The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-01-12
HONORABLY CLEARED.
FRANK TALLopRE ACQUITTED
OF tho Charge of Akron, the Evidence show.
ing no Cause tOsuspeot Hlm-HIS whore.
abouts testified tO-ThS Bart FiTS
sun myutory-ThO ToSilmopH


and drug store OF R. B. Burt on Virginia
utreet, Island, last Sunday morning, took
place before Squire W. q. Davis yeaser-
day, and resulted in the honorable dis
charge Of the accused. The testimony
which seemed To show reason to suspect
him OF completely in the crime was triaing,
while two Of tho States own witnesses
tesliisd that they were with Mr.. Falloure
al ouch time and under such circum-
gtauess Sunday morning as absolutely pre-.
clude tho possibility Of his guilt.
A large crowd attended the hearing.
The prosecution was in the bands OF Prose-
cutibg Attorney Jondan, and MIR. John
o. Pendleton and Col. W. ". Arnett APP
peared for the defense.
MIS-. Elizabeth Burt was the first Wit
uegs called by the State. She 10 the
mother Of Mr.. Burt, and resides over his
drug store on Virginia street, Island She
teatitied that she retired about II O'Clock
Saturday night, and was awakened at an
early hour in the morning. She heard
roar outHide the window near which she
pleepa and looking ont saw bright flash.
She rushed downstairs, calling TO her son
that the house was on fire and found her
son beating the flames with broom. She
cot water and helped put ont the flames.
When she went to her room again she
gsW that II was ten minutes to FIVE o'clock.
When she went downstairs Rhe smelt
decided odor Of oil and turpentine. The
same fluid had been equirted in OF the
door, and hole was bored in the panel
l 4 mi
poured into it. The witness knew. Mr..
Fslleure we'll his place Of business Is the
next house but one to Mr.. Burt'e, and he
owns the house between. She had moth.
ing against Mr.. Falloure; he was in the
same business sc her Ron.
She identified the syringe found by her
son after the fire.
said she cried out fire" when shs ran
down stairs, and her son said, "Ma, work !"
Her voice was not very loud, and nobody
responded; nobody saw the Are go tGr as
chs knew, but herself and ner son. When
she looked at her clock and cav that it
lacked 10 minutes to s, she shouted down
10 her son, "What time Is it?" and he
ANSWERED the sama time. A good deal OF
time was spent on this By the counsel for
The defense, and on the time at which the
syringe was found, etc. When asked how
long Sas spent in extingulahing the flames,
abe said, "a very few minutes. for We
worked for life and death. We knew
murder was intended" She carried the
water from her kitchen upatalrs In dish
pan and another large pan, and made iour
trips.
DR.. Z. O. Myers was the next witness.
he waa ct the drug store about o'clock
Sunday morning, and told about the EVIL
dences o! the FIRE which remained, the
augur hole under the window, the oil at
the door and the traces OF oil in the alley
wny leading into the basement OF Fal.
loure'S drug store. An old measure eat
in the baeement which had trsces OF oil
and turpentine snd some tlrpeDtlne had
been spilled on the floor.
Ga the croEa examination he said Mr.
Fallouro owned building connecting
with Mr. BIrt's house, with only a
partition wall between; and that there
was no lock on the door Of the passage
leading to the Falloure basement; he did
rot reCollect OF having ssen 8 door on
the basement recently. Anybody could
MI. Robert B. Bart, the proprietor Of
the drug ntoro, was next called. He said
he had been Keeping drug store at his
present location since April ], 1887. Up
10 tho middle OF January, 1887, no had
kept drug store in Falloure's buildings
the store Was owned by DR.. Logan. Fal-
lonre asked him 10 remain in the store
after the change Of ownership, but no re-
fused, but gave no reaaoa. FGlloure got
angry, but said little. He described the
building he occupies, and told of the Ere.
He did not know what walked him, but
when he pwoke he heard a rushing noise
and saw bright light. He ruahed out
and pulled the gasoline can away from
the FIRE and began to beat out the flames
with broom. Before the FIRE was entiSe'
" out hs noticed an oily appearance, and
putting his hand on the floor felt the oil.
His mother came oHt iust then, and he
said, "This has been set stre." He bad
hEd no oil about the can, and was always
careful shout the can. BE followed traces
OF oil out the passage way and at tho cor
uer OF the Falloure building, occupied as
a meat store, he found syringe lying on
the stYset. He followed the traces Of oil
down to the Falloure coal house. Officer
McNichols had been there before, and
when he discovered these traces he sent
for Officer LukeDs, who followed the
traces into the basement. Had the gaso'
line can caught ere, his mother could not
have escaped from the house unless taken
out OF o front window. Tho syringe was
shown him by Squire DaViP, aud lo said
he thought there were Byringes like this
ons In tins stock bought by Fslloure, and
some Of them had been marked as this
one was.
The witness went 10 bed about hall
past II Saturday night. He kept a gas
let burning back of the prescription case
and very small blaze in his bed room,
he did not recollect telling anybody that
It was ten minutes OF s; nobody called his
attention to the time. He looked ut the
clock at q quarter before 5, alter tho Ere
was out. He was familiar with the Fall |
loure premiees; anybody who wanted TO |
could get In the cellar. The liquid used,
he believed, was turpentine and crude oil |
mixed. The house the witness occupied
belongs to the Robert Campbell estate
he didn't know whether II was insured. |
His stock Of drugs was, his recollection
was for 81, 100. Falloure owned the pro. |
perry HulOlnlnR W tAo VVLHeF VI SOutu
Clarence Dorsey, a clerk in Burt's drug
store and formerly for Z. B. Burt 4 Co.,
was put on the stand and shown the
syringe. He could not identify 1t, though
the mark on 1t looked like his. The wit
ness left the drug store Saturday night
about 1880 and returned after o o'clock
the next morning. He described the signs
Of the FIRE, etc. Mr. Dorsey gathered up
some Of the oil under the door and around
the premises and put 1t in bottle, which
he now produced.
Charles fisher said he saw Mr.. Fslloure
Sunday morning. He was over in town
Saturday night with Tom Furey and they
went over home early Sunday morning.
They took lunch with them and ate It
in Falloure's drug store. Mr.. Jordan be-
gan TO ask come pretty leading questions,
and warm spst occurred bsEvesn coun.
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