Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-01-11

conjunction with James Richards and William
g. Clifford, is charged with burniog he ware.
house of George R. Hill & Co., situated 90
Lee street, between King and Cameron streets,
at o'clock at night, on the 7th of Noy..r. last,
was begun in the Corporation Court at II
o'clock this morning, Judge E. NJ Lowe
presiding.
After the empanneling of the jury the de-
fence moved that the witnesses for the prosecu-
ton be excluded from the courtroom, except
those who may be upon the stand testitylog iD
the cause, and especially to require the Ser
geant to take the witness Richards into custody
and prevent his communicating with other
witnesses during the progress ofthe trial. The
Commonwealth Attorney consented to the
request as to Richards, who is also indicted for
the same offeoce, ADD made the same motion
for the exclusion of the witnesses for the de-
fence The court directed Sergeant Lucas to
take Richards into custody, and that officer re-
piled that the witness was already in the sta.
ton-house. The witnesses on both sides we're
then excluded from the courtroom.
The courtroom was literally packed with
| auditors OF both races, but notwlt hStandlng the
| large attendance OF spectators, the courtroom
was kept unusually orderly through the diigeDt
efforts of the efficient officers of the court.
After the arrangement Of the defendant,
Jobp NJ. johnson, ESQ.,, Commonwealth's At.
! torney opened the cas-: for the prosecution and
explained the law Of arson to the jury, and the
facts he Commonwealth proposed to prove.
q. Z. Stuart, esq, claimed 90 behalf of the
defence that the prisoner could prove an allbi
and would show that be was at another
place at the time of the alleged burning.
The principal witness 10 the case, the boy
Richards, like all other accomplices never took
az active part 10 the commission Of the offence,
| but as matter of C ,urse was some distance
from the sc ne, peacefully rcpo5ing against a
brick wall, looking Oh the crime; and the uext
| day comes forward to swear away the liberty
of his fellow being. He would show to the
| jury that nearly all the witnesses were more or
| less Influenced by the reward which had been
offered tor the conviction OF a person charged
with ommittiug the crime OF arson; he
would Snow the character OF the witness hlch
ards, VI no was 50 depraved aud unreliable that
it would be an act of gross injustice to convict
! dog upon bis testimony, to say nothing OF de-
I
deuce; besides Richards had motive in max
ing the charge; that upon one occasion he had
| baeu arrested Is the prisoner and bad throug b
his instrumcnalty been punished, and that
| Richards had then sworn revenge. tic would
prove if necessary By the whole people OF the
city, the good character OF the defendant, which
! had been borne by him in this community for
number of years.
Dir. Stuart read authorities as to the eau
ton with which the evidence of an accompice
| should be received, and to show the burden OF
proof, even IN prlma facla case, was upon the
| Commonwealth to make out the case. The
| Jury was asked TO give the prisoner fair and
| impartial trial without bias either for or against
him, aud render just verdict upon the evil
dence.
At the conclusion of Mr.. Stuart's address
the testimony for the Commonwealth was open
ed John Nightingale, police officer, was
called aud testified that be knows the prisoner
and knows tie warehouse OF Hill Go. 90 Lee
street. He found the fire there On the 9th of
November last. A young man on that night
called at the police station aud said some one
was trying to break into the factory. They
went to the spot and found the place % fire at
the steps. He sent bis companion to the sta
ton house for a bucket Of water while witness
fought the flames The water was brought
and the flames extingulshed He looked at
his watch at the time and it lacked fifteen
minutes OF ten clock. The casing was burnt
but witness did not uotice whether the steps
we're or not Witness found bottle about two
steps from the fire. Witoess recognized the
bottle. A small quantity of coal oil was in the
bottle when found. Wtucss described the 10,
cation of the fire. The fire was 10 the casing
The fire had reached about three feet up the
casing Smelt aud saw the coal oil.
Gross examined by Mr.. Stuart: The door
opened was the one turtherest west 90 the al
| ley leading to Lee street; could DOT state the
distance of the door from the street nor the
east OF ri ght hand side Of the entrance at the
iIaughter) and it was burning the woodwork,
which was of yellow pine; The building was
dry; witness fought the fire aod kept it down.
Officer B. T. Belts was next called and tes
tilted as follows Recol!ects the fire at Hills
warehouse on Sunday night, Nov'r. the 7,h
saw the fire; the building is on the west side
Of Lee street, on the corner Of Jamieson's al.
ley; an old brick building, three stories high
the only entrance witness knows Of is 90 the
alley, ten feet from the street; the door is 8
double door; in going 10 the door the stairsteps
are Oh the right hand, and are kind of wind
log stalrsteps; the stairway occupied the entire
space in the corner Of the building; the fire
Was 10 the turn OF the steps; the fire was not
next to the wall, but was on the outer par. of
| the steps; does not know the width Of the steps
the building contained at the time wheat, two
| barrels of cider, aud number of empty barrels;
it was about quarter to ID o'clock when he
went to get the water; Que Of the steps and the
staircase was burnt; one of the steps was burn
ed entirely through and one part Of the casing
was likewise burnt through; witness saw bot
tie and identified the one showO; smelt the coal
oil 10 the bottle; the fire burned up the casing
and dowo through the steps.
Cross examined by MIR. Stuart: Did DOT
know the heighth of the steps or door, but the
steps were the ordinary heighth; the door
higher than ordinary; the door was eight or
teu feet up the alley from the street; per.
500 standing on either corner OF the alley on
Lee street could not see this fire except by
peering through the cracks 10 the warehouse;
the old warehouses are very open.