The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-04-05
MAXWELL ANp KING.


commenced before Justice Caldwell yester.
lay morning, at the Court House. Messrs.
VIM. P. Hubbard, II. NJ. Russell aud j.
H. Good appeared for the defense, and
Prosecuting Attorney jordan, E. g. Cru
craft, All. Caldwell and B. B, Dovener for
tho State.
Beiorethe examination Of witnesses COM
1t was agreed by the counsel on
either side that ali the testimony hereto
fore taken in the embezzlement cases
would be considered by the Justice, 80 far
as 1t might be pertinent and applicable
TO the arson cases.
The first witness called by the prosecu-
ton was Mr.. James Maxwell, one Of the
late Gas Trustees, who was examined as
to the contents Of minute book kept up
on meetings ofthe Board OF Trustees. The
book was In charge Of the Secretary, John
L. Maxwell. Witness had not seen the
book since before the fire at the Gas Office,
when tho city authorities took possession
ofit.
Mr.. Edmund Booking testified that he
saw John L. Maxwell the morning Of the
day OF the fire. Witness called Maxwell's
to an article In Sunday paper
asking for an investigation OF the Gas
Office. Ho read 1t and said there was not
q word Of truth in the charges made. Max
well stayed some time afterwards, when
he went away. Witness did not know
whether he went into the Gas Office or not.
Witness then gave an account Of the fire
in the Gas Office, the details Of which are
familiar to the public. The handkerchief
found on the counter OF the Gas Office the
night OF the fire was here shown to the
witness, and he was asked il he had ever
seen 1t before the fire. In reply, Mr..
Booking stated that he had seen hand.
kerchief in the possession Of Andrew King
before the fire which closely resembled 1t.
Mayor Sweeney was next called to the
stand, and testified as to the condition in
which he found the books at the Gas
Office after the flames had been extin.
guished. Mr.. King was present when
witness was at the Gas office, and his con-
duct was such as might have been expect
ed under the circumstances. King told
him there were three keys to the office, OF
which he had one, Maxwell had one and
]. w. Dorr had the third. Witness alter
wards asCertained that James Maxwell
also had key. Witness asked King to
look and see Il the back door was closed ;
he did 80, and reported that It was bar
red. Witness saw King again at halt.past
eleven o'clock, when he seemed to be a
little excited. An officer had been sent
for key in Kings possession, and the
officer conveyed the impression to King
that he was under arrest, which was not
the case. King was in the Gas Office before
witness arrival, and all the time he was
there, from one-half to three-quaTters OF
an hour Witness did not observe
that King was doing anything
unusual, and did not think there
was anything in his conduct to OK
cite suspicion. Saw handkerchief in
Kings hand, and asked to look Mt it. King
remarked that 1t was Of no account. Wit
moss insisted upon looking at it, and King
finally gave It 10 him. King had the hand
kerchief in his hand between the leaves
Of book. The handkerchief found in the
office was shown to witness, which he
identified as tho one King had. An oil
can was found setting on the floor OF the
office, which King said was for the use Of
the lanterns used by the employees. There
was no oil upon tho handkerchief; the
leaves Of the books were saturated. King
did not say anything as to the ownership
OF the handkerchief. Upon Kings return
to the Gas Office, ut 1870 y. NJ, witness
took him into the back room Of the office
and expressed his surprise that Maxwell
had not been present at any time during
or after the fire. King said he had gone
to Maxwell's house and found him in bed
he told him Of the fire ut tho office; King
did not assign any reason, nor did he inI
dictate that Maxwell had any reason, for
his (NIaxweil's) non.appearance.
Joseph Wickham deposed that about
half-past O'Clock on the evening OF the
fire he passed down Twelfth street and
saw John Maxwell leaning against tho
door OF the Gas Office. Witness exchang.
ed greetings with MAXWELL
G. S. Howell was examined in regard to
m interview between himself and John
Maxwell the morning after the fire, in
which interview Maxwell had stated that
the books burned would not interfere with
an investigation OF the affairs OF the office
Dennis Gilligan testified that he was al
Andrew Kings house the night OF the
fire, and went to the Gas Office in COM
pany with King. Witness also went with
King to Alaxwell's house. NIaxwell's
daughter admitted them to the house, she
said that her father was up stairs in bed
King told her there had been o fire in the
Gas Office, whereupon she called to her
father and told him OF the fire. Maxwell
came down and King told him that the
Gas Office books had beOp burned. Max.
well seemed to be very much alarmed; he
seemed to think the metre books were the
mostimportant, and the ones they would
need the most. My Gol!" he ex'
claimed, "These are the most important
books" King said something about Max.
wells going to the scene OF the fire. Wit.
ness resumed: went q part OF the way
home with King; We went together until
within square oil Kings house; did moi
see King any more that night went 10
Kings house on that day after seven
o'clock in the evening; | went there to see
Jimmy Grogan. He, Grogan, is no rela-
ton Of mine. Grogan was in bed; he had
been hurt. Andy King and Max.
well were present when I went there,
Maxwell left about fifteen or TWEEN.
ty minutes before the alarm OF fire
struck. Andy was down stairs once while
l was there. Maxwell went down little
before the time he left the house; could
hear him talking down below; Mrs. King
and some Of NIaxwell's daughters were
with him. Mccullough and one or two
others were there. When the alarm Of
fire struck l was up stairs. We waited
for the Capitol clock to give the alarm.
1t did not give it. When came down
stairs Andy said that We would 60 the
fire, or rather look for It, when we went
to the Office. Did not hear the Greayes
article discussed. -.
The hearing was adjourned until
o'clock r. NJ. .
AFTERNOON SESSION. ..
Edmund Booking was recalled, and
stated that he knew OF one time before
that the Gas 0fliCeha been left unlocked
Mr.. Wheat, who had desk in the office
had forgotten to lock 1t, and Maxwell had
reprimanded him for Il.