The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-03-25


Yesterday afternoons session Of the
Municipal Court convened at 2.45
o'clock, with Judge Ball on the bench.
The case of the State Va. Martin
O'Toole. charged with arson which
was on trial all morning was resumed,
and w. s. Hilles resumed the exami-
nation of witnesses for the defense.
John S. White testified that he Is
driver on the Front street railway. He
left his home at Eighteenth and Mar
ket streets about 40 o'clock, the
morning of the fire, ard reached Sew
enth and Market streets about 435
o'clock. As he passed the Smith build
ing he saw smoke coming ont of the
third story window. There was a man
and boy ahead OF him, and he told the
boy that he had better hurry to police
station and give an alarm. The wit
ness was somewhat late in getting to
his work, and hurried along. He was
at Second and Nalket streets when the
alarm was struck,
Harry Christy testified that he re.
sides at Sixth and Market streets. He
was awakened flum his sleep by the
boys crying fire. After dressing him
self he went out to the fire and saw
the flames coming out of the third
story window.
George Patterson testified that when
he heard the alarm he got up and
Crossed himself. lie went to tie fire
and saw the Phoenix engine in service.
Upon going along Seventh street he
could see the back of tho burning
building and noticed that tho flames
were coming out of the third story
rear windows.
Frank McCloskey testified that he IL
q member of the Shields Library AS
ISOLATION, and one of the committee
appointed to investigate the cause of
tho fire. He said that he had examin-
ed the building and fully concurred in
the testimony given by Mr., Kane. The
upper part of tho Shields Library
room Is badly damaged, but the car
pets are not burned or injured 10y fire.
Edward Il. Kane was called, and cor
roborated some OF the testimony al
ready given. There was glass tran
som over the door of the rear room.
There is now lying on the edge of the
transom the end of one of the ioists
from the upper lloGr. and this lie
thought fell and broke the glass, which
Sergeants Mari md Ingram heard fall
on the floor. wien they were going
up stairs. There was no lamp OF any
kind on the premises.
Mr. Hilles rested with this witness,
and Mr.. Curtis commenced the eNami-
nation OF witnesses in rebuttal
Sergeant Mari was recalled. and tes-
titled that the two joists tho stove
stood upon on the upper iloor ere in.
tact, and that the ioist which is down,
is the space between them distant.
The stove that was on the upper lloor
Is now lying in the room Of the Shields
Library. lie did not think it possible
for the falling ioist to have broke the
glass in the tIaHsom. If IL did. q
piece must have broken oil, as some
thing about the size of wagon hub
came through the glass, and fell on
the lloor
, This closed the testimony on both
sides, and Mr.. llillcs asked if MIR. Cur
tbs intended, after hearing the testi-
mony, to Hsi that the accused be held,
when tho latter replied that was mat
ter which rested with the court
Mr.. Hilles then made brief argu-
ment in which he contended that
IOToole was passing the building
about the time White saw the smoke,
and before the officers were notified.
/ When he saw tho smoke he rushed up
! stairs to try TO save the picture of
, Martin j. Mcaley.
, lie entered the back room with this
intention, but upon being driven back
: by the smoke he came out Just as the
4 officers came up. lie contcnded that
g it was absolutely impossible, under
S the circumstances for anyone to have
set fire to the building from the Shields
/ Library room.
Mir, llillcs spoke in an able and con-
!, yincing manner for about forty min
: utes, and closed by asking that his eli
l cnt be dismissed, and not committed
10 Jail until the middle OF May, ON a
charge Of which lie felt certain he was
not guilty.
Q Tie closing argument was made by
0 City Solicitor Curtis, who claimed
. that the State had produced I'M
impeached testimony to show that
$ when the flames were discovered they
were issuing frcm the rear second
r story windows. These were the men
c who We're first at the fire Willie those
n produced by the defense were not OF
the ground until ut least fifteen min
9 utes after tho flames We're discovered
The great question to be decided is,
: where did tie fire originate? Ii il
originated on tho second floor, IL was
certainly the work OF an inccndiary,
4 nut il ON the third floor it must have
BERN accidental, and the state lad liz
case.
uo commended that 1t WIS not thu
: butt end of Mr.. names ioist hat brol.t
e 1 Tie glass in the tIanaoln. and he was
n at IA loss To account for it. In hi.
: opinion there was sufficient testimony
10 warrant the Court in submitting
!, the case 10 the grand lnry.
WI hen MIR. Curtis closed. Judge Bal
:. reviewed the testimony, and said il
purt:
That while no believed tho testimony
given by Sergeant Mari, it seemed in
r tXplcnhle to him how, when tLt
Mlilding WIS so fIll OF smoke that tlt
officers were unable to get up stairs
The accused or any one else coulC
have remained i'll that room for even
: three minutes without being sulfocat
ed. number of competent builder,
who have examined the building care
;. fully, have given it as their unanimous
Il opinion that the fire originated in the
third story.
The evidence of these men was tt
3 his mind, conclusive, and as the Stat,
had failed To show positively that tin
lire originated in the second story, he
9 would dismiss the case, as lie did moi
. think the testimony sufficient to holG
+ the accused for court.
y The decision was greeted with ap
plause, aid thus ended one OF lin
most interesting and exciting case,
that has been tried in the Municipal
Court for some time.
Fl s-
e lie who stra7 my purse steali
!, trash;n but he who wantonly purloini
!; my Lottle Of Salvation Oil, steals some
s thing that enrches him indeed ant
/ | Ieaycs me fnnkrupt n victim TO arhei