Evening journal., 1894-09-14
SAW HIM LIGHT THE FIRE
Mrs. Fuhr Saw Trusty APP
ply the Match.
he IS HELD FOB THE UPPER COURT

NNn NhN 1AARI aAh3 ZAnN TUX Nhhf /
Argued.
In the Municipal Court this morning,
before Judge Bail the investigation OF |
the charge OF arson against Emory |
Trusty, colored, was held. Arthur w.
S SpruRnce, who was recently admitted to
the bar, pleaded his initial case and won
considerable favorable comment by the
mastery manner in which he handled the
witnesses The case was most import.
ant one, the penalty, in the even of con
vlctiou, being death.
Officer Mclaughlin was the hrBt Wit
ness He stated that about II 30 on
Tuesday night he was going down
Church street, when he met Trusty near
Lord street A moment afterwards he
heard woman cry ire and saw sparks
issuing from the doorway OF No S07
Fifth street He helped extinguish the
flames, which we're In small window
on the side Of the door, and consisted OF
paper and oil cloth, which had been
tackled there 70 fill the place Of ( a broken
pane Mis. Fubr, who lived next door,
informed him that Trusty had lit the
fire aud he arrested the prisoner. The
officer had no difficulty In arouslng the
inmates,
Roxaline Harris, colored, who styles
herself rs Queen Of the Hoodle, told Of
seeing Trusty there early ia the evening.
She was In bed at the time the alarm Of
Hre was given, and seeing the sparks
through the cracks OF her door, she ran
down the alley and saw Trusty running
away Queen Roxy was rather belllger-
ent in her manner Of answering the
counsel an1 many OF her replies caused
considerable amusement Ia the lobby.
Mrs Hannah Fuhr, who lives next
door to the threatened house, saw rrusty
early In the evening aud advised him TO
20 away and If he had any claim on the
woman and her things to get an officer
She recognized Trusty, rs it was bright
moonlight He came four times up TO
IL o'clock, and she was nervous Be-
tween II and l2 o'clock sue saw Trusty
standing right In front Of the door. He
struck match, muttering at the time
II went out and, moving a Yard away,
he struck a second match which he put
into tho window, and ran away the
blazes Followed and she gave an alarm
Her husband, William Fuhr, endorsed
her statement, excepting that he didn't
see the fire started.
Mary Trusty, the prisoners wife, was
called, but Mr. Spruanoe exhibited the
marriage certificate and she was barred
from testifying
The defense called Bert Trusty, a son
Of the prisoner. and Walter f Taylor a
bartender at No S0i Fifth street, to show
that Trusty was drunk on the night In
question.
John Boswell, who lived in tho house,
swore that the door opened right into
living apartments, where a lamp was
burning. His opinion was that there
could be no possibility OF the house
burning down from any such cause. and
this was strengthened by Andrew Muir,
ply. The damage was described as
simple scorching or blistering.
Mr. Spruance argued that in view Of
the evidence there could no charge Of
arson lie. That no sensible person could
expect the building TO be destroyed from
any such an attempt. and argued that by
withdrawal OF the charge and the sub
sttution of lesser charge. TO which he
will plead guilty, would be sufficient
vindication of the law. While
Mr.. Spruance did not acknowledge that
Trusty was the man; he argued that
the man who did IL might have had no
0AIGA 0NtNlN NANNEN w NRNaAn a NANH va
the interior.
Judge Ball thought the question was
one for a jury to decide, and held the
prisoner without bail for the upper
court
The case OF William Polk, charged
with selling liquor without license, was
called Peter l.. Cooper, who appeared
for Polk, moved to quRsh the inform alton
Ne A Il1s1fN
had no po wer to Sign the information
for the attorney eral that the in
formation 8 uncertain and ambiguous,
IN that it does not define the house
further than that IL was u certain
house ia RosendGle Park, on Clayton
st'ses, near Brandywine river, and that
it does not name the liquor or parties to
whom IL Was sold
Judge Ball decided the information was
rot correct in that it did not name
any specified person TO whom be sold the
liquor The city solicitor was granted
permission to withdraw the defective
information and file another, which be
did at once
Mr.. Cooper then argued that the city
! solicitor had no authority or power to
sign an information for the attorney
I kE4EIuls Ab AihlulN4 NAhb hub ElANuAt
/ gave the city solicitor as a deputy only
certain powers, and that this was not
among them The argument is being
continued this afternoon.
John Mclaughlin, charged with
assault on Mary Connor, who resides
across the Market street bridge over the
| Chrlstiana. was arraigned. Mrs Connor
swore that he knocked her down, and
that she foil against a neighbor's wall.
| shaking her dishes from the table.
| William Connors aud Maggie Burton also
swore to the assault having been com
mitted, aud Mclaughlin was fined $40
and costs.
The two charges against Lizzie Moore
for keeping house OF i'll fame and sell
ing liquor without license were eOntin-
ued until Monday to allow the prosecu-
tion TO secure witnesses.
Charles Reed WAS the only drunk
bsgged and he was fined 81 and costs.