The morning times., 1896-06-28
JUDGE RESERVED DECISION
Emil West Tried in Police Court on
Charge Of Arson.
Evidence was PuZzling and Contra
dictory, So His Honor VIII
Ponder Over II.

The case OF Emil West, who is charged
with arson, came up before Judge Mills late
yesterday afternoon, and the court reserved
| It's decision. West is charged With having
attempted To fire the store Of Eiseman
Brothers, at Seventh and f streets north
west, on Monday night last
the evidence offered was puzziing and
contradictory, the defendant putting up a
strong ahbi. His lawyers, Messrs Cook
aud Sutherland, were surprised that the
court could not come 10 decision at once.
as they We're sure IL was a case OF mista k en-
identity. While Mr.. Mullowney the prose-
cutting attorney, did not express himself
he evidently believed III the innocence of
West, who had his previous good characte
tuily sustained by the testimony of promi-
nent business men
Fred Rhodes. an employe of the Southern
halfway, who rooIas in tue May building.
on street, directly opposite the store.
was the chief witness He swore on The
stand yesterday that about Q clock be saw
from his window a man cross Seventh
street 10 +, and as he passed the iron
grating over the basement of the store.
ne stopped hurriedly and thrust a small
package between the bars, all the time
looking in an anxious manner up and
down the street.
Rhodes became interested in the mans
actions and watched him closely
Il saw him leave the spot and then re-
trace his steps looking down in the cellar"
said the witness. just then flames shot
up from the basement. and he started off
at rapid run for Sixth street,
Rhodes rushed from his room on the sec.
ond floor and went in pursuit He said
when he reached the pavement he saw a
man disappearing down an alley cutting
through street. He went to Seventh at
a quick walk. to the Avenue, aud across
to the Davidson House
Rhodes then told of meeting Policeman
HELEN, relating the occurrence, and the
officer going TO the house where the man
had disappeared and arresting him on his
identification.
The lawyers crosse xamined him Sc
yerely, but could not shake his testimony.
Mr.. Lewis Eiseman said he and West had
never had any trouble and were friends.
He also stated that it would have been
a difficult matter to set the place on fire
as thick wall separated the basement
where the fire started from the rest Of the
building.
Mr.. Davidson, the proprietor OF the
hotel where the arrest was made, said Wes<
came to collect a bill from him.
Mrs. Mary Diemer was good witness for
the defendant. She was sitting Monday
evening in the side door OF her husbands
saloon on ID street, at the corner of the alley
where West passed through She said he
was walking in a leisurely manner. bowed
to her and took a look in the window of the
saloon Mrs. Diemen swore it was not 8
o'clock
Frank I. Stewart, a printer, said he 81 W
West Monday night cross Seventh street
from his store, directly opposite Eiseman's
and pass down E street. Stewart was roS-
tive he did not stop at the grating, neither
did he act in a suspicious manner.
West took the stand and said he closed
his store at a quarter past eight and went
straight TO the dairy lunch, drank cup of
milk and took the route to Davidson's as
described by Rhodes. The latter was re-
called and created a surprise by asserting
that West did not go in Behrend's and that
Mrs. Deimer was not sitting in the alley
when he followed West.
West resumiDg, said lie and Mr.. Else
man were friendly. and that tie latte:
frequently did him favors.
He often cashes checks for me-" said
West. land was talking to him the night
of tue fire.
did you run down that aIley?'' asked
the judge.
West replied no. and the court asked
Rhodes how fast the man he saw ran.
Col. Cook insisted on Rhodes giving
practical illustration of what be saw,
and made him sprint down the court
room at the gait he swore West was
travelling.
West reiterated his denial of any COM
plicity in the affair. He said ne worked
eight years with Mr.. Joseph Auerbac ch and
three with Franc, and had been in busi-
ness for himself three years. Mr.. Auer-
bach and Mr.. Thomas Clark testified to
the defendants excellent character.
Mr.. Mullowney asked West if the rooms
over his store had not been raided as
a gambling den, and West said no.
Judge Miller then reviewed the testimony
and said it was mass of contradictions.
The lawyers argued tie plausbility OF the
story, and said young Rhodes word should
not be taken in preference to that OF
two men who swore West did not stop
at the grating. The judge debated the
matter at considerable length, and de-
cided to think it over until Monday. The
theory of the defense is that Rhodes. in
his excitement rushing down stairs. sa W
West going down the alley, and regnrd-
ing that as u suspicious circumsta nee, per-
suaded himself he was the man who set
the basement on fire.