The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-03-24
FOURTH EDITION
CHARGED WITH ARSON.


with arson, was taken up before Judge
Ball this morning. The State was rep
resented by City Solicitor Curtis, and
the defendant by Vim. S. Hilles.
Nm. j. Fisher was sworn, and testt-
fled that he is the agent ana collects
the rents for part of the Smith build
Ing, which was burned out last Friday
morning. The building was owned by
Charles A. Sparks OF Philadelphia,
Vim. Mccall testified that he owns
and resides in the building No. 6!4n
Market street, next door to tho Smith
building. he was awakened about 5
O'Clock in the morning by the alarm OF
lire, and upon going TO his back door
saw the llames coming out tho rear
windows OF the building. lie thought
that had II not been for tho snow, his
house would have been destroyed.
Sergeant Mari testified that he wasin-
| formed about 4.45 o'clock in the morn
ing that the Smith building was on
fro. He Immediately went to the place
| and saw smoke coming from the win
dows. Upon going about two-thirds
OF the way up the first flight of stairs
he saw flames In one OF the rear
rooms. lie then came down stairs
and signallod to Captain Francis to
sound general alarm. After signal
ing to Captain Francis tho witness
went all the way UP the first Hight OF
stairs, and part way up the second.
| de saw that tho fire was in the rear of
the room of the Shields Library AsSo-
c!atlon on the second floor.
lie was about to kick tho door in
when the accused opened it from the
inside and came out. When he was
going up stairs the second time he was
! accompanied by Sergeant Ingram, and
- h Il i 80.
| Shields Association something was
thrown from the inside through the
| tlansOm.
He did not know what 1t was, but
whom 1t fell OH the floor 1t sounded us
| though 1t was glass, ana broke. When
the witness came down stairs 0'TOole
WIS just ahead Of him. lie was GER
thin that the fire originated In the rear
room on the second floor, from which
the accused came out
The witness was cross.eXamlned at
length by Mr.. Hilles.
| Sergeant Ingram testified that he
was ut police station when word was
brought that the Smith building was
on lire, and lie went out Immediately
after Sergeant MHrr. He went up
stairs with Sergeant Mari and Just AZ
they reached the top of the ilr5t Hight
OF stairs something was thrown
through the transom of a rear room.
lie did not stop to see what 1t was Jas
he wasanSious TO reach the third floor
to SEQ if any property could be saved,
but was unable TO get up on account
of the smoke.
Sergeant Mari came down stairs
ahead OF him, and he did not see
O'Toole come out of the room. When
he CHue down stairs ho met O'Toole
lasN 90. l. I'll II
I"Nhy in the --- don't some of YOU
men save Martin J.lAlealy's plcturrY'
Captain Francis testified that he was
at police station, i'll the chiefs office.
when word was brought that the
Smith building was on fire. He put
on his coat and hurried out to box No.
IL, in front of the City Hall, and
struck an alarm. He had some trouble
In getting his key in the lock, and
Sergeant Mari called to him before he
could get the door open. He then ran
to the lire, ANA helped the Friendship
to take oil their hose, lilo afterwards
saw O"Toole on the street near the
front door.
Officer Black testified that he pass-
ell the Smith building about 49, o.
clock, on his way to the Morning News
office to get II paper.
He did not SEQ any signs OF fire at
that time, and the alarm was not struck
until 40, when he was at Tenth and
Grange streets, reporting from the
booth. lie hurried down 10 the fire,
and helped haul the Friendship hose
up the stairway. Tho fire seemed to
be in the rear Of the building, on The
second floor.
officer Cel dwell, who was with OH,
Ger Black when he passed. the building
corroboratea his testimony.
Joseph Cash testified that he is the
ianilof OF the third and fourth floors
OF the Stuith building. He was in the
building on Thursday afternoon, fix.
ing the tires. lie went back to tho
building after u o'clock in the even
ing, and remained there until the
lodges adjourned, shortly before Il
o'cloee. lie then put out the lights
and after seeing that the fires We're
all secure, went homo.
The desk standing In the room OF
The thlld floor, over the Shields Library
lra0m was badly burned. but not do
5lroyed, and he found tho next day
that come one had broken IL upen and
taken some money from it, lie lire
eoIll not ilave originated from thu
stove IN this room, as il was nearly
out when he locked up the place.
When the glnrln WAS struck al 1. Il
O'Clock the next morning ho was in
brd at his residence No. 5l3 West Fifth
street, and IT. soon as he got dressed,
he wont to the ilre.
The witness has been an active fire.
man Tor ~ Years, and in his opinion
the lilo could have been confined Ia
tn rear room, Oh The second nonr
where ilG had No doubt 1t original ed
had 1t not been fur the electric wires