Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-31
MARTIN O'TOOLE ACQUITTED
Declared Not Guilty of the
Smith Building Fire.
TESTIMONY FOR THE DEFENCE
The Question as to Where the
Fire Originated.
Hearing OF Martin O'Tooie in the City
Court---There is no Evidence to Support
The Charge of Arson in Connection
with the Smith Building Fire.

Smith Building, Friday morning week.
There was long array OF witnesses
present. William S. Hilles appeared
for the defence.
William J. Fisher, agent of the Smith
Building, testified as to facts in connec-
ton with the ownership of the property.
William Mccall, 614t Market street,
adjoining the burnt building, heard the
alarm and saw the reflection of flames
about o'clock.
sergeant Lemuel Marr had his atten-
ton first called to the fact of the fire
about 4.4b a. m. A boy brought the
message to the station. The witness
ran up to the Smith Building along
Market. He saw signs of smoke in
second aud third story windows. The
door was standing open. 81 Went" the
witness added, "two-thirds of the way
up the first flight of stairs and saw re-
Elections of flames in the Shields Library
ransom rear door, | then ran down
itars and got Captain Francis to strike
ihe alarm. | went upstairs again, this
lime a few steps of the second flight
Smoke was so dense / could not see
anything of the third floor. | had to
catch on to the banisters. | went to the
back door of the Shields Library room
and was just getting ready to kick
1t open when this gentleman
Martin O'Toole) came out. Sergeant
Ingram was with me, and as we were
passing something flew through tran
som. | could not say exactly what it
was. II was either lamp or the hub
of wheel. Some glass broke. / could
not say more exactly what the flying
thing was. The object came from the
inside. / did not see it afterwards, and
did not make any examination. When
Mr. O'Toole came out of the room he
had only an umbrella in his hand. He
followed us downstairs. | came down
first, O'Toole next, and Ingram last.
When the door opened out as O'Toole
appeared the flames flashed out from it
across the passageway. | saw no one
else in the building. When we got to
the street O'Toole began talking about a
ladder to reach the third floor, in order
to get a picture. About 90 minutes
afterwards went to the rear, on King
street. To the best of my opinion the
fire arose in the back part of the second
floor, that is in the Shields Library. 1t
was impossible, however, to see up in
third or fourth floors, the smoke was so
great. In the Shields Library room q
gas bracket looked as if il had been bent
back--couldn't say anything about the
stove"
In answer to Mr. Hilles the witness
referred to the location of a stove on the
third floor. 1t is now fallen down on
the Shields Library floor. The plaster
around the gas jet already referred to is
partially broken away There was not
So much smoke on.second floor. 1t began
to be thick at the third floor. | was not
three or four feet from him when first
!, saw O'Toole. The door was closed.
should not suppose il was more than
five or ten minutes between the time
first saw the smoke and when | met
O'Toole. O"Toole stood on the street
arguing with Captain Francis and Inc
about that picture. The shades and
shutters of the Knights of Pythias
rooms may or may not have beer
closed"
In reply TO Mr.. Curtis, the witness
said there was large round piece o.
zinc under the stove in the Knights O
Pythias room. 1t is q small parlol
stove, a selffeeder.
In reply to the court, Sergeant Mar
said that the fire was burning probably
five or 10 minutes before he saw
O'Toole. Sergeant Ingram, who wa
cation was at 4.45 a. m. The witness
saw smoke in the first floor entry. IL,
saw no smoke coming from any direc
tion. At top of first flight somethinl
came flying through the transom. l
fell on the floor. He didn't know
whether il was the transom glass o
~ something that fell through with tn
glass. "l'he first time | saw O'rool
was down in the street when left witt
Sergeant MARI | was going toward
Seventh street when O'roole said to M
"Why the h don't some of you saw
Martin Mealey's picture"
To Mr.. Ililles Sergeant Ingram sal,
that the denser smoke was as he ascendet
to the third floor. On the second h
could easily ascend. He didn't Sc
O'Toole upstairs at all. He was til
only man he saw outside the building
Captain Francis struck the alarm at Al
q. M. As he hurried towards the Smit
Building smoke was coming from tn
second and third floors. Officer Blac
was on Market street between 4.30 an
4.45 a. NJ. He was walking ON the ca
track. Saw no signs of flame or smok
in any portion of the front. He was a
Tenth and Orange when the alarr
struck. He came to the fire with til
Friendship company.
officer Caldwell, colored, was walk
ing behind Officer Black on the Gu
track. If there had been smoke in tn
Smith Building the officer thinks
would have seen it. He remained guarC
ing Selak's cigar store all the morning
Joseph Cash, janitor of third an
fourth floors, was liking fires Thur
day afternoon. He raked down the on
Just over the Shields Library about
o'clock. Was in the rooms again abol
6 and remained until 10 o'clock. Th
grand lodge room, which is on the bac
third floor, was all right then. locke
in, saw everything was right. The DIES
next the stove was not burnt up. Thei
were bank notes in it unburnt III
stove was close to it. The draft ha
been turned off. The stove was not fol
feet from the desk. The witness III
been for 40 years a fireman and a
alarm quickly arouses him. The ladde
could not be put up on account of I'll
telegraph wires. The witness believ'
that If the ladders could have been pl
mp the third and fourth stories woul
have been saved. Mr.. Cash went up I'M
the building between 5 and 9o'cloc
There are some OF the joists betwet
King street and the location of the sto'
dn the grand lodge room that are bur-
a down. The stove had dropped throuG
Y a 80 the second floor beneath. The sto'