The Indianapolis journal., 1891-10-21
THE ETNA'S GRAVE CHARGES
Allegation of Arson in Connection with
the Byram & Sullivan Fire.
Sensational Statement OF Attorneys for the De-
fense-A Complicated Case from Lake
County-White Caps Case Dismissed

A case of great interest not only by
reason of the large amount involved. but
more for the sensational and unusual
features that attend it. is that of Norman
s. Byram, Trustee, against the Etna In
suraEce Company, demanding 5000, COM
menced yesterday morning In the federal
court The salient features of the case are
already familiar to the public. The dry
goods stock of Byram & Sullivan, on WASH
ington street. was destroyed by fire.
Sunday evening, March !. The stock
was completely Quilted. there not
being dollars worth Of salvage. Soon
after the fire the air was filled with ugly
rumors. but they were so vague and rested
papers fought shy of them. The insurance
companies refused to settle, and suit was
brought by n, S. Byram. who had by this
time taken charge as trustee. In the ans
wer filed by the insurance companies to
Byram's complaint the rumors set afloat.
soon after the fire. were reduced to tangi-
bic form and substance. The answer was
that the insurance companies were not
liable for the reason that the stock had
been tired for the purpose OF defraudlng
of the policies. 1t was further alleged IN
the answer that the amount of the insur-
ance was far in excess OF the amount OF
the loss With the issues thus Joined, the
case against the Etna went to trial yester-
day morning. The same points are involved
in the cases against the eight or ten other
companies, aud it is we'll understood on
both sides that as this case goes so
60 all the others. With sucn Q
stake In money and reputation to
<nr
that the case will be fought with unusual
spirit, earnestness and determination. The
time until IL O'Clock was consumed In I'M
paneling q jury. The twelve men come
dianapolis They are Henry Tinkle, George
Tincher, Lemuel Shortridge, Henry Shire
man. John n. Shannon. Cyrus Ratliff, John
O'Neill Robert r. Million, Charles MallOy,
Jacob McAtee. w. II. Kelley and Samuel N.
Good.
The Jury being sworn, attorney George
Stubs proceeded to make the statement
for the plaintiff. He characterized the
charge of arson made against MIR. Sullivan
base and cruel one, without warrant
OF the fire. he proceeded to state,
the store. Up to noon, also, Mr.. Sullivan
and one OF the Byram sons were there;
but after dinner. 1t was alleged, Mr.
Sullivan drove TO the Pugh farm, eight
miles in the country: that is was supper
time when he reached home. and it was
while Mr.. Sullivan was at supper that the
fire broke ont. In attempting to account
for the tire, blr. Stubbs said 1t was sup
posed that q plank, carried by the paper
hangers, had struck pipe running across
the floor from the heater, and Jared it open.
thus starting the fire. which must have
smoidered all afternoon.
half of the Etna, made by at
figures of Byram 81 Sullivan. he said,
showed the loss TO have been little over
S4S, 900, with an insurance OF $4,000. The
stock. he declared. was a ragged acoumula-
tion OF nine years. part of 1t having been
through n previous fire and the balance
through an assignment sale. The real loss.
it was asserted. was less than $4,000. al
though Mr.. Sullivan swore 1t was over
S4SOO0. Continuing. Mr.. Smith said the
defense would prove that Sullivan either
set the building on fire or caused it to be
get On fire. The reason was that the bus-
ness was being conducted at q loss, and to
burn it up this tag-end of accumula-
tions could be disposed of at q hand
some profit. Mr.. Smith said further
that the defense would prove that Sullivan
was in the store between and q p. NJ. on
the day of the tire; that they would pro-
duce witnesses who saw him 90 in and
others who sew him come cut between
those hours; that fireman would testify
that Sullivan told him he had been in the
store within an h0ur of the blaze. It would
also be proven, said Mr.. Smith, that the
fire broke out In the basement and on the
second and third floors about the
same time. The examination of
witnesses commenced shortly before
noon. was resumed after dinner and con-
tinued until o'clock last evening. None
of the testimony thus far adduced has any
bearing on the charge of incendiarism. g.
+. Sayles the first witness examined. testi.
fed as To the amount of insurance placed
on the stock. The other witnesses were
employees of Byram d Sullivan, who testi-
fled as TO the quantity and quality of the
stock and what was shown by the last in
voice. Tho defense objected to the intro
duction of the books but the objection
was overruled by Judge Woods. VINO ruled,
in substance. that in this class OF cases
books kept by merchants IL the regular
course of business were necessarily ad-
missible: that it would be denial of
Justice to refuse them; that courts must
recognize well-known business methods,
otherwise such cases as the pending one
would be impossible of proof in court.
The policy of the defense in its cross-ex.
animation was TO show the value of the
stock TO have been away below what il
was insured for. The evidence OF the
plaintiffs witnesses showed the invoice of
March to have been $4,000 in round num-
bers and the sales from that time until the
fire s4,0S6. The case will be continued to-
day. The attendance of spectators was
unusually large yesterday In anticipation
OF the development Of OfsensatiOnal testimony.