The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-12-22
DISCHARGED.
Justice Murray's Court Occupied with the
Preliminary Hearing Of Frank Nc
Donald, Accused Of Setting Fire
to the Turner Warehouse.

Mcdonald, charged with arson. The
for dismissal made last evening
was fully argued by counsel on both
sides and the matter taken under advise
ment by the court until this morning.
When court was convened, Justice Muir
ray denied the motion for dismissal OF
defendant, and counsel for defense
asked an hours time to get witnesses.
Time granted.
At IL a. NJ, court reconvened.
Jerry Cranney called to the stand:
Testified yesterday that his conversation
with defendant was a joke. Defense
wanted witness to explain his answer to
last question in yesterdays t estimony.
Prosecution objected and a tilt between
counsel ensued. Answer: II did not
intend TO testify that 1t was not a joke"
Cross-examination: Have talked with
Mr.. Porter about this since trial, last
night. J. intended to testify that I
spoke to Mcdonald in Il joking manner.
I thought he was joking, 90. Defend
ant came into my store in an excited
manner. l do not think l testified yes
teraay that defendant was not joking.
j. A. McGovern recalled: Looked at
my watch when l reached First Ma
tional bank corner. 1t was then 1:l5 a.
m. Bell first rung then. Went direct to
engine house. Lee and Klotzbaoh were
there. Latter pulled hose cart out. I
also saw John Mcdonald there. Did
not see defendant at that time.
John Mcdonald sworn: Am a broth
er of defendant. Live two blocks north
of city hall. Heard bell that night, at
home. Dressed as fast as possible and
went to engine house. Klotzbach was
ringing bell when Igot there. Got there
in about five or eight minutes. Helped
pull hose cart down to fire. Did not see
defendant 1T engine house.
Z. NJ. Zlotzbach sworn: Remembered
the fire. Officer Lee was at bell rope
when l got there-about two minutes
before me. l opened front doors of en-
sine house, pulled nose cart up to door
and then rung bell. Don't remember
seeing any of the Mcdonald boys at en-
CINE house.
Cross-examination: W ent to fire with
chemical engine. the hose carts having
gore. Left Lee at the bell rope. We
rung bell by turns, ten or twelve min.
} utes.
Mrs. James Cranney SWORD Am Sis
ter of defendant. Remember fire. Lived
on west side of engine house block
Heard the bell ring. Defendant was IN
bed in bedroom adjoining my husbands
and mine. Don't know time of night
!, My husband, brother and myself only in
) the house. Front door opens west, back
door south. Heard my brother get up
My husband got up first. Frank stayed
with us, He went to bed between II
and IL o'clock-not later than IL. AT
, ter we all got up we looked out. Prank
! asked my husband to go to fire. ]
: requested him not to 60. Frank went
f out at front door. The bell had no
3 stopped ringing when be left the house
> Cross-examination: There are foul
r rooms and small kitchen in house. I've
sleeping rooms, sitting room and kitch
en-. A closed door between bedrooms
No ~passageway between. Door betwee,
: sitting oom and kitchen open. Wa
not up when Frank retired ut IL o'clock
: Heard him come in. Did not speak t
him when he came in and went to bed
Knew him oy his cough. Heard hin
lget into bed. He locked the door. d.
, not believe be got up between time o
going to bed and bell ringing. Saw hin
' first when he looked out of bedroom
l when bell was ringing. Was not full,
dressed. Had on night shirt and coat
ma collar or necktie. He returned afte
: the fire. I vent down to fire with m,
Q husband. Frank went out at front doc
on west side. l saw him as he passe'
out and went south to fire.
Adjourned till 100 p. m.
VIM. Roach sworn: Live west of cit,
hall, four blocks. Was in bed when
heard fire alarm. Got up and starte"
j east on Center street. Came as far a
!, Klotzbach's barn; saw a man comm
K from north Of Van Fps avenue; passe
him, but too dark to recognize him.
James Cranney sworn Remembe
fire; lived in MI. Murray's house. Fir
/ at l q. m. I was in bed when bell rane
went to east window; saw no fire; WEI
out to sidewalk and saw smoke. NJ
wife and defendant we're in the hous
. Know he was in the house; I called hin
saw defendant in the house when th
n bell rang. He got up, dressed and wer
to fire south on VanEps
- heard first tap Of bell. My wife did NJ
go to fire with me. She was ther'
however. I heard defendant com
between 10 and IL O'Clock, nearer l
He next left the house to go to fire, H
Il;l ,,Ot ~ oror IN onninA bonoo Re