, 1897-03-16

tlemen comprising the panel. |. \. Ov~
erman, Chas. Zeitz, Fred Elgc, Jacob
schnizler, II. w. Glidden, +. II. Eggles-
Harry Maynard, Herman Hege-
valid, l.. 5. Bartlett, =. J. Gosden. Chas.
Kline and Hugh Nass. Court was nd
jonrned last evening till $3.50 this morn
ing. but il was Is minutes 10 10 when
the jury box was filled by the arrival OF
Mr.. Elge, who explained 10 the court
thar he was sick last night and conse,
quenJly did not rest well till toward
morning, when he oversight himself.
After the arrangement Of a few prclim-
%lnaries. witnesses for both prosecution
and defense were sworn. John w. Con-
nor. Chas. n. Settele. Gro. c. Pittman,
Peter Smart. W. E. Hiskey, Chas. Beach
and Mr.. Orr for the prosecution, and
Mrs. Talbert. Mr.. Matthews and the de,
PENDANTS for the defense. Mrs. Mostler's
brother, who is in the city comforting
his sister during the ordeal to which
she is being subjected, will also testify
for the defense.
In making his opening statement to
the jury County Attorney Jahren said
that The prosecution would endeayOr to
prove as one OF the motives to the arson
jhe fact of the property Of Mrs. Mostler
being insured. This p~recipitated n dis
cussion as to the admissibility of the
prosecutions cndeavor I prove motives
which would in themselves constitute
separate Offense. The court inclined o
the opinion that it was inadmissible. but
would be allowed to go in. with the I'M
derstanding that it should not be to the
prejudice OF the jury in case he evil
dence should be thrown out when
sought to be introduced. Judge Groes-
beck made a very feeling statement for
defense.
The first witness FOR the prosecution
was John w. Connor. who stated that
j.. w. Donnellan was the owner Of the
property in question. The question OF
,he proof OF ownership was objected to
by the defense on the ground that the
records Of the county clerk were the
best evidence on that point. This was
overruled: witness stated by way OF ex-
pianation that he was the trustee NAM
81 IN a certain Iced OF trust and Mrs.
). w. common was the owner OF the note
securing the property. House was oc>
cupied on 9th OF january last by Mrs.
Anna Mostler; defendant paid so much
Tor rent per month, and Miss Hebard OF
me university guaranteed the rent; de-
'ehdant Mostler was not lessee: defend
ant rented house some time in Septem-
per last; when witness saw house on
Jan. 9TH there was evidence OF fire
plaster torn, cellar or kitchen floor bad
~ burned paper d~iscolored, caused by
hre; extent OF damage Sl7. Cross-ex-
ahmed by Judge Groesbeck, witness
stated he was trustee in n trust deed
executed Tor these premises; debt was
past uue II hao never been paid; did
not Know OF MS own knowledge that
university paid half of the rental price
ror building; defendant gave him the
SSo' mouse was insured for $4,000; trnst
deed FOR $500.
The next witness for the state was c
n. Settele. druggist. Was at the fire al
Donnellan residence on morning OF the
'th OF January; was on that occasion
nozzleman for No. 2 hose team: was the
first fireman to reach fire; first discover
ed fre in hallway about twenty feet
.'oni main ''oh' entrance Oh Donneilan
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