The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-05-29
FRANK lNoERsoLL.s TRIAL.

FRANK INoERsoLL's TRIAL.
The Evidence Against HIN Not Very Con
vincing-His Chances Brighter.
Special Correspondence OF the Standard.
BUTTE, May &.-The evidence for the
prosecution In The case against lngersoll
for arson did not prove as convincing to-
day as had been anticipated. Enough
circumstances were shown TO justify the
suspicious entertained that the prisoner
had something TO do with the firing Of the
Sideboard saloon, but still nobody saw
the act and the case will have to rest on
attendant suspicious circumstances.
Furthermore the prosecution was not per
mitted to put In evidence the chain of
circumstances connecting the defendant
with other fires shortly before. This left
the prosecution on rather weak ground,
as II had to stand solely on the evidence
which connected him with the ~Sileboard
fire. This case is believed to he the
strongest OF the several against lngersoll.
Constable Lytle was recalled thism morn
ing and c-ross-examined. The next wit
ness wal Mrs. Ollie Johnson who, on the
afternoon of the fire, had seen lngersoll
i'm and about the alley of the Sideboard
n that leading by Thibaults restaurant.
He was in company viii Constable Lyle
! c-ross-examined.
Sol Levy, proprietor of the Sideboard
saloon. told Of the fire. He was going out
TO get a bucket Of water when his atten-
ton was attracted by the yelling of some
Cinnamon in the adjoining restaurant.
He turned around and saw the flames
climbing up the side Of the building.
After putting out the fire with assistance,
the witness found a bundle of newspa
pers half burned, evidently used to start
the fire. He had seen Ingersoll in his sa-
loon shortly before the breaking out Of the
fire. The prosecution then offered to
show the defendants suspicious connec-
ton with a long series OF fires before this
time, but the testimony was not allowed
by the court. Mr.. Levy was not cross.
examined.
Louis Thibault's testimony was to the
effect that he had seer the defendant
about his alley and that leading to the
Sideboard during h afternoon at several
times. He was not cross-examined.
The principal witness was May Lind
say. She had known the defendant for a
year. On October Z last she was in room
No. :, upstairs over the Sideboard. II isa
corner room with two windows. She saw
1ngersOll as she was looking O N
of one of the windows. He was coming
out of the Sideboard and she saw him
fumbling in his pockets. He looked
around and saw her and then went into a
place between the water closet and the
Sideboard saloon. She started down
stairs after her kitten, but before reach
ing the foot OF the stairs the alarm of fire
was given.
A. B~ushyearger had been playing cards
with Ingersoll just before the fire broke
out, Constable Lytle and another being in
the party. Several games were played.
Ingersollth then left this party n wcnt out
of the rear door of the saloon. The rest
/ - Ab- .-.A. -- l-
the cry Of fire was heard and they rushed
out to help e~xtinguish IN flames.
Fire Marshal O'Brien told of what he
had found at the fire and said the origin
was undoubtedly incendiary. On cross-ex-
animation Mr.. O'Brien admitted that he
had seen several smoke stacks i'm the
neighborhood of where the fire started,
but declared that the fire was undoubtedly
set. He had, however. considered the
spot a dangerous locality from he point
OF view of a fireman and had often seen
sparks arising from the smoke stacks.
Frank Is. Thomes was examined, but
his testimony was unimportant.
Henry McMurphy, of the Butte Fire
Brigade, also testified relative to the fact
that there was a fire in the ~Sideboard
and would have been n serious confiagra-
ton but for tho speedy extinction Of the
flames.
Sam Trice testified to the conduct OF
h defendant at the Sideboard at the time
the fire broke ont.
The prosecution rested at 1890 O'Clock
this afternoon. Judge Stapleton for the
defense then moved the discharge Of the
prisoner. The jury was dismissed during
the argument OF this point.
After hearing argument the motion was
overruled by the cour and the defense
took exception.
Ingersoll was put on the stand as the
only witness for the defense. He said hs
left the Sideboard saloon about 3.S
o'clock on the afternoon of October Z
He went out for private purposes. He
noticed that there was someone i'm the
closet. He looked around and saw the
shadows of persons i'm the lodging house
He walked up the alley i'm the rear of IN,
gambling house to Clark street and wen
in there m talked with James Taboo
for several minute i'm reference e
some property he had bought from
Talbot. Then he went up to Babcock',
store to see about replacing q hat which
he had purchased there and ruined in !;
recent fire. He then went into Thibault',
saloon and met Lyle there. They hat
several drinks together. He went on
with Lyle n they walked down to III,
} Lizzie block corner when Chief OF Polics
Smith arrested him. When Constabl,
Lyle denied that he Lad been with hin
the last 40 minutes, lngersoll says he iii,
not throw up his hands
The cross-examination was brief. Th'
arguments will be heard tomorrow morn
ing. FL