, derby hat, and wore no overcoat.

Fractioned Census Entries

Below is an article from the Newark Evening News from 1892 about participation of my great great grandfather, Herman Lutter, in the German Singing Society. I was unaware of any musical talent he may have had. 

German Singing Society

The twenty-second anniversary of the German Singing Society Frohsinn was celebrated in Ester’s Park yesterday. The society sang several appropriate songs under the direction of A. Webner. The United Singers were present in a body, and the Tailor Harmonie Society of Brooklyn joined in the singing. The arrangements were made by Frank G. Geisler, Herman Lutter, William Erber, Oscar Guensch, Ernest E. Von Ende, Charles Schott and John Letzerig.

I looked into the other members of the singing society (FAN Method). One of the other participants was Frank G Geisler. Frank owned the house at 70 Elm Street in Newark, Essex County, New Jersey. Herman Lutter rented a room in this house from around 1895-1915.

Frank Geisler was born around 1848 in Austria and died in 1937 in Los Angeles, California. His wife, Anna Helf, died between the 1910-1915 (no death index for New Jersey in these years).

In the 1900 federal census, Herman was listed as a boarder at 70 Elm Street, but no landlord or owner was with him. Frank Geisler was two pages back. For some reason, this household was not enumerated together on the census. This is why you need to check the pages around your entry of interest.

1900 Federal Census: owner of 70 Elm Street, Frank Geisler

1900 Federal Census: boarders of 70 Elm Street

George Fraser of Jersey City

Mary Frazier (1835-1875) married John Calverley in the earlier 1850s. They had a son, George Frazier Calverley, around 1858 in Jersey City, Hudson County, New Jersey.

In the continued search for the family of origin of Mary Frazier, I came across an article in the Jersey Journal from 1895. George Frazier or Fraser committed bigamy by marrying Lydia Dennison in 1894 while still married to his first wife, Margaret Cannon.

     "Fraser's first wife charges him with bigamy. She was Margaret Cannon, of Yonkers, before her marriage. She produces a certificate showing that she was married to George Frazier June 14, 1882. He left her December, 1892, and came to Jersey City about two years ago. One child, the result of the union, died several years ago.

     "Frazier spelled his name Fraser in this city. He was for some time in the employ of the Griffin Iron Works. The county records show that he was married June 12, 1894, to Lydia Dennison, of this city, by Rev. D. R. Lowrie.

I did not see a pertinent entry in the index for marriages in New York and New York City for Margaret Cannon and George Fraser or Frazier. I did find the record for the marriage in 1894 of George Fraser, Jr and Lida Denison in Jersey City.

George's address was 612-58th Street in New York City. He was 35 years old (year of birth circa 1859). His parents were George Fraser and Margret Stewart of Scotland.

Lida's address was 98 Jackson Avenue in Jersey City. She was 25 years old (year of birth circa 1869). Her parents were Stephen Denison and Martha Bouker.

This was the first marriage for both of them.

A few years after the newspaper article about George's first wife, this couple was enumerated in the 1900 federal census in Philadelphia, Pennsylvania. With them was a daughter, Edith M Fraser, born in March of 1888. On this record, Edith's birth predates the marriage of George and Lyda by six years. As such, Lyda's age was modified from 30 to 39 on the census form and the years of marriage were listed as 12.

In the 1910 census, George, Lydia, and Edith were back in Jersey City, living with Lydia's mother, Martha Dennison. Lydia's age, 40 years, was more consistent with prior records. Even though Edith was 18 years old, the length of marriage for her mother and George was correctly given as 15 years.

Martha died in 1911.

Mrs Martha J Denison

     The death of Mrs Martha Jane Denison, a lifelong resident of Jersey City, which occurred on Sunday at her home, 34 Jewett Avenue, is mourned by a large number of relatives and friends. She was born Oct 31, 1830. Before her marriage she was Martha Bourker, a member of one of the oldest families in this city.

     Mrs Denison is survived by three children, Mrs Lydia Fraser, Charles Denison, and Mrs Lillie Watson, and four grandchildren. Her death leaves but one of Obadiah Bourker's family of five boys and two girls, Andrew Bourker.

In the 1930 census in Jersey City, Lydia Fraser was living with her sister and family. George was not with Lydia, even though her marital status was married and not widowed or divorced.

Who was the father of Lydia's daughter, Edith? On her birth certificate, she was named Edith May Denison. She was born on March 2, 1889 at 111 Union Street in Jersey City. Her father was "O.W." or out of wedlock. Her mother was Lida Denison, age 20.

In 1912, Edith May Fraser married Henry Christopher Heilshorn at 30 Tonnele Avenue, Jersey City. Her parents were listed as George Fraser and Elida Denison.

Edith died in 1967. She had children and grandchildren. If her descendants tested their DNA, it may be possible to ascertain if her biological father was George Fraser; if so, this may yield clues as to the origin of Mary Fraser/Frazier.

HEILSHORN

     Mrs Edith M, 78, of 1618 66th Ave S. Died Thursday Nov 2, 1967. Born in Philadelphia, Pa, here 14 years from Newark, N.J. she is survived by her husband Henery C; 2 sons Howard S, St Petersburg, and Henery C Jr, Kearny, N.Y., and 2 grandchildren. Friends may call from 7-9PM today at c. James Mathews Funeral Home 2025 9th St S where funeral services will be held at 10:30AM Monday Nov 6 with the Rev Jimmy S Jones officiating. Interment in Memorial Park.