The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-01-27

trial OF Thomas DOland dltGS Inomss Oaiy Iva
Arson, was resumed, and jury tormeo'
Messrs. O'Connor, Seymour and Gayar appear
ing for the defence.
H. Bake, the first witness for the pTosett
cution, testified: That he reslded ana ;, hups aIS
store at the southeast corner OF beaaiatI a NJ ON,
Mazyck streets, in partnership WIN III. ~.
Jepke. On the morning Of the 2Sd Oh ocsopea iysa
he was aroused by Mrs. Llhenthal, one Q! he ene
occupants of the house, who soia Ma aandaS SnaU
house was on fire. He Immediately descended 90
the stairs and found fire burning IN Two
nIaces.wone under the eastern door OF the
bomse onening on the yard, and the other
nnder a screen about six feet from the house
and adjoining on one side the piazza ana tne
other fence and shed. There was renee On
Beaufain-street, but it has no gate. On Ma
zyck-street there was a gate Leading INTO the
ward. The witness was positive OF having,
Closed both that gate and the store on that
night. Knew the prisoner, as he had VISITED
the parties residing in the house about one
year previous. The goods were the prop
erty Of witness, and the house belonged to L.
Clafy.
Cross s-eramined.- stock was insured for
$500 at the time Of the fire. When the ala rTa
was given he found the gate open, the store
being closed, also the door leading into the
yard. When witness came down stairs ne
found some cotton saturated with turpentne,
partially burnt under the sill Of the door.
M. al. Nathan, Chief Of Fire Department.
said that he heard Of the fire the next morr-
ing, as there was no alarm that n1gnt tnaG ne
examined the premises Immediately. ,Iney
were as described by the previous witness,
and the marks of the fire were plfinly visible.
F. j. Lilienthal, testified: That he resided
in the house at the time Of the fie, and was
awoke by the noise of a watchnlans rattle.
Ee opened q window and saw thu fire in the
ward. Witness then ran down stairs, and saw
the blaze at the door on the piazza, ana also
that on the yard. The witness thgn went back
to bring his family out, but Bake and bus
brother said they could put the fire out, which
was DONE The description Of the fire was the
same as that stated by Bake. The cotton was
found under the sill Of the door, and the screen
in the ward was considerably chalTed.
Mrs. Iilienthal corroborated the testimony
cf her husband.
John Cahin, policeman, testifsd: That on
the night Of October 2Sd he was on Beaufaln.
street, and while standing at the corner OF
Beaufain and Mazyck streets, he saw the
prisoner come out Of the gate leading on Ma
zyok-street and walk off quite fist. At thSt
time his suspicious were aroused, and he went
to the gate quickly and saw the fir in the yard;
he opened the gate and saw the fire plainly.
The witness then called to the man to halt,
but he commenced to run. At That time ne
sprung liis rattle and pursued the prisoner,
who ran into West-street, and thence into Arch
dale-street, where he concealed himself by
fence. When the witness came up Doland had
his pistol presented within two feet OF his
(witness') breast, AMI said "Yotl -, II you
don't go back and hush III have your lfe:"
The witness then fell back, bu; Doland ad-
vanced, and repeated his threat. At that time
witness threw his arm across his breast and re-
ceiyed the shot in his arm which threw him
down. Doland then ran back into Mazyck-
street, the witness following him, until he met
Sergeant Wescoat, who esked him "what was
the matter2" Witness replied s'that man
had shot him and set place on fre." Police
men Graham and Gerarty came up with the
Sergeant, and pursued Doland. Witness had
known Doland for some time and recognized
him when the shot was fired, ard is sure that
he 1s the same man who came o1t Of the gate.
A. B. Wescoat testified: That he wes ser
geant of the police at the time, Gnd was q. the
Jail when he heard the rattle and shot, and
galloped round guided by the noise; he
met Doland in MaZyck-street, between West
and Beaufain, and met Cahill at the corner Of
Mazyck and West who told hin! to stop that
man; the witness then turned his horse and
pursued Doland, overtaking him on Magazine
street; Doland pointed his pistol at him and
told him to look out for hims elf; witness at
tempted to ride over Doland, but be jumped
out Of the way; Gerarty and Graham came up
at the time and pursued him to burnt lot op-
posite the Unitarian Church; they struck Do
land and took the pistol from him; the barrels
were al loaded but one, and the pistol was
cooked; witness recognized the prisoner as the
same man.
Patrick Graham testified: That he was q
policeman and was on Berresford-street az the
time of the occurrence. Hearii loud hauco-
ing, but did not recognize the voice; when IN
West-street near Archdale he snw flash and
heard Cahir say he was shot; witness ran to-
ward him, and Cahill said he was shot; Ser
geant Reilly came up and called on witness to
follow: the prisoner was then running; when
witness came up with him two Hergeants OF the
police were also on the ground: witness asked
the prisoner why he shot Cahill, and he said
because he was drunk. "a Z"
Mrs. Claffy testified: That her husband owned
house at the corner Of Beau1ain and Mazyck
streets. She had known the prisoner nearly
three years. He was then employed i'll the
gas works. To her knowledge he had never
been in her husbands employ, though they
wera friendly. Her husband is in New York,
and has been there for some time. He bought
the house In question during the war She
has heard that it was insured Tor 5000.
in W. B. Heriot & Co.'s insurance office. The
insurance on the house was $4,000, and on the
kitchen $1,000.
Henry Clark testified: That he resides in
Beaufain street. He estimated the value Of
the premises at about $4,000 at the present
time, and that If they we're insured for $4,000,
it was considerably above their value.
Here the State closed the case, and the do
fence called in James Rumley.
Witness was member Of the police force
on the night OF the fire; was on watch from 2
to o'clock that night from Archdale to Rut-
ledge-street in Beaufain-stl eet. AS witness
was coming from Rutledye-street towards
Mazyck, saw man coming up Mazyck-street
on the west side; when be reached Beaufain
he turned to King; when he ,ame to fence, put
his hand up, made two attempts to catch
fence. Witness crossed over to him and told
him that it was against the rules OF city to
lump fences. Man replied that he lived there,
off a few steps, and thought he heard foot
steps ascending the stairs inside. Witness
made the statement before She Mayors Court.
The man who jumped the fence was smaller
than prisoner. This took place at twenty min
utes to / O'Clock. The prisoner he did not con-
slider to be the same man.
Thomas Doland alias Thomas DAILY, the pris-
oner at the bar, testified: That he had worked
with one Ed. White In the i,as business. Wit
ness said that on the night Of the fire he was
going from Market-street 10 see friend in
Pitt-street he went through West-street and
turned up Mazyok to Beaufain until he came
a light in the yard; he looked through the
cracks of the gate and saw it was fire; then
turned round to give the alarm, when he heard
a policeman spring his rsttle. Witness then
turned and ran down Mazyok to West-street,
towards the Hope engine house. Hearing q
man coming after him, CRYING: stopl stop! he
stopped in West-street until the policeman