The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-17
What THE Defense CLAIMS
Exhaustive Opening Address Made BY
Major Everett Warren.
DETECTIVE M'sWEENEY'S TALE
Defendants Prisoners in Ills Office Ono
Night -CommOnwcalth's Case Closed
ut Attorney Milo J. Wilson
the First Witness for Defense.

At $40 yesterday afternoon the COM
mohwealth's case rested In the Luce
Rateman arson trial. A few witnesses
war. called by the defense for further
cross-eXamination and at 3.25 Major
Everett Warren began the opening ad-
dress to the jury and did not conclude
until 40. He outlined what the de-
fense proposes to prove.
After few Introductory remarks he
read the statute which covers the crime
with which the defendants are charged.
The law has fixed a severe penalty for
arson or an attempt to commit the
same. The punishment is not over a
fine of s.. 900 and Imprisonment at hard
labor and solitary confinement In the
penitentiary not exceeding 10 years.
He asked the jury to give the case their
most thoughtful consideration, know
ing that it means so much to the de-
PENDANTS
He said that the testimony which will
be presented will fully establish the in
nocense of the accused and will explain
away the various circumstances which
the commonwealth has relied upon to
convict. Major Warren related case
which occurred in street car in New
Haven, Conn. when he was student
at Yale college A woman was robbed
VI HtT luchelDopk anu upoIl scai'i
of the passengers being made the purse
was found In the pocket of a prominent
clergyman.
Fortunate circumstances afterward
developed which proved that notori-
Gus pickpocket had taken the woman's
prperty, and when he feared detection
had placed 1T in the clergyman's pocket
unawares but the real truth was not
discovered until after the latter had
been forced to the humiliating task of
procuring bail for his release from GUS
tody.
HAD NOTHING TO DO WITH IT.
He emphasized tina: the jury must be-
lieve beyond reasonable doubt that
the defendants are guilty before they
can be convicted and he said that in the
light of all the circumstances, 1t would
be fully established that Mr. Luce and
Mr.. Iateman had nothing at all to do
with the fire. II was not the purpose
of the defense he said, to deny that
an attempt had been made to burn the
Howley building; neither would they
charge that anybody else did 1t. all
they intended would be to show that
they had no connection with the crime
one way or another.
In the first place, asked Major War
ren, what would |. benefit Mr.. Luce to
destroy the building? He had just built
up profitable business and did not
carry an amount of insurance to in
demnify him for the loss. Mr.. Luce,
with his father. and two or three near
relatives. had bought out the business
of the Scranton Knitting company and
by industry and perseverance had sue
ceeded in building up trade, that was
permanent and profitable. One New
MI 1,nl l.ff .l.arS fnt
the hosiery that the factory could turn
out.
They would also show by the testi-
mony of the girls employed at the fac
tory that it did not quit the day of the
fire until o'clock in the evening.
Then Major Warren spoke Of Mr..
Luce as young man of the best of
character, known and trusted by near
ly every business and professional man
i'm Scranton; associated with his father
in the insurance firm of II. w. Luce q
Son. a firm of a standing second to none
in Lackawanna county.
What would it profit him to destroy
well-pay wing business such az the
Knitting company was doing for the
paltry gain of $2,500 insurance. Promi-
nent men of the city would be brought
in to testify to Mr.. Luce's standing; and
men acquainted with Mr.. Bateman in
Dauphin county. this state, will come
forward and testify to his good repu-
tation also.
DEFENDANTS WHEREABOUTS.
The jury would be thoroughly en-
lightened on what the commonwealth
took great pains to prove They would
not deny that Messrs. Luce and Bate
man had been at the factory the even
ing OF the fire. They admitted that
and would prove they were there taking
rote of what stock was needed for q
busy winter trade. and that after they
left the place Mr.. Luce went to his
office and wrote letters ordering the
material; that Mr.. Bateman went home
early and went to bed. This would be
proved by Mr.. and Mrs. Kringlesmith
with whom he boarded.
Mr.. Luce's whereabouts at the i'm.
portant minutes preceding the fire
would be proved by reputable citizens
Attorney o. b. Partridge was ready tC
swear that Mr.. Luce was in the hall
way of 42l Lackawanna avenue at
o'clock, and after that no was seen al
the postOtiice by A. G. Fuller. They
We're also prepared to admit that Mr.
Luce went into Mayor Bailey's grocery
store q short while before the date OF
the fire and purchased a gallon of kero-
| sene oil. This fluid was necessary fol
the use of those who had to wash ma
chine oil off their hands after work.
When court convened in the morn.
| ing Detective James Ksighron. OF
| Wilkes Barre, who guarded Batemar
| in Barring 4 McSweeney's office on tht
night of Dec IA, 1894. was the first wit
ness. There had been objection made
| t1. IlN- h..fn l,,,r, fn,, l,a Il