Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-06-17
BOTH DISCHARGED.
TIE HEARING OF FRANK SoUDERS AND
BENZ. WATKINS,
Before Justice Gillsspy, at the Police Court Rooms
Yesterday AftsrnOOn-lhs Evidence for the
State Entirely Insufficient

| ldob w cuuoeudy dleCiHOOh, WIN P
in the Police Court room, at 4 o'clock
yesterday, before Justice Gillespy.
Messrs. Atkinson and Flick, Col. Ar.
nett and John Coniff appeared for the
defense and Prosecuting Attorney How
ard for the State. A large audience
was present during the hearing.
The first witness called for the State
was Mrs. p. B. Zane, who lived in the
principal building destroyed. She was
sitting on the front porch when the hre
broke out. No one of the family was In
the house at the time, but several ladies'
were on the porch with witness, and
one was in the kitchen dressing. she
detailed the discovery OF the hre under
the house by some one who noticed the
smoke and called witness attention 10
it, The fire seemed to have started In
the south end, under the porch, and to-
wards the back, where access could De
had to the space under the porch by any
one. There was a quantity OF wood,
old barrels, etc., under the porch, and
also a quantity Of straw, in two square
bales, which had been placed there that
morning. Witness knew nothing OF the
origin of the fire. She had never seen
the defendants before. There was q
passage-way east Of the house, but no
one had any business there.
Harry Zane, aged ten, was about half-
way between the Penn street gate and
the house when the fire broke out.
He saw smoke coming out from under
| Ia
porch two or three minutes before the
fire, to get some wood to make nre.
There was a man under the porch, by the
straw. He was sitting on q box, win
his head down, and witness could not
see his face. The man had piece OF
stick in one hand. The man did not
look I'D, and witness thought the man
did not hear him. Witness then left to
tell his father about the man, and he
had gotten to the Penn street gate, told
his father, and was half way back when
he saw the smoke. The man had on q
black suit. He did not appear to be
drunk. Witness looked at Souders and
Watkins, and did not think they wero
dressed like the man he saw.
l Mrs. Zane was recalled as to articles
being taken from the house, and identl-
fed two guns, wrapped in cloth, rs
usually standing in the corner OF her
bed room.
Fred Woster knew both the defend
ants. and saw both on the Fair Grounds
before the fire. He saw them together
and separately. He saw the guns that
day In Souders' hands. he threw them
over a stand across from the shooting
gallery, at the Main building, and near
the dancing platform. A woman was
standing there when he threw the guns
IN the stand. Souders came running
down past the dancing platform and
fell over a bench. He got up and threw
the guns over the stand, and then
took of his hat, wiped his forehead,
and walked in the direction OF the race
track and from the fire. Everybody
else was going to the fire. Witness
thought Souders was trying to save the
guns. Witness told Sheriff Franzheim
about the guns, and the Sheriff got
them. 1t was only minute after the
fire broke out when Souders ran along
with the guns. He ran fast, and could
hardly get through the crowd going the
other way. On characterization wit
he saw him with the guns.
Charles Price did not know the de-
feandants, but knew one OF them
by sight Souders. He met him
about l D. m. the day OF the
fire. near the race track. He saw
man answering Souders' description
with two packages which looked ike
two guns. Witness was near the Zane
residence when little girl called his
attention to the smoke OF the IRE. de
looked and saw there was ire, and
started to look for an officer. He saw
Chief McNichol, and was running to-
wards the Captain and from the house,
when he saw the man with the guns,
with his back to witness and the burn
ing house, running away. he did not
see the mans face, but he was dressed
like Souders, and he was going towards
the place where Souders saw him later.
Witness was about the first man at the
fire. he didn't see whether Souders
came down the house steps or
Jumped over the bannisters. When
witness ran back TO the house, there
was a man with long hair standing In
the door Of the Zane house. Witness
ran up the steps and said to the man In
the door: "Go anead; don't be cow
ard; rescue everything you can" Then
other men jumped ahead OF witness, and
he also went in. Some one threw down
a bed, and witness told them not to
throw the furniture, but TO throw
a feather bed. Just then, he
added, a feather bed struck him on the
head and helped him down the stairs.
Witness went in and helped remove
furniture.
Charles Lewis knew Sanders by sight
and saw him make two or three trips out
of the house with articles. 81 saw him
come out with gun; be went into the
ticket office; 1 think he had some bed
clothes first; he went In the ticket of1ce
next the river"
Clarence O. Carroll, aged 12, was at
the upper END OF Machinery Hall when
the FIRE broke out He saw man light
cigar at the south end OF the Zane
porch, toward the front. HE threw
the match on the ground. He was
about a foot and half from the porch.
He walked through the ground and out
the river gate-walking fast. l next
saw him in the patrol wagon. he struck
the match on the heel OF his shoe.
When he threw the match down IL fell
on some dry grass, and olazed up, and
set fire to the porch. When it blszed up
big l stepped back. l did not tell any
one. There were some people on the
porch" Asked TO look at the defend
ants. he said he thought Watkins was