The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-01-12

he had knowledge OF II. BE said when
he got home his wife said It was pretty
time TO be coming home; that It was after
hslf.pRst four. There was nothing unu.
susl about Mr.. FRlloure; he was not in.
toxicRted.
Mr.. TlBher was recalled, and said he did
not notice anything wrong with Fallours
when he was in the store; he could not
say he had been drinking.
Lewis Frank, q timer living on the lei.
and, said be went home from town Sunday
morning from $3.50 to 3:45 o'clock. He
cav q man on Virginia street between
Burt's drug store and Penn street who
went into fishers grocery, and came back
and went In between the two brick houses.
he was O short man, had on diCer hat,
gum boots and q light overooat. His
pants he thought were rolled in his boots.
Mr.. F&lloure usually walks little Gtoop-
Hhouldered; this man was straighter.
At the opening Of the afternoon session,
Officer W. B. Lukena, Of the city police
force, was called to the stand and told Of
his Investigations at the scene OF the FIRE
Sunday morning last. He noticed the
augur hole alresdy spoken Of by other
witnessed; Of the oil around the hole; OF
the evidences OF FIRE on the back porch,
and OF the tracea OF oil and turpentine; OF
Mr.. Burts giving him the syringe, which
still contained q little oil and turpentine.
He found Bpots Of oil leading to the Fall
loure cellar, and the same material in the
cellar. a hali.galion measure WAC shown
the witness and identified as one found in
the cellar. When the officer went to ar.
rest Falloure, he asked him where hiss gum
boots were, and he said they were around,
and that be had worn them the day be.
fore. The officer found the boots. In
other respects he corroborated the pre-.
vioCs testimony. -
Officer Robert McNichols followed. He
said he heard OF the FIRE Sunday morning
and shortly before 8 o'clock he went to
Burt's and rang the bell, and Mr.. Burt
came to the door. He and the witness
examined the premises. The witness saw
Charley fisher and Tom Fursy that
morning early going from town toward
the drug store.
With this testimony the State rested
and Mr.. Pendleton moved for the dis
charge Of his client, saying there was not
bit Of testimony to connect Mr.. Falloure
with the fire,
Mr.. Jordan said there were certainly
suspicious circumstances which justified
tho Justice ia holding the prisoner. Mr..
Pendleton reviewed the facts shown by
witnesses az showing that there was no
presumption raised Of the defendants
guilt.
Squire Davis briefly referred to the evil.
denCe, and discharged the prisoner, saying
there was nothing to show that he was in
any way open to suspicion OF guilt.
Mr.. FAlloure's friends, who seemed to be
numerousi In the audience, crowded around
him aud congratulated him heartily on his
acquittal. He was visibiy affected by their
evidences Of sympathy and confidence.
AS the defense examined no witnesses,
Mr.. Falloure had no opportunity to make
his statement on the stand. Alter his dis
charge he therefore made the following
sworn statement:
State Of Vet Hir0fnta, Ohio County TO-tVR;
This 18th day OF January, A, D., 1888,
D. F. Fslloure, who Is to me personally
known, personally appeared before me,
W. Fl. Davis, Justice OF the Peace in
and for the county and State aforesaid,
and made oath that the accusation sgainst
him, iRsued by W. q. Davis, Justice Of the
Peace, in the form OF warrant charging
him with "maliciously and leloneously"
setting fire on the 9Th day Of January,
1888, 10 the night time, to the building
and drug store occupied by Robt. B. Burt,
Ia utterly, absolutely and in every particu-
lar untrue.
Afiiant further Says that bis reason for
making this affidavit Ia the fact that he
was discharged on the evidence OF the
State on the motion OF his counsel, and
hence was not sworn as witness on his
preliminary examination.
And further affiant saith not.
| D. +. FALLouRE,
Subscribed and sworn to before me, on
this 18th day Of January, 1888.
WILLIAM Il. DAVIS,
Justice,