Evening journal., 1891-03-31
LAST EDITION
HELD FoR ARSON.
Long Hearing Of Robert L. Battsn's Case
In City Court

In City Court.
Last evening at the Municipal Court
Robert L Batten was given preliminary
nearing on the charge of having at
tempted to fire his store and dwellipe
house on the southeast corner of Third
and jackson streets, on March 81. Com
siderable Interest was manifested in the
trial and the court was crowded WI
liam ). Hilles was counsel for the accused
and upon his motion all the witnesses
on both sides were excluded from the
court room
William kyne testified that he lived
IN the building partly occupied as store
by batten- He had not access to the
cellar, as the only way ID could be
reached was from the store door
connected the dining room with the
store On March 21 be was ia the house
alone with his child When the child
slept he crossed over to the notion store
OF McMaekin's on the opposite corner.
and engaged in conversation with Nc
Mackin, They noticed that Batten's
store was slimly stocked While talking
they saw light in the cellar, and
procuring the keys he and Patrick Me
Mackin entered II and found twenty-fye ye
or thirty boxes saturated with coal oil
while all around was strewn large ouanl
titles Of loose paper A candle was
lighted on the floor which. when If
would burn down, would ignite shayinps
around IT,
Patrick McMakin testified that about
y o'clock on the evening OF March 81 he
and hYne went to Second and Jackson
streets end returned home about 10
o'clock. Each went to his own home. but
IN short time Kyne came to him and
said there was light in his cellar. BE
went out, but could not tell whether IT
was light or the reflection from the
street lamp, He had the lamp extin-
guished, but the light in the cellar still
remained After some difficulty kew
was procured and the cellar entered
when IL was found that burning candle
had been placed On the cellar floor and
surrounded by shavings and paper
Around the spot were piled boxes as higb |
as the rafters and all was saturated with |
coal oil.
On cross examination he said the store
was closed at 10 o'clock The Ught in |
the cellar was very faint and ne thought |
that the man who discovered II mnst /
have been looking for 1t. He said On
entering the cellar. That was planned |
for fire.
Street Commissioner Francis NeClos-
key testified that be mad been called upon
by hyne a0d MeMackin on the night in
question and went to the eellaf His
description of the place tailed with that
OF the other witnesses. He believed that an
incendiary had planned it all.
Angus Mcdonald, errand boy for Bat
ten, was examined but he denied that he
had told McMackin that he had left the
store at o'clock without returning on
The evening of March 81. he returned
at y. 10 and stayed until the store was
closed, when be left with Batten.
Lewis P. Buck, insurance agent, testi
he'd that the stock in Batten's store had
been insured for $500 The policy was
taken out on March 2 Three policies
had been taken out within as many DAYS.
me first was made out to Robert L.
batten the secoI to Holmes Batten.
and the third to Robert L. Batten.
officer James I. Scott was examined
ana then the case was continued until 8
o'clock this morning.
This Mornings Session.
This morning the case Of Robert +
3atten, charged with arson, was again
AIKEN up and the whole of the forenoon I
occupied with the examination of wit.
lesses for the defence The most i'm.
'ortaut witness was Thomas B Holmes
Who had been partner with Batten for
bout week, and who afterward Wis
ted his store frequently. He
vas there on the evening Of March 21 for
,ver an hour, and during that time Mr..
3atten did not visit the cellar. The !
Ialue Of the goods in the store on that
ay amounted to $500 When the KEYS !
we're given into their possession Kyne had !
lot given them the keys to the back 5
oor. ,
Sarah ], Batten, the mother of the !
ceused. was examined as was also J
Ialter Batten, his brother, who swore Z
hat the screen window was pushed back !
nus giving the Inference that entrance Z
7as forced through the window. Charles
choolmaster, who made the estimate of
he value of Bstten's goods and put an
Insurance of $500 on them. testified to +
hat fact Angus Mcdonald denied having h
old anyone that he was sent away that i,
light by Batten at o'clock
Mrs. Pyser, George Leslie, William v
ambert, Clarence Mccall, Frank Scanlan, n
'harles l. Stepgle, were also examined 7
The city solicitor contended that a
Though there did not seem TO be sufi- n
lent motive for the accused to perpe- 9
rate the crime, yet the facts pointed to s
Is quit, and he was obliged to ask that
e be held
William 5. Hilles, ridiculed the idea Z
nat there was anything to connect the {,
ccused with the crime except idle &
amor.
After hearing the arguments, Judge
all thought there was sufficient testi y
lony to warrant him in holding the
rlsoner for the upper court Batten was
lerefore required to find bail for 81, 500
} answer the charge. I,
Brown and Postles Reformed for Trial. y
William Postles and George Brown. a
'lored, who had been arrested on Friday n
Claymont by Detective Jones and d