The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-15
ARSON Case IS on TRIAL
John 5. Luce and ". G. Bateman Ar.
raigaed Before Judge ARCHIBALD.
TESTIMONY THAT MAS HEARD
Offered on the Part OF the Conmonwsaitf
and Is Of Ciresmstaasial Nature.
prosccu,ion Has Twenty Wit
ucsscs YET TO be Heard.

John 5. Luce ana w. VI. bdteNuah
We're put on trial in court room NO
9 yesterday morning before Judge
Archibald. The charge against them Is
an attempt to commit arson. and the
case Is the one growing out Of the fire
in the Howley building on the corner
Of Penn avenue and Mulberry street
on Monday night. Oct. 22. 1894. Assist
ant District Attorney John NJ. Harris,
Hon. John p. Kelley and Joseph
Olsrien are conducting the case for the
commonwealth and the defendants are
represented by Everett Warren. Attor-
ney A. J. Colborn, jr., Attorney George
5. Horn, Attorney John F. Scragg and
Attorney j. c. Durbin, Of Harrisburg.
The work of selecting a jury was be-
gun at 1880 and II took an hour be-
fore the following twelve were agreed
upon: d. G. Miller. farmer. Covinston;
Clarence Noack. farmer. Madison;
Able Storm. farmer. Covington;
Michael Mullen. laborer. Scranton;
George f. Evans. salesman. Scranton;
James P. Normile. fireman, Scranton;
Christ Camien, contractor. Scranton;
Fred Schuman. salesman. Scranton;
Oscar p. Stoll salesman, Dalton; Will
liam Geary. Carbondale: Isaac Meade,
farmer. Madison: +. N. Swartz, engi-
neer. Madison.
Mr.. Kelley opened the case for the
commonwealth with recital of the
facts and John ]. Howley, who owns
the building. was the first witness
called to the stand. He described 1t as
being a brick. three stories high. with
basement and an attic. He leased the
second and third floors to the Scran-
ton Knitting company in August. 1894.
the negotiations having been with Mr..
Luce. who was general manager Of the
company. Bateman, Mr. Howley knew.
was a foreman in the employ Of the
company, or at least was supposed to
be such. He was not long on the stand
when court adjourned.
JURY CANNOT SEPARATE.
At the noon adjournment the jury
| was placed in charge Of Tipstaffs Ritter
and Tierney, and they will not be al
lowed to separate until the case Is dis
posed of. Arson Is a common law fell
ony, and one of the high grade crimes.
Thomas Norton, the one who first saw
| the fire, was put on the stand In the
afternoon. He was on his way home
from the Crystal Engine house at $50.
| and when he got close to the Howley
building smoke was issuing from the
upper windows. He retraced his steps
to the engine house and prepared with
others who were there to get the engine
out. In his opinion the fire was burn
ing but very short time when he dis
covered it.
| d. ]. Newman. Of the Crystals, was
sworn. After the fire was extinguished
he inspected the upper part Of the build
Ing to make sure that the flames were
not smouldering and he saw that the
gas jets were turned on. He found cot
ton waste stuffed into holes in the floor
Chief Engineer Ferber of the fire de-
partment. was the next witness. He
gave description Of the second and
third floors after the fire was extin-
guished. There wGs a hole in the floor
into which was stuffed cotton waste
the gas jets were open and the gas was
escaping. On the second floor the fire
was burning In the wainscoating on
the Mulberry street side of the building
near the gas meter. and while some of
the tlremen were tearing out the wood
work, some one from behind removed q
large dry goods box from its position on
! the floor about fifteen feet away from
| the side Of the building. Under the box
was hole about eighteen inches by
two feet, and into 1t was packed hear
OF cotton waste saturated with kero.
sene oil. There was another hole COW
cred up with the zinc under the stove
and large heap Of cotton waste was
In this also.
WASTE OFFERED IN EVIDENCE
The chief removed the waste, put II
In bucket and gave it in charge OF
Chief of Police Simpson. The stuff was
exhibited In court and identified. Mr.
O'Brien .hen offered It in evidence.
Harvey r. Long, of the Crystal com.
pany was called after Chief Ferber
He was among the first to arrive at the
fire and was the first to enter the build.
ing. On entering the Mulberry street
door which led to the Knitting factor,
; he found his progress along the stair.
way and the doors leading into thu
second and third floors barred and hat
to force his way in to get at the fire
J Some of the pipemen used an ak to bat
ter in the doors. Mr.. Long described
! the fire and the open gas jets, as wei
; as the holes In the floor filled with OF
saturated cotton waste.
: Engineer j. w. George, Of the Chemi
cal company and Permanent man Thos
Conlon of the Hook and Ladder com
. pany. were on the second and thirt
floors after the fire was out and the,
testified to the condition of the plac,
and the unmistakable evidence of al
| dtteII1pt W DuTIl Tic UullulilS.
A. J. Howley, of the firm Of Howle.
: Bros, was the last witness Of the day
He testified substantially to what wa
already told about the case and sal,
that he went out with Martin Handle,
to Mr.. Luce's house in Green Ridge OF
the last car that night to see hin
. about the occurrence. He came dowl
, with them to the police station and wa
considerably agitated. He denied al
knowledge of the fire and affected to b
! surprised when he heard about It. MI
Howley gave a thorough description o
the stairways and floors of the build
ing SO that the jury could UNDERSTAND
how 1t was laid out. He said 1t
somewhat different now, as the fire ne
, cessitated a remodeling. and the uppe
: floors were used as q factory at tina
time, now the second floor Is used for
Kindergarten school.
THE CASE WILL LAST ALL WEEK
] The case will not 90 to the jury be
! fore the end of the week. There ar
upwards of twenty witnesses yet for tn
, commonwealth, among them being sew
| ~f..