The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-08-18
ACCUSED FIRE-BUGS
ESCAPE BY A FLUKE
Commonwealth Representatives We're
Little Light on Law.
FAILED TO ESTABLISH A CASE
No Evidence Was Offered as to Who
Owned the House or Whether or Not
1t Was Insured, All Of Which Was
Fatal to Cause of Commonwealth.

Chief Hickey failed to make out
prima facie case agaist Mrs. A. ].
Thomas and her sons. Fred and Jesse,
charged with setting fire to their house
at 1141 West Court street, Sunday
morning last and Alderman Howe be-
before whom they were arraigned was
forced to discharge them from custody.
although. as he stated, he was not en-
tirely satisfied of their innocence.
There was mass of evidence throw
ing suspicion on the accused but as con-
tended by their attorney, John =. Kelly,
and admitted by the alderman. 1t was
not sufficient to warrant their being
held for court.
What directed suspicion against them
was the finding of quantity of
kindling wood and kerosene soaked
kitchen where the fire broke out. An
other point against them was that
Mrs. Thomas was fully dressed even to
cape and bonnet when the neighbors
arrived on the scene, although the fire
occurred between $50 and 4 o'clock in
the morning. Mr.. Kelly in cross exam
ination brought out the fact that the
Thomases themselves gave the alarm of
fire which brought the neighbors to the
Thomases We're busily engaged in saw
ing their household goods.
NO MOTIVE SHOWN.
The prosecution failed to show any
motive for the crime, not even intro
ducing evidence to show whether or not
there was anS insurance concerned or
whether the house was owned or rent
ed by the Thomases. He also contended
that there was nothing to show that
the Thomases knewanything of the feed
bags or kindlng wood and until they
could be directly connected with them
in some way the presumption was that
they were not aware of their presence
in the kitchen.
Lieutenant Spellman testified that he
arrived on the scene at about o'clock
and found the flames had been pretty
well eXtinguished by the use of gar
den hose in the hands OF some of the
neighbors. He began looking around
for the occupants of the house. but
they avoided him. One young man
whom he accosted said: Don't take
me. I live in the front part of the
house." Later on he succeeded in find
ing Mrs. Thomas and one of her boys
and when questioned concerning the
kerosene and feed bags could not ac-
count for their presence in the kitchen
or tell anything of the origin of the
fire. The son said he went to bed at IL
o'clock and was awakened by the
smoke. There We're about a dozen bags
scattered about the floor and quanti-
ty of kindling wood. In the opinion of
the lieutenant there We're two separate
and distinct fires in the kitchen. one in
the center of the floor and another in a
corner.
SATURATED WITH OIL.
Valentine Birtley, permanent man of
the Liberty Hose company, testified
that the feed bags We're saturated with
kerosene and that a cup half filed
with kerosene was found on table in
the center Of the room. Mrs. Thomas
was fully dressed and had on q cape
and bonnet when the fire company ar
rived. Apparently two fires had been
kindled. one near the stove and another
in the center of the room, which latter
blaze burned its way to a corner of
the room along what seemed to be an
oil-soaked path on the floor. Feed bags.
some Of them almost totally dstroyed
were found scattered about the floor
One which had been touched by the fire
was taken possession of and introduced
in evidence. 1t was thoroughly soaked
with Kerosene oil.
John Van Bergen, a neighbOr, said he
was awakened by his daughter, who
rushed ito his room and said that she
had heard cry of fire and that smoke
was issuing from Thomas house He
hurried out ad saw the Thomas boys
removing trunks from the side door He
with several other neighbors connected
up a number of pieces Of garden hose
and had the flames extinguished before
the arrival of the firemen. He sent his
son to box 72 to give the alarm and
when after a number of minutes had
passed and the alarm had not been
sounded he despatched his two daugh-
ters to the next box, No. 73 from where
the alarm was sent in. 1t was after
wards learned that there was some
thing the matter with box 72, but no evil
dence was introduced to show that it
had been tampered with.
Assistant Chief John Timlin gave tes-
timony as to the finding of the OIL
soaked bags and kindling wood strewn
on the floor. To ID question by Mr.. Kelly
he stated that there was fire in the
kitchen range.
THOMAS WAS RELUCTANT.
Anson Lowry. another neighbor. tes-
titled that the Thomas at first refused
to go through the house and unbolt the
kitchen door to permit them to enter
with the hose. but afterwards reluct-
antly did so. One of the Thomas boys
assisted them in fighting the fire by
throwing a couple Of buckets of water
on the blaze.
When the prosecution at this juno
ture announced that II had no further
evidence to offer Mr.. Kelly said he did
not think 1t necessary to offer any tes-
timony on the part of the defense and
further did not even propose to make
any argument. The prosecution had
failed to make out a case, he said, and
he would ask the alderman to discharge
the accused. The alderman without
much hesitancy dismissed the case,
saying that while he was not wholly
satisfied Of the innocence of the ac-
cused he believed the prosecution had
failed to show prima facie evidence of
A. -