The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-01-21

connected with the firm only five or six
weeks. Some goods had boon added to
tho stock, 81 nco he had joined the com.
pany. 8
THE FlRMsFlNANCIAG CONDITION.
Mr.. Hamburger said that some goods
had been taken out OF tho upper store
to the lower, but only in small quanti-
tics, and only:whon d customer wanted
something that they didn't have in ono,
store, He had mover known OF goods
being taken out OF the store Mt night,
after it had been closed for tho day. He
always closed tho store at night and
took The key home with him, except on
Saturday night, when he gave the key
to Jacobs, so that tho latter could open
the store Sunday morning, put out the
gus jet which was left burning at night,
and 90 back to the store Sunday night
TO light it again. In reply to question
oil Nr. Towards, he answered that tho
firm had, on January IS, $4,000 insur-
ance placed on their stock and that it
had MI been placed bcioro his connec-
ton with the firm. When Mr., liarbur-
ger was asked what interest no had in
the business, the defendants counsel
objected to the question, and Mr.. How
ard then asked what interest Mr.. Jacobs
Ind III tho business. '0nc third," re-
piled Mr.. Hamburger.
On cross examination Mr.. hamburger
testified that he had seen Mr.. Jacobs in
the store. on Saturday about five min
utcs, and that jacobs usually staid at
tho other store, No. 1881 Main street.
Witness was questioned MS to the loca-
ton OF the gas jets the means OF ven
tilating tho store, whether tho store was
heated with natural gas, etc. In speak
ing about the chandeliers the witness
said that one Of them leaked, oven after
it had been screwed in tight. This he
had proven to his satisfaction the very
day OF the hearing by applying match
to tho leak.
On the redirect examination the
witness said that Jacobs had told him
on Monday that the gas was leaking on
Sunday night, and that something
might have happened, had he not come
into the store, Strengthened the chundc-
licr and opened the transom. In this
examination and tho re-cross cxamina-
ton the witness testified that the firm
had two stores, and owed on the stock
in both OF them about $4,000. On Sun
day they had $500 cash with which to
pay their liabilities. This $500 they
had since paid out, the witness said.
They had confessed judgment for 81 800,
but not because they were pressed for
payment, as the first note did not fall
due for some time yet. The publication
in tho newspapers
HAD ALARMED THEIR CHIEF CREDITOR,
Morris Jacobs, and they had transferred
the stock to him, he agreeing to give it
back as soon as they had settled their
debt with him. The gist OF the wit
,ncss's testimony on this point was that
the firm had in both stores stock OF
goods aggregating in value Sll,00O
Hamburger Bros, OF Martins Ferry, had
stock OF goods valued at $500. Being
partners with julius Jacobs in the
Wheeling stores, their Martins Ferry
stock was liable for the payment OF tho
debts of the Wheeling business. Ac-
cording to this statement there was
available about Sl4, 800 worth of goods to
pay the debt OF $4,000. On the stock in
the upper store there was insurance OF
$4,000 On stock in the Martins Ferry
store there was an Insurance OF $4,000
which was placed some time ago when
thevalue OF the stock exceeded that
The firm OF Hamburger Bros. had been
intending to quit the business in Mar
tins Ferry, and had been selling out
the stock without renewing the goods.
Their insurance having expired, they
had reduced tho policies they took out
lately to $4,000.
John Shaughncssy, foreman OF the
chemical engine house, described how
he had been called to 60 to the store
about 10 o'clock Sunday night. Smell
ing gas at the rear door OF the store he
had gone around to the front OF the
store, got on box, looked over the
transom, which was open three or four
inches. He then telcphoned for Chief
Hcaly, who soon afterwards came up.
Climbing over thetransom Shaughnessy
opened the front door, turned out the
light that was burning, and then opened
the back door. The jet alongside the
back door was turned on and leaking
Tho chandelier was also turned on, ana
when Chief Healy went to turn it off
the whole thing turned with him. He
then gave it several turns, tightening
it, and he had to turn it several times
more, as it was still leaking. According
to Shaughnessy's testimony
TILE TRASsoM WAS OPEN
about three inches. Ho 'surgcd" down
on it and opened it level. There was q
good deal OF questioning by the lawyers
OH both sides, tending to show the
height the transom was opened, how
many Jets were turned on, and how
many Chief Hoaly had turned on and
how many Shaughncssy. The latter
said that Jacobs had come around to
the chemical engine house on Monday
and asked him TO open the door for
him, Shaughncssy having bolted the
door from the inside and climbed out
through the transom. On this occasion
Jacobs had told him that he had como
to tho store Sunday night, and had
lighted the gas jet according to custom.
and had not noticed the smell OF gas.
Mr.. sommerville questioned Shaugh-
messy closely on the amount OF gas there
was in the store room, and got him to
say there was not enough gas in the
room to cause an explosion. +.
Chief Ecalys testimony was similar
to Shaurhncssys cNcnot that tho chief