The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-06-21

up, Mr.. fritchey, we'll fetch Mr.. Thomas [
yet. Providence interfered that time. I'M
Myers saloon, some Tine after the FIRE, some |
one remarked that Jim Smith would make a
better coroner than detective, Ieiber said |
~ don't know about thnti Smith says be can
lay his hands on the parties that done the
firing ut Thomas Fritchey was present |
when this occured. Objection having been
made TO certain questions, on cross ex-
animation, the Court was delivering an opinj |
ion when the case was suddenly Terminated |
for the day by the illness Of one Of the jurors.
THURSDAY.
When the session closed on Wednesday the |
Court was giving an opinion regarding wit |
ness rght TO answer or not questions touch |
ing his character. The Court decided that Il |
was optional with the wituess. S. Jack Lidy
in answer to questions by the counsel for the
defence said he declined 10 answer whether
he had been committed to Jail on serious
charge; was in jail from the 18th Of March up
to May 10Th; was in jail from Saturday hfler.
noon until Sunday morning last fall; had been
before n magistrate last March, upon the
charge Of yagrancy, made by Capt. Andrews;
had been living at Marsh's hotel since he got
out Of jail; was taken there by Zeiber, who
has been working up the case for the State;
went TO Marsh's the day after getting out OF
Jail; stayed at jail the first night he was 70.
leased; boarded at Marshs previous to going
70 jail owed Marsh bill; did not go to
Marshs for board until he went with Zeiber;
Leiber saw him several times whilst he was
in jail; wrote Zeiber n note once to come and
see him; sent for him at another time; had
conversations with Zeiber in jail; saw Ieiber
several times after getting ont of Jail; talked
about the trial. saw him last night, again sew.
eral days previous; Zeiber at one interview
told him that the whole Bar was arrayed
against the State; Zeiber went to see him
shortly after he was put in Jail; saw Ieiber
the day he was released. Could not tell
how long he was asleep in Myers restaurant,
alluded TO in the examination on Wednesday.
Stone slept at Andrews room three or four
nights. Saw stone week or two after the
fire in a saloon. Stone was very drunk the
night in February he slept in Andrews room;
Stone was on the floor, Andrews on the bed
and he was on the lounge; didn't know whelh.
er Stone was awake or asleep when he was
talking; asked him what he wanted but Stone
did not answer was not drunk from October
until March continually; was intoxicated often,
but was sober oftener than drunk; sometimes
refused liquor.
The State Attorney asked a question re-
| latiye 10 how and why he went TO board ut
Marsh hotel, which was objected TO by the
defence, whereupon the States Attorney said
he wanted to prove that he the attorney had
met Lidy the day after he got ont Of Jail, and
knowing that he was an Important witness
in this case and was out of employment,
made arrangements to board him at Keene's
hotel. Zeiber was present at the interview
which was at night. After he left, Keene
not being able to keep lidy, Zeiber took him
TO harshs. The Court held that Zeiberwould
be the proper person to examine on these
| points, but allowed several questions, and
Lidy corroborated parts Of the States Attor-
ney' g statement.
The State Attorney here offered in evil
dence two mortgages on Fritcheys property,
to further show that his Fritchey 81 properly
was mortgaged to It's full value. One was for
S2,3s6.2 20 to Mary Il. Smith, and the other
was for Sl2il 20 to Chas. G. Smith.
ID. w. Bennett said he had known Theodore
l.. Fritehey sixteen or eighteen years, VIM.
u. Thomas not so long. He then explained
the scene of the fire. Did not think there
we're cordial relations between Frtchey and
Thomas. Never heard Fritchey say anything
about the fire.
John Haines described the scene Of the Gre
Mrs. John Macintosh was on the stand 1
considerable time, aud testified to the sickness,
of the Thomas family, the occurrences in Tia,
house the night of the fire, and of the fire il
self; as to what kind of night il was; as Il
the wind being from the northeast. whicl
blew in opposite direction from Fritchey'i
house, and as to ill.feeling existing between
Fritchey and Thomas.
Joshua Niekum, colored, testified that ht
saw Fritehey on the night OF the fire, between
IL and o'clock, in the alley in the rear o.
Thomas stable. | heard noise ant
looked behind me towards Thomas, and saw
q man at his gate, the gate was open, il wa
Fritchey. Fritehey asked me what was do
ing there this time Of night, aud asked hin
what he was doing there Imet Fritch
ey next morning between and o. clock goinl
from his house toward the railroad. He askeC
me If ! was the man he saw in the alley las
night. | told him | was, and he said don
say anything to Mr.. Thomas that you saw IN,
there, he might think was doing something
there, as he and are not on good terms.
did not then know Of the fire. Nickum said
that he had pumped well dry for Fritchey
aud an another occasion he helped to fix
pump, TOR which Fritchey had taken all hand
down to saloon and treated them. We ther
went back to Fritehey's house, and he gave
US some good whiskey-as much as the,
wanted. He thought these occurrences were
after the fire, but was not certain.
Cross Examination-Substan stated
what he said in chief examination. Is nov
staying at the Jail. Had talk once with
Zeiber whilst in jail Ton a charge Of theft lsev
eral weeks ago. Nickum was convicted last
week of theft and sentenced TO the House oil
Correction for one year, aud the record wa
read TO the jury.
discrimination in Chief-He had not told
anyone about being in the alley on the night
of the fire until he was put in Jail, then he tolc
some Of the prisoners, who were talking abou
the fire. He said he had no means Of telling
time, alluding to his former testimony as Il
the time Of certain occurrences, and merely
guessed at it. A va
VIM. B. Thomas was recalled by the State
to testify regarding the attempted burning oil
his stable. Objection was made, and the
Court held that as the transactions were diff.
ierent, the testimony could not be admitted.
Israel Zeiber testified that he was town bailiff,
and had lived in Westminster off and on for
about twenty five years; knew both Of fhe
prisoners, and recolected the Thomas FIRE.
Saw Fritchey about 4 o'clock in the evening
Of the day OF the fire, between the residences
of Fritehey and Thomas. Fritchey said, -
"hello, Zeib, we liked to have had fire here
\ last night Zeiber said, II believe so,
have you been in yet?'' Fritehey said, mo,
just heard Of il twenty minutes ago. They
thea walked into Thomas yard, and standing
in view Of the burnt place, Fritchey said,
"Ieib, coal scuttles are dangerous things.
They went on the porch and looked at the
scene Of the FIRE. Zeiher remarked that there
was coal oil there. Fritchey said, chats no
coal oil. That night met Frtchey at Ny.
ers' saloon. Capt. Andrews, Weems, Lon
McElroy and others were there. The fire
was discussed. When he went in Fritchey
said, s'here he [Zeiber] comes now; he Is
under the same opinion 1 am sd-d bosh,
it's az accident. 2 The fire vas talked over
at Myers every night for aweek, and Fritchey
always said il was an accident. Had another
conversation about the ere with Frtchey, and
whilst passing Fritchey's house, said 10 him,
..Frlchey, il would have been bad for you. =
Fritchcy replied, ut wouldn't have hurt me
add bit." The night Of the FIRE was not
very dark, although cloudy and rainy. Wind
was blowing from the east, away from Friich.
ey house. Saw the moon about " clock.
There was . sort Of tramp at Frilehey's
from last fall until this spring Don't know
where he is now. Had seen him 20 into
fritchey's since court has been in session.
Had arrested Stone, being deputized by the
Sheriff. Previous TO the arrest had a CONVEX.
sation with Stone. Asked him whether n
conversation he had with certain party at
Myers occurred between 9 and 10 or 10 and
II o'clock. Stone said be had no such con
versation, Had never heard Of the & re until
l hn totd him haA ..u... 4. -