Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-10-19
ON THE STAND.
Ingersoll Puffs Cigarettes
While Testifying in His
Own Behalf.
Some Convincing Testimony
Given BY a Woman
of the World.

f ShN0AA Dy q w 0lil0ll
of the World.
From Thursdays Daily.
The care taken to keep from the general
public the information that Ingersoil, tie
alleged fire-bug, was to be giy.n a e.imin.
airy hearing yesterday before Judge New.
kirk, in the district court room, did not
prevent a large attendance of deeply in
teresteG auditors-not so large a crowd as
would nave been there had the announce
mentb been made publicly instead OF pri-
vately. The prisoner appeared not dis
turbed in the least. He did not gaze
furtively about him, nor even express any
establishment at the testimony given, nor,
in fact, show much interest in the proceed
ings. Part of the time he buried his
thoughts in the columns OF a newspaper,
and when on the stand he lighted and
smoked q cigarette nonchalantly and told
his story in a straightforward and easy,
although earnest manner. Only once did
he betray any emotion, and that was when
his counsel, Charles O'Donnsll Esq, re-
ferred, in q magnificent burst OF eloquence
and pathos. to the prisoners standing as q
citizen and to his wife and little ones. Then
the accused rested his head on the table
before him and wept.
Throughout the hearing the objections
made by counsel for the defense tended to
delay matters. When Mr.. Booth intro
duced a drawing of the premises surround
ing the Sideboard saloon, Mr.. O'Donnell
objected on the ground that the drawing
was not made by an expert. When a fire.
map was brought from Eltinge's, he OBJ
jected to that because it could not be
shown hat it a correct, and when Mr..
Nichols testii d to the correctness OF the
map, Mr.. O'Donlell objected again because
Mr.. Nichols could not tell from the map
the distance by inches from point to point.
Another cause of delay was the obiec ton
raised to the introduction of circumstan-
tia ! evidence and the arguments on the OBJ
jections: still another was the objections
urged against testimony concerning Inger.
soils whereabouts, actions and words at
the time of previous fires. There were
other objections when witnesses were asked
for opinions as to the origin of fires and
there was what might be called q roar when
Mr.. Booth asked Ingersoll: "How long be-
fore the fire in the Odd Fellows hall were
you in that building?" The question was
withdrawn.
The spectators of the picturesque ex-
animation retained their interest through.
out. and were disappointed when, at The
close, the court decided to take the case
under advisement for twenty-four hours
Their gloom was somewhat dispelled, how
ever, by tine recollection of the merriment
ca lsed by the countless objections raised
by counsel for the defense and by the
sharp exchange OF courtesies by said oun
sci and Mr.. Booth.
The first witness was Captain Lytle,
who as q special officer Swallowed lngersoll
for several weeks prior to the fire at Sol.
Levy's Sideboard saloon. The captains
testimony bore on the p int at issue in
only one essential particular, and that was
that he had seen Ingersoll go into the alley
from viii n the back door of Levy's sa-
loon is reached.
Mrs. Allie johnson and Mrs. L.. P. Smith,
respectively the daughter and the wife Of
the chief Of. police were sworn. Mrs. John
son had seen Ingersol 60 into the alley run.
ming behind Sol. LEWIS premises and Mrs.
Smith had seen him go into the rear door
of the Elite saloon. When he went up the
stairs into the Elite he was very nervous,
witness thought. Neither Of the l. dies was
cross examined.
May Lindsey, a lodger in the house be-
hind Tauy1o oolC00 onl ~, tho So mo Loft
testified that on the day of the fire and be.
fore the alarm wal sounded she saw Inger-
soil standing in the doorway of the nearest
one of the four adjoining outhouses. He
was fumbling in his pockets. Witness was
standing at the window in the second story
and called the attention of another girl
to In~gersoll's presence below. Inger-
soil looked up, saw witness and
disappeared around the enrner OF the out
b use farthest south, the entrance to
which is on the south. In less than five
minutes he came again into her sight, walk
ing hurriedly toward the alley. She had
come down stairs while he was out OF
view. Almost Immediately after he had
gone out by the way Of the alley, witness
heard the alarm OF fire given by the China.
men. She saw no one but the accused in
the neighborhood before the fire, and be-
UW00u II l"O "a AuSCAcol . AOROA oNA0 0hA
the alarm of fire no one came out OF the rear
door of the Sideboard saloon. A lengthy
cross examination resulted in q repe-
tition OF Witnesses story and in the elicit.
ing OF the statement from the witness that
OF her own knowledge she did not know the
cause OF the fire.
, Sol. Levy, proprietor OF the Sideboard,
told OF the discovery Of the bla re between
the nearest clubhouse and a dry goods box
containing a 1O-gallon AN full OF kerosene;
OF the manner of e~xtinguishiDg the blaze
and OF finding between the clubhouse and
the oil box a bundle of papers burned to
ashes. IDgarsoll had been in and out OF
the saloon all day and was nervous. Capt.
Lytle had told him to keep his eye on the
gum" This remark Mr.. Levy interpreted,
much to the amusement If the crowd. as
meaning that he was to watch Ingersoll.
In conclusion the witness admitted that q
man might have gone, unknown to him.
from the saloon to the premises behind.
A. Bushiaeger testified to Ingersolps hav-
ing taken part in q game OF hearts in the
rear OF the saloon and having left the game
hurriedly about fifteen minutes before the
fire, going out the front door OF the saloon.
Witness had helped Mr.. Levy put out the
fire and had seen the burned paper. He
had closely examined the floor OF the mar.
row space between the clubhouse and the
oil box but found no cigar stumps nor
burned matches. On the cross examina-
ton. and despite the objections OF the de-
tense, Mr.. Busbjaeger managed to say that
common sense told him that the fire was
the work OF an ~incendiary.
Chief OF Police) Smith told OF arrestiDg
Ingersoll neal the Lizzie block, Don after
the fire, and hurrying him of to jail and Of
being joined on the way by Officer Murray
and Special Officer Lytle. Not until he
reached the court house steps had he told
the prisoner the cause of arrest. When he
had informed him the prisoner said, why
| VAS with Lytle for 40 minutes" When
the prisoner asked Lytle to confirm the
statement the special officer refused to do
SO. Thereupnn Ingersoll had said: "Well,
that settles it; put me in"
R. w. Oliver and Special Officer Jordan
testifei to having talked with Ingersoll
at the fires in the Stevens hoist and the
Clark barn. In the first case Ingersoll was
said to have remarked that he had ex.
pected the hoisting works to burn. In the
latter case it was shown by the witness for
the prosecution that Ingersoll had helped
throw water on the burning ;.arn. This
closed the evidence for the territory.
When IngersoIl himself was placed upon
the stand by the defense it vas with the
stipulation that the examination should