Evening journal., 1892-03-24
ACCUSED OF ARSON,
Martin O'TOOle Arraigned Tor Fir
ing the Saith Building.

Testimony OF the PoIice OmCers who
Found The Big Building On Firo-Ex-
perts On the Stand Swear That The
Flames Could Not Have Started IN the
Second story.
The all absorbing case before Judge
Ball this morning was that OF the State
VS.. Martin O'Toole. accused OF arson in
setting fire to the Smith Building, on
Market street between Sixth and Seventh
streets, last Friday morning The
court room was crowded with witnesses
and spectators. The prosecuting witness
was Police Sergeant Lemuel Mari, who
claims that he found O'Toole coming from
the Shields Library Association rooms
shortly after the FIRE was discovered.
The members of the Shields Library
Association are determined to prevent his
being held for the upper court. as they
believe he Is innocent and claim that,
being q member Of the association he had
a perfect right to be In the rooms at all
hours. They also assert that the fire
originated In the third story and burned
its way down. They are even more anx-
ious because the case is capital one.
The state was represented by lCity
Solicitor Curtis, while William 7. Hilles,
the brilliant young lawyer, was counsel
for the prisoner
Ate. 80 o'clock the prisoner was placed
in the dock. He did not seem to be the
least disturbed and was allowed TO sit.
The following witnesses were called by
the prosecution.
William J. Fisher collect part Of
the rents for Charles A. Sparks, the
owner of the building. He did not live
there.
William j, McOall-'1 live at No. 6l44
Market street. NV house is next to the
burned building. cannot say in which
story the fire originated. No part Of my
house was burned. l did not 60 to the
rear of the building
Sergeant Lemuel Mari was at the
police station when the alarm was
brought by boy. I called Captain
Francis and Sergeant Ingram. and l went
up to the building. There was some
smoke on the FIRST landing
II saw the reflection OF flames
over the transom of the rear door Of the
Shields Library. / went to the pavs.
ment and gave Francls the signal to give
the alarm. Then Sergeant Ingram aud
went back into the building. We could not
get up the second flight Of steps on ac-
count of the dense smoke. Something
was thrown over the Shields Library
transom as we went up. don't know
what it was sThere was a crash Of glass.
As want to kick the door in
it opened and O'Toole walked out. he
went down stairs between US and wanted
to know why the ID some Of you fel.
lows don't save Martin ]. Mealey q
picture / did not see any flames on the
third floor In my opinion the FIRE origi-
mated in the Shields Library rooms"
Sergeant Ingram corroborated Marr's
statement, but did not see o Toole in the
building. He saw him outside and had
somewhat the same conversation with
him
Captain Theodore Francis testified to
springing the alarm at about 4 45 o'clock.
officers George Black and W. n. Cald
vol testified that they had passed the
building about 425 o'clock thst
morning, but did not see any signs
OF FIRE.
Joseph Cash, ianitor Of the third anc
fourth floors testified that everything
was all right when he left the building
about 10 o'clock the night before.
Mrs. Lille Lincoln of No. 6l3 Kinl
street testified that she lived right bach
OF the Smith Building. She saw smok,
and FIRE coming out of the second story
windows Immediately after the ala, n
struck, but not out OF the third story
windows.
Mrs. Kate Elliott lives at No. 20;
King street She also lived at the rear oi
the building. She could only see the
third and fourth floors. No flames wer,
coming from the windows, but she coulC
see the glow from below.
Detective Hawkins was sworn. HI
testified that he had made an examina
tion Of the ruins and believed the fir
originated in the second story.
Officer Eakin testified that he saw
90 roole twice on the morning Of the FIRE
he told the officer that he was on his Wa,
home and just entering the door whel
the alarm struck. He was corroborateC
by Officer Gum who was with him.
Detective Hatton expressed his opinion
that the FIRE started 10 the second story
O'Toole told him he did not have any
thing to say. That was after the arrest
Here the state rested.
HuLKs FOR THE DEFENCE
Mr. Hilles, In opening his case, ex
pressed belief that Judge Ball wouli
dismiss the case. That no evidence T.
suostantiate the charge had beel
produced. He called Edwar,
l.. Kane, Architect E. L. Rice, William
B. Austin, Building Inspector Patricl
Dillon, Jordan A. Wilson, Con
tractor Calvin 1. Swayne, Thoma
Mass, Patrick Fahey, Contractor Grubb
Philenma Chandler. G orge E. Simpson
and Thomas Freize to show that the FIR
originated in the third floor and burne,
down to the second. The contractors wer
unanim ously Of the opinion, as ther
were nc ashes under the plaster that fel
from the ceiling Of the second story
Jamec O'keith, president of tn
Shields Library Association, testi6e
that heprisoner was a member Of tn
association In good standing. Th
secretary corroborated him
The general impression is that th
case will be dismissed.