The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-10
GREEN GOES FREE.
The Only Evidence Against Him
Being Holbrook's.
HE CoNFEsSEs HE is A FELoN
The Story Told by the Bountiful Firebug, is
Not Believed by the MagIs-
trate.

Yesterday morning Commissioner Green
mans Office was literally packed with resi-
dents of Bountiful, who came down to at
tend the examination of Joseph H. Green,
who was arrested by Detective Lacon on
Monday night on suspicion of being Emrick
Holbrook's accomplice in causing the IN
cendiary fires which recently devastated
Bountiful.
Green was very nervous when ne was
brought into the room and faced his indig-
nant townsmen.
The complaint, which was sworn to by
Leon Lacoh, charged that on August l, the
defendant unlawfully, maliciously and fell
oniously did set fire to and burn certain
dwelling house and its valuable contents,
situated in Bountiful, Davis county, and
belonging to the Holbrook estate.
To this the defendant entered
A PLEA OF NOT GUILTY
Colonel Lochrie was engaged to defend
Green, while R. w. Young prosecuted, and
he examination was proceeded with.
Emrick A. Holbrook testified am under
arrest for burning my own property at
Bountiful. On the night of July g. l met
Joseph II. Green near Tuttle's corner, at
Bountiful. We talked few minutes, when
he left, saying he was going to bed.
watched HIM and he didn't go home, but
hung around. When / got home Tuttle's
place was on fire. The next night L met
him and accused him of burning Tuttle's
place, and he denied it, On the night of
July Is he met me by appointment and
asked me how much insurance / had on my
place, and l told him. He then offered to
burn my place for $40. | told him had
things in my house which | wouldn't have
burned for twice the insurance. He said
we could hide them in the barn, and on
August IL or Is he fixed place for
them in the barn and we arranged to burn
the house. At that time completed the pay
ment OF $50. On August 30 told him every
thing was ready, and at o'clock on the
morning of August 81 he came to the place,
went in through window and half an
hour later the place was fired and burned.
To MIR. Lochrie-I am a married man.
On the night of the fire slept in the barn
with my brother. 1t is not true that fired
Tuttle's place or my own. l have not made
a confession to that effect l was asleep
when the fire broke cut. My brother went
off to give the alarm, and l got in my work
with an axe. l gave information against
Green because / heard that he was going to
give me away.
To Mr. Young-On the night of July &c,
Green admitted to me that ne fired Tuttles
place. Afterwards he told me he fired the
NdlUe place bO rSlSdSS ululSSll from OelQg
suspected of firing Tuttle's place. He also
admitted that
HE SET FIRE TO SToCKER'S PLACE,
but denied any knowledge of the tithing
yard fire. His reason for firing Tuttle's
place was to remove the building, rs he
claimed the land belonged to him. He said
there was one more place that he wanted to
burn and that was Jim Buffers.
Heber A. Holbrook testitied-The last
witness is my brother. On August /, saw
Mr.. Green come TO our place and have a
conversation with my brother. Then my
brother went into the house and on comm g
out he paid Green some money. On the
night tnat our house was fired, slept in
the Darn with my brother. 1t was believed
that the persons who were causing the
fires wanted to burn barns, and that's why
/ slept out there. When L woke up,
found our house was on fire. Two days
before the fire | was in the house and no
ticed that two rolls of carpet had been put
IN sacks My mother is in Wyoming. On
the lst of June last met Green in Bounti-
ful and remarked that Mr.. futile was
erecting fine barn. Green replied that he
might never use it.
Upon reassembing in the afternoon, EN-
rick Holbrook was recalled and testified
Green told ME that he had burned Tuttle's
place once before, seven or eight years ago
This closed the evidence for the prosecu
tiou, and George Aslett was called by the
defense. He testified that he was at the
Holbrook fire on the night of August 81
and did not see Grean around.
Frank Tuttie testified that on the night
of the Holbrook fire. he called Green out O,
his house.
Mrs. Green, the defendants mother, ties
tified-I have resided at Bountitul foi
twenty years. On the night of the Hol
brook tire my son went to bed early, ant
did not get up until some one came by the
house crying fire" On the night of JULY
"a he was at home as usual think
To Mr.. Young-On the night OF the Hol-
brook fire my son might have gone out OF
the house without my hearing him, but
don't believe he did
j. H Green, the defendant testified
am forty years old, and have resided al
Bountiful for about twenty six years al
the time ofthe Futile fire on July "a, was
at home. On July %. at the time wher
Holbrook says he had CONVEX
sation with me, ] was in Sal,
Lake having a g0od time. | returned
10 Bountiful in the afternoon of July 9th
Holbrock then accused me OF firing the
futile place. L remember going to Hol-
brooks and getting 8, which he owed me
for carpet. he never paid anything tC
fire his place and | had no conversation
with him in regard to setting lire to his
house After the fire, | remember asking
him how much he was insured for. He re-
piled -, 900. i wish TO correct mistake
have made 10 my testimony. was in Salt
Lake on the night of July Bird instead OF
23rd, so that was in Bountiful on July
23rd and oath. ! was home and in bed the
night Of the Holbrook fire. i never knew
that was suspected until two or three
days ago, when some one told me- was
talking too much. All / had been saying
was that the man who caused the fires
OUGHT TO BE LYNcHED,
and that was the way all the people were
talking.
Sheriff Wiley testified am the sheriff
OF Davis county and reside at Bountiful.
have known Green for about twenty wears
I saw him at the Holbrook fire. On th.
night of July oath / saw him lying on the
Sidewalk. He was so drunk he couldn't
walk. / had suspected this young man Of
being concerned in these fires and watched
him closely, but saw nothing suspicious in
his conduct. Holbrook told me the same
story as he testified to this morning. bp-
said he didn't know how Green got into the
house.
This closed the evidence, and Mr.. YOUNG
said he would not ask the court to hold the
defendant, preferring to leave the matter
In the courts discretion. He did this be
cause the only evidence against Green wa.
the evidence of a self-confessed felon. The
nature of the offense was such that i
would hardly be expected that there would
be any strong corroborative evidence.
Colonel Lochrie made a brief argumen
for the defense, and Commissioner Green
man, without going into the evidence
ordered the defendants discharge
In JUDGE ZANE'S COURT.