Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-31
was fixed mp at p. m. The witness saw

Detective James l.. Hawkins did not
examine the second floor. The witness
opinion was that the fire originated
from around the stove in the Shields
Library room and it must have been
saturated from coal oil scattered around.
Officer Akin testified that O"Toolo
voluntarily told him that he had not
been in the Shields Library room for five
or six months and that he was Just going
in to his doorway at home when the
alarm struck. O'Toolc had been drink
ing.
Officer Gum said Akin and he
arrested O''roole at about $50 a. m.
OToole said to him that the fire started
in the back OF the room.
Detective Hatton got to the fire about
5 o'clock. O'Toole said to him "Look
at me, my eyes and face! l have been
trying to save Martin Mealey's picture"
O'Toole also told the witness that he
was at home when the alarm rang.
Mr.. llilles stated to the court that he
was present in dual capacity, repre-
senting the Shields Library Association
and also Martin O'Toole. The library
association, while it would certainly at
tempt to apprchcnd the incendiary, if
thNiI bp Oict anu puiiioh iiil, itS HiGlii"
bers do not consider that O'Toole is in
any way guilty of the crime charged
against him
Edward +. Kane, plumbing inspec-
spector, was the first witness for the
defence and explained certain plans of
the second floor, The picture of Martin
Mealey, referred to, was hung on the
Market street wall. 1t could be reached
only by going through the end door on
the second floor. Mr.. Kane then de-
scribed the appearance of the floor next
morning. The joists holding up the
ceiling of the second and floor of third
floor had fallen through. The appear
ance of things clearly showed that fire
from the stove had burnt through the
floor and the stove itself dropped
through. There is little or no evidence
of fire on the lower part Of the Shields
Library room. The carpet and floor are
intact. There is no damage from fire
some way up the walls from the floor
upwards. Ali the evidence of fire is
from above. On the floor is the carpet
only singed on the carpet is the plaster
from the third floor ceiling and upon
the top Of that, as the deposit lies on
the second floor, are the cinders and
embers. The witness had no doubt
whatever but that the fire originated on
the third floor. 1t was burnt foot or
SO above the gas jet, but not below.
| O'roole has never been in bad standing
as a member of the Shields Library AS
sociation, unless il may be for back dues,
of which the witness knows nothing.
Architect Il. Il. Rice's testimony was
straightly to the effect that the fire
burne dfrom above downwards. He gave
professional corroboration of what Mr..
Kane had testified lie did not think
the fire started on the second floor. In
closing his testimony Captain Rice drew
the attention of the court to the danger
Gus condition of the heavy iron coping
on the top of the Smith Building at
present.
In reply to Judge Ball, Captain Rice
thought that if the book case had been
saturated with oil it would have been
completely destroyed.
Contractor William b. Austin thought
the fire could not have started anywhere
else but third floor. He had never be.
fore seen fire that did not burn some.
thing. The Shields Library room floor
is not burned.
Building Inspector Dillon had similar
: opinions, based on what he saw of the
wrecked building.
Judge Ball called the witness atten
. ton to the dangerous condition of tho
building. Mr. Dillon has already mott
fled the agent.
Jordan A. Wilson, testified that he
was at the fire Immediately after the
alarm struck. 1t took him less thar
five minutes to get there. The thirC
story rear shutters were afire first.
Calvin |. Swayne said he made an ex
animation and found the condition oI
affairs as stated by other witnesses HI
) examined it thoroughly. He does thu
! insurance repair work for the Farmer!
Mutual. The fire could not have started
on the second story floor.
Bennett Mass saw the flames issuinl
from the top Of the window shutters o
the second floor.
: Contractor Patrick Fahey made al
inspection of the burnt building yester
G day morning. lie agreed with the othe
I witnesses. He thought il was not pos
sible to have started on the second floor
William T. Grubb, contractor, ais
I, made an examination. lie paid par
y ticular attention TO the floor Of tn
: Shields Library ROOM He could see N
a place where the fire had extended to tn
a floor The partition from floor is intac
!, three feet up in some instances.
a Philemma Chandler, building in
I spector thought the fire originated o.
y the third floor. lie couldn't believe
= man who would say that he set it afr
, on the second iluor. 1t was impossible
! Contractor Frank G.. Simpson hel
\,
q John A. McKelycy, financial secretar
. of the Shields Library Association tes
: tilted that Martin O'Toole is membe
!, in good standing.
\ Thomas Frees watchman at the Oper
!, = House saw fire coming from the thir
i, floor and not from the second.
:, James Okeetle, president of til
Shields Library Association arrived q
a a the Smith Building 10 minutes after tn
!, fire had broken out.
;, At 1.30 p. m., court adjourned to 2.3
= p. m.
y At the resumption of the hearing {
testimony in the O'foole arson case i
- the city court Thursday Afternoon
u President O'Keefe of the Shields Librar
~ Association was recalled to reatfirl
!, some points he had given in evidence.
T, John 5. White, driver of the Passer
Il ger Railway Company was the nc,
j witness. He saw smoke coming out {
o the third story windows of the Smit
4 Building and not from the second. Th
# was about 4.40 a. m. The wind We
IN blowing from the northeast.
L Harry Christy heard newsboys holl,
n ing "fire." 1t was some time befol
i. 4.l5 a. IN. lie got up about 5 o'clocl
~ 1t was perhaps five or ten minutes frol