Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-04-09
1TbreIin9 8rsistfr
EAI0NTS HEARING BEGUN
Before Justice Fitzpatrick in the
Criminal Court Room.
Several Witnesses were Examined
but No Sensational Evidence was
Given-The Facts Of the Fire and
the Insurance Established-The
Hearing Adjourned Until This
Morning at Nine O'Clock.

The preliminary hearing Of VIM
Eaton. charged with setting fire to the
stock of goods in the building No. 1902
Main street. for the purpose Of collect
ing insurance upon same. was COM
| menced Yesterday afternoon before
Justice Fitzpatrick. There are so
many persons interested in the case
I that the Justice decided TO conduct the
hearing in the Criminal Court room
! II was set for two o'clock, but there was
delay of more than an hour before
| the first witness was called.
Ii is evident that the defense will
make a strong fight Only four wit
nesses were examined yesterday after
noon. and considerable time was wasted
IN wrangling over objections to the in
PRODUCTION of certain testimony by the
| State. The witnesses who were exam
! med gave no testimony of sensational
character. but ii is expected that the
| State will make a strong case to-day.
| The further hearing of evidence will
! commence at nine o'clock this morn
ing.
There was considerable delay yes
| terday caused nv searching for a stem
| ographer. Mr. Lou Walters was secur-
cd. Then there was a further delay.
and it was past three o'clock when the
hearing commenced. The State was
represented by J. B. Sommerville and
Frank ". Nesbitt. Attorney 2. II.
Hnles. CT Chicago. and s. o. Boyce. ap-
peared for the defendant. The wit
| nesses were separated
VIM. D. Johnson was first called. He
testified that Eaton csme into his store
in the early part Of February, and rent
ed the room NJ No. 1902 Main street,
belonging TO the esta-e Of Alex. Turner
! deceased. The lease was introduced in
evidence. Witness testified further
that Eaton stated lat he represented
q man named Smith and wanted to use
the building for storing wrapping paper
| and grOcers supDlies Eaton took pos
session about February 18th. He put
! in a mixed stock. consisting Of flv paper.
times trimmings. fishing material
! small harware. etc He had q half
! dozen conversations with Eaton. Goods
arrived for q week or ten days. The
| fire destroyed the stock and injured
the huilding slightly Witness talked
| 70 defendant on the dav following the
! fire. early in the morning. They went
down 10 the store room and looked az
the stock. Eaton remarked: NV in
/ surance does not cover my loss here.
On DISCRIMINATION. Mr.. Johnson
stated that he had never seen fly paDer
prepared in such form as that in Eaton's
stock. He saw no goods shipped out Of
the building.
Fire Marshal Charles Klievis was
called He described the fire on the
morning Of the 95th. r was on the
second floor of the building. about in
| the centre of the floor. There was no
fire on the first floor. On the third
floor the blaze had worked its way
throueh an opening. There was no
merchandise on the ton floor. In his
judgment the fire originated in the
goods. The bulk 81 the stock was hy
dishes. There was also campaign
canes. fishing tackle, and timers trim
mings. The fv paper was packed in
crates about . feet by 10 inches in size.
Witness also found a tier Of empty ship
ping cases in the front Of the building.
and a number at the rear Of the build
ing. These were about three feet
square.
WAS there anything to especially