The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-06-21
CIRCUIT COURT.
rnIrcurY AND STONE AnsoN cAsr.

FRITcHEY AND STONE Arson CASE.
On Friday afternoon last Joshua Niekum,
colored, under Indictment for stealing meat
from Tobias Oursler, confessed and was sen.
fenced to the House Of Correction for one
year. Bond and Refsnidcr for prisoner;
Henniug for State.
Elisha Massey, eolored, for breaking into u
dwell ling and attempted rape, was tried, and
convicted, but the jury believed him insane
at the time. Sent TO the Almshousc. H|
STATE vs. FRfTcMgY AND STONE. @
IL has been known for some time past that
the last grand jury made two indictments
against Theodore l.. Frilchey and William
Stone Of John, yet no publication had been
made of the fact until last week when several
Baltimore journals published il. The indict-
ments against them are for arson, and the
ofenses were committed on Wednesday night,
January 9th, 1879, and the following account
was published in the ADVOCATE in the issue
of the llth:
IN dabolioal attempt to burn the dwell.
ing OF Mr.. VIM. u. Thomas, on Main street in
this city, was made on "Wednesday night last.
Mr.. Thomas wife and infant child were both
very sick at the time, and Mrs. Bennett and
Mrs. Macintosh were at the house attending
them. During the night they were awake
frequently, and about o'clock aroused Mr..
Thomas and asked h.m &c SO down stairs and
see it everything was all right, as they heard
noise and smelled smoke. Mr.. Thomas
did so; and in looking in the rooms discoy.
cred nothing unusual, but did not look out Of
doors around the yard. lie told the ladies
everything was all right, and retired again.
The young woman employed in the family
always prepares basket Of kindling at night
with which to start the kitchen fire in the
morning, and puts it in the kitchen. On
Wednesday night she left it by the steps on
the back porch, and in going out to get it
Thursday morning discovered n hole about
ten inches square burned in the porch floor
where the basket had been left. A clothes
horse, with clothes on it, just near the hole,
was seorched little, as was also the sde of
the house, and some Of the clothes were
burned. The smell of coal oil was strong,
and scattered around the place of fire were q
large number of matches, some of which had
not burned, owing to the dampness. The
individual or individuals who made the
attempt to fire the house, went prepared with
coal oil and matches, and discovering the
kindling, saturated it with oil, fired il and left
il against the side of the house, believing
that the flames would set fire 10 the building
and their design be accomplished. Rain was
falling Mt the time, and everything was damp
besides, the stone basement extended foot
or eighteen inches above the basket Of kind.
ling, and the flames were not sufficient to
reach the Notwithstanding.
Mr.. Thomas has no open enemies, and is
well regarded generally in this town and couu
ty, and the author Of the wicked act is unsus
pected. Had he succeeded in his attempt to
lire the building, it is more than likely that
Mrs. Thomas and her child, both Of whom
were very sick, would not have survived the
consequent excitement.
About noon on Thursday, Mr.. Thomas dis
covered, on going to his stable, that an at
tempt to burn il had also been made. After
the attempt to fire il some time ago, he had u
wire gauze put on the inside of the windows.
In the window on the alley he found on Thurs
day piece of the DRAoCRAric ADVOCATE, of
December 18th, 1878, partly burned, and u
twig, pulled from pine bush lying up the
alley some twenty yards, with which 1t was
attempted 10 push the paper through the win.
dow Stats. The paper was twisted too tightly
TO burn much, and the window was only char
red little. Had il not been for the wire
gauze, the incendiary would have pushed the
lighted paper through on the straw within,
and the building with its contents, including
a horse, would havebeen destroyed
A reward Of $3.50 was oilered-S250 by the
city authorities, aud $500 by Mr.. Thomas
for the arrest and conviction of the party or
| parties who did the act. The case was worked
up, and tue information obtained laid before
the grand jury. Indictments were made against
| Theodore l.. Fritchey and William Stone OF
John, several weeks ago. The parties were
arrested, Mr.. Fritchey being admitted to bail,
and Stone being committed 10 Jail, in default
of surety.
No case has excited so much interest in
this county for years past. Messrs. Fritehey
and Thomas were partners for number Of
| years in the brokerage business, and are we'll.
known throughout this section. They were
prosperous in their business aud accumulated
considerable property and money. Afier q
dissolution several years ago, an estrange
ment occurred between the parties concern
ing business matters, which existed up to the
time Of the ERE. The residences of Mr..
Fritchey and Mr.. Thomas are within thirty
feet apart, and are built Of brick, Mr., Fritch.
ey' being the larger and more valuable.
There are 81 witnesses for the State and
80 for the defence.
The penalty for arson is death, or impris.
onment in the penitentlary for not less than
five nor more than twenty years, in The dis
cretion Of the Court,
The case was called on Friday afternoon
last, ID. n. Henning representing the State,
and Messrs. Smith, McKelIip, Roberts, Pear.
son and Berry appearing for the prisoners.
There was considerable difficulty in obtaining
jury. Only five Of the regular panel were
accepted, and sixty-one talesmen were sum
moned, in three different lots, and it was not
until Tuesday morning that The jury was COM
pleted, as follows:
James A. Albaugh, Woodbine; John Fair,
~. -.
district; John Hartsock, Union Bridge; VIM.
district; DIR. George S. FouSe, Westminster;
VIM. II. Barnes, Franklin District; John b.
Runkles, Mt. Airy; Thomas G. Brown, Finks-
burg; Levi Myers, Uniontown district; Fran
els J.. Shipley, Morgan Run.
Mr.. Henning opened the case for the State,
and Mr.. Roberts for the prisoners, after which
the testimony was begun.
VIM. b. Thomas was first called, and was
followed by Miss Stonesiier, his hired girl,
his wife, and Mrs. b. W. Bennett, who testi.
fed substantially to the facts contained in the
statement published at the time Of the at.
tempted burning. q. j. Woolery, Col. J. X.
Longwell and Dr.. W. X. Fringer testified to
facts tending TO show illfeeling on the part
Of Mr.. Fritchey against Mr.. Thomas. Alfred
7. Fowler stated that on the night Of the
burning as ne was going Tor physician ior
Jesse Brandenburg, about clock, he pass
ed two men at the Union National Bank, and
recognized, by his voice, one of them as The.
odore l.. Fritehey. The other was taller
man, but did not recognize him. Saw them
again, whilst on another errand Cor physi.
clan, at or near Dcrr's store, about clock.
J. Henry Hoppe was asked il he held any
mortgages on Mr.. Fritchey's property. Oh.
lection was made, whereupon the States At
torney said he desired to show that Fritchey i
property was mortgaged to its full value, and
thai by firing Thomas property be did not
risk anything 4a HIa
WEDNESDAY.
The Court decided to admit Mr. Hopes
evidence.
J. Henry Hoppe said he held a mortgage
on Fritehey's property to the amount Of
1 -, 900; also an Insurance policy on the prop
erty for the same amount. Described the
appearance Of Mr.. Thomas porch AFTER the
! fire.
DIR. J. W. Herring gave an account of a
discussion between Messrs Thomas aud
| Fritchey in the Union National Bank, con.
corning the origin of the fire. Remembers
hearing Fritchey say lyon neednt make such
reflections; il was carelessness on the part Of
the servant, or words to that effect.
Geo. w. Matthewsdeseribe the burnt place
and surroundings. Heard Fritchey say the
hoI. ,rns iust tho siza of a oO.l hnd Ryan