The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-09-26
NO PROOF AGAINST M'NALLY.
HIS SUSPICIOUS PRESENCE AT
FIRES CAUSED HIS ARREST.

Dismissed and He Is Released
From CustOdy-Thc Testimony at
the Investigation Before the May
or and RecOrder-The Police Com
mended For Arresting McNaIly on
Account of His Suspicious Actions.
James McNally was released from GUS
tody yesterday, and the charges of arson
against him were dismissed after
lengthy investigation by the mayor and
recorder in police court.
AS has already been intimated in the
Morning News the evidence showed that
there was nothing more than suspicion
against McNally. based on the fact that he
was seen in the neighborhood Of several
recent fires which occurred in the early
morning, both before and after fire alarms
| had been sounded. and that his actions
were regarded as suspicious.
number of witnesses were examined.
| Policeman Neidlinger was the first wit
ness He said that on the morning of the
Hull fire he was walking Bay and River
streets. McNaly was the first person he
saw at the fire He had a general con-
versation with him, but did not recollect
before the apparatus arrived, and no one
was there but Policeman Haar when he
arrived In a few minutes he saw A1cNal-
ly coming up Bay street from the direc-
tion of the city exchange. The alarm had
then hardly ceased striking.
Mr.. J. NJ. Dixon testified that he heard
the alarm ring No and knew it was
his district. He dressed hurriedly to go
down town, but first telephoned the tel
ephone exchange. The operator replied
that she thought the fire was in
the Savannah Grocery Companys build
ing Just then Mr.. Dixon's telephone bell
rang and he received a message from Nc
Naly asking him to tell Mr.. Hull thar
his store was on fire. He found that Mr.
Hull had already gone. Mr.. Dixon said
that on the occasion of each of the two
former fires of Hull & Co. he had received
a message from McNally, asking him to
tell Mr.. Huh that his place was on fire.
When Mr.. Dixon got to the fire he met
McNally, who told him to tell Mr.. Hull
that his brother. Frank, had gotten the
SIS cash out of the cash drawer.
Policeman Harr testified that he turned
in the alarm for the fire. The first man
he saw was Policeman Woods and Watch
man Sweat from under the bluff. A little
before 4 o'clock he saw McNally at Whit
aker and Bay street lane. He asked him
what he was doing out at that time of
night McNally replied that he had been
to Benefits wake and asked the officer
to have a drink, which he declined. This
was thirty-fve or forty minutes before
the alarm struck.
Policeman Downing said that he met Nc
Nally at the Georgia Brewery on Bay
street at 2:40 o'clock He had often seen
| him around town at night. He saw him
again at $40 o'clock at Broughton and
| Drayton streets.
Policeman Woods was on duty on York
| street on the morning of the fire. He
| heard the alarm and started in the direc-
| ton of the fire. Running TO the building
he examined the doors and found them
| all right
Policeman Sandiford stated that some
| time ago a lot of straw caught fire at the
| market dock at o'clock in the morning
! He found McNally near the fire. McNal-
| ly said he was going on a maroon and
| notified the market policeman of the fire.
| This was shortly before Christmas. He
! thought nothing of this at the time, but
/ had only informed the chief since Nc
! Nally's arrest.
James McGouldrick engineer at the
]
| Nally came to his place between l and 2
o'clock the morning of the fire and paid
| him a second visit about o'clock. He
called again between and 5 o'clock be-
fore the alarm sounded Later, witness
said the last visit was about an hour af-
ter the alarm. McNally said the fire was
at A. b. Hun & Co.'S.
Frank McNally. a brother of the pris-
oner, said he was employed at Hull &
| Co.'S as a porter 1t was his work to see
that the building was properly closed at
night. He was positive that everything
was closed and had witnesses to prove
u this He heard the alarm and came down
at once. He met his brother Jim on Bull
street, between Bay and Broughton
| streets. He asked him to go home and get
! his overcoat for him, which he did. He
| did not tell Jim anything about the $15 in
the cash drawer There was only So there
| and he did not get that. McNally thought
the fire originated on the grain floor
Mr.. A. b. Hull said that he had given
strict orders to his employees that all the
cash should be turned in to the cashier
at night. This was the first intimaton he
had that there was any money left in the
| cash drawer that night Mr. Hull said
he held Frank McNally in high regard.
James McNally, he said, was in his en-
| ploy about four years ago. but he had to
| discharge him on account of his triiing
manner.
Flremen j. y Leary, James Brown, Ire
honey and Toshaeh all testified that when
they reached the fire on River street
they found the shutters of the third win
dow of the third story were OPEN a dis
lance OF between thirty-fve and forty
feet from the ground.
Policeman Ungar testified that one
night in December, 1898. about midnight.
while on Jefferson street, near Congress
street, he smelt something burning He
made an investigation, which brought
him 10 Bay street. While going up Bay
he met McNally and a young man named
Hinson. Both young men helped him in
searching for the fire. All three walked
across Bay street and Ungar discovered
the fire in Huh & Peoples grocery.
EX-Polceman Jos, McCoo said that
on the morning of April 9, about / o clock,
while patrolling his division under or
ders to look out for suspicious charac-
tiers, he saw a man at Whitaker street
II and Congress street lane. He called to
him, but received no answer The man
walked off in a brisk trot. and McCool
followed him. He overlook him and
found it was MeNally. The latter asked