Omaha daily bee., 1896-01-22
FIRST SEN IN THE GRASS
Plaintiffs Seek to Show 1t Was Started by a
Passing Locomotive,
LINE or THE DEFENSE DISCLOSED
Cross-Exnminntion Indicates the
Company VIII Seek to Prove
II Originated I'm the Livery
Stable from n Cigar stub.

FREMONT, Neb., Jan. 21.-(Special)-The
damage case Of Hensall against the Fremont,
Elkhorn G. Missouri Valley Railroad COM
pany is progressing slowly and is being
strongly contested at every point. william
Nuveman. a liveryman at Dodge, was on the
stand nearly all yesterday afternoon. He
testified to seeing the fire very soon after 1t
started. 1t was then burning in some dry
weeds south of a mlllet shed which was
located on the corner of the first block north
of the company's track. He noticed the barn
and millet shed and the fire was then all
south of them and the flames in the burning
grass, which was about four feet high. 1t
spread rapidly to the barn and then to the
hotel on the north, and all through the bust
ness part Of town.
On cross-examlnation he testified that when
he first reached the fire there was no one
else there. That 1t burned very rapidly and
1t was impossible to put it out.
Henry Starmer testified that he was en-
glneer at a flour mill which is situated west
and a little south OF where 1t Is claimed
the fire started. About twenty minutes to
2 on the afternoon Of the day of the fire
he was standing In the doorway of the engine
room and saw an engine doing some switch
Ing in the vicinity of where the fire broke
out, and there were sparks coming from the
smoke stack. About two minutes after, while
again standing in the doorway of the en-
CINE room, he heard the fire bell and look
ing east he saw the blaze south Of the millet
shed. The general direction of the fire was
toward the northeast. The next morning he
noticed the burning nearest to the company's
track, which he said was south of where
the millet shed stood. He located the posi-
ton Of the shed by a stone at one corner
of the building which he had frequently
noticed before. The cross-examination de.
veioped no new material facts.
This afternoon Mrs. Maggie Herten was on
the stand. She testified that she was taking
care Of a sick sister Of hers who lived In
sight of the Nuveman livery barn and the
shed south of It: that she heard the alarm
and looking out of the window saw the fire
south Of the. Nuveman place, substantially as
described by the other witnesses. Mrs. II.
Herten testified substantially the same.
Gus Lodig and Frank Greaser testified
that the westbound train which went through
Dodge about 1870 threw out a good many
sparks and set a fire near the brick yard.
M. Hart testified that he was working or
the track three miles west of Dodge when
the westbound train threw out a note saying
that Dodge was burning up. With the rest
of the section men he got on a hand car and
went back to Dodge as soon as possible
On their way back they stopped at a pace
about two and a half miles west of the
town and put out a fire which was burning
north of the company's right Of way.
Judging from the trend of the cross-exami
nation, the defense will try to show that tn
fire originated in Nuveman's barn or at tn;
millet shed directly south of it.. 1t is re
ported that they have a witness who viii
wear that the fire caught at the liver,
stable from a cigar stub which he threw
AWAY.