Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-04-05
GUILTY OR NOT?
THE ARSON CHARGES AGAINST MAX
WELL AND KING.
Nothing important or Damaging Yet-Ihe
Prosecution Occupies the Day-Ah
the Particulars Of the Fire
A Complete Report.
READ ANO DRAwYoU CONCLUSIONS

The charge of arson against John L.
Maxwell and Andrew King, respectively
late secretary and collector OF the gas
office, was OF sufficient interest 10 at
tract a considerable crowd TO the court
house Yesterday morning to hear the
nreliminarv examination before Justice
caldwell. Messrs. Cracraft, Caldwell,
Doyener and Jordan appeared for the
State. and Messrs. Russell, Good and
Hubbard for the defense. The prosecu-
ton occupied the entire day IN adj
vancing testimony, eliciting, however,
but little new to the public or damag-
inc 10 the prisoners. The usual amount
of sharp cross-tiring was INDUCED in by
counsel, some times good humored anu
occasionally otherwise. In the AFTER
noon several witnesses drew out laugh
ter, in which Court, counsel, accused,
reporters and spectators freely joined.
James Maxwell was the first witness
called. and testified 10 MaxwelPs being
secretary, and having the custody OF a
certain book used 10 record the proceed
ings of sessions OF the trustees. he had
not seen the book since it had been
turned over TO the city.
Edmund Booking testified as follows:
Remember the fire; saw Maxwell the
morning of the day of the fire; 1t was
about 10 o'clock in the morning; he
STAYED in my store twenty minutes or
hall an hour; called his attention TO an
article in the Sunday Leader Of that day
asking for an investigation OF the gas
office: he read it and said there was not
q word of truth in it; he stayed some
time afterwards; do not know where he
went from my store; do not know
whether he went into the gas office or
not. Saw Maxwell the morning after
the fire: do not know whether | talked
70 Maxwell or not; was in my office
kim to DR.. Frissell when the fire oc-
cur ed; when some one cried out that
| tie gas office was on fire l ran alter
$ me water, after looking into the gas
office. Here the witness described the
| desk in the office, the position OF the
| books. the oil can. etc, and their relative
positlons. He also described the condi-
| ton of the office generally, the manner
o. doing business, etc. The door, he said,
WAS not locked. There are two locks on
/ the door, one of them a Yale lock.
Maxwell explained that the door might
| have been lett open by him when speak
ing To Mr.. Mortimer Pollock. The fire
occurred about half-past s O'Clock;
| was the first person in the room
where the fire was, followed by DR.. Bull
lard; | sleep in room in the rear OF my
store; Mr.. Inch, | believe, sleeps up
stairs; on the day after the fire Mr.
Maxwell stated to me that the books
that had been burned, or attempted to
! he burned did not amount to anything
\ handkerchief was shown TO me by
Nayor Sweeney. The books were sat
urated by oil il can judge by the
smell. Do not know how many books
were i'm the desk. There is a safe
i'm the room; do not know whether IT
was locked or not. The handkerchief
found on the night OF the fire was here
shown to the witness, and he was asked
if he had ever seen it before the fire.
He had seen Il handkerchief very much
ike il in the possession OF Andrew King
before the fire.
A. j. Sweeney, Mayor, was not at the
gas office on January Goth until the fire
had been extinguished He found the
| desk scOrChed and the covering burned
but the desk itself not burned. He con-
| tinuCd: King was present when was
! there. His conduct was such as might
have been expected under the circum-
stances. ! took charge OF the books and
Registers and collection books and some
smaller ones. | took charge OF the Of
flee and locked il up with the keys OBJ
tained from Mr.. King. King told me
that there were three keys, of which he
had one, Maxwell one, and ]. w. Dorr
one. | afterwards asccrtained that Jas.
Maxwell had ono, at first thought OF
| leaving an officer in charge OF
| the office, but afterwards double
locked he door and left. sent the
people home. | said to King to see il
! the back door was closed. He did so,
| and reported that il was barred. saw
! King twice at that time and again at
hall past eleven o'clock. The second
time he was little excited. had sent
for kew in Kings possession by an OIL
! ficer The officer conveyed the impress
sion that King vas under arrest, which
was not the case. examined the safe
| that night. Found the journal, register
and cash book in it. King was in the
| office before my arrival, and also all
the time ! was there-from one
half TO threc-Quarters of an hour. Did
not notice that King was doing any
thing unusual There was nothing in
! the conduct 10 excite suspicion. Saw a
handkerchief; asked King to hand it to
me. He King remarked that it was
| Of no account. insisted, and he gave
| il up 10 me. King had the handker-
chief i'm his hand between the leaves OF
a book. The handkerchief found in the
office was shown TO him, which he
identified as the one. Also saw an oil
can setting on the floor, north of the
marble counter King said that the
can was for the use of the lanterns used
/ by the employees. Could not say
whether fuse or slow match had been
used. Saw oil upon the leaves
| Of the book, which had been put
upon them. There was no oil upon the
handkerchief King did not say any
/ thing as to the ownership OF the hand
kerchiei. The books were burned va
riously, some more, some less than
Others. The oil had evidently been
I poured upon tlle DOOhs dlleI lney nhu
been stood up. Upon Kings second
return, | took him into the back room
of the office; told him that | was sur
priscd that Maxwell had not been pres
pnt at anv time during or after the fire.
King said he had gone TO Maxwe!l's
house and found him in bed; he told
him OF the fire at the office: he did not
assign any reason, nor did he say that
Maxwell had any for his (Maxwelrs)
non-appearance; il was not very disa-
greeable that night.
Joseph Wickham was living around
the hill at the time of the fire, and was
down Twelfth street at 81 80 that even
ing. He saw Maxwell leaning against
the gas office door witness described
the door, not knowing it 20 be the gas
office; spoke TO him in response 20 a
! nod.
Dennis Gilligan next testified that he
had come to the fire with Andrew King.
They had come from Kings house. The
fire was out when we got there. The
books saw were scorched and burned.
| was not working al that time for the