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

Justice Murray's court convened at
$50 this morning to resume the hearing
in the case of the state against Frank
Mcdonald, charged with arson. The
motion 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 defehse
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: Il 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, too. Defend
ant came into my store in an excited
manner. I do not think l testified yes
terday 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 porth
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. Z,otzbach sworn: Remembered
the fire. Officer Lee was at bell rope
when 1 got there-about two minutes
before me. l opened front doors of en-
slne house, pulled hose cart up to door
! and then rung bell. Don't remember
seeing any of the Mcdonald boys at en-
CINE house.
. Cross-examination: Went to fire with
l.,o:ooI o,,Di,a <ho 1~.o oortc horipu
gore. Left Lee at the bell rope. We
}, rung bell by turns, ten or twelve min.
s 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
g 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
o ter we all got up we looked out. Pranh
4 asked my husband to go to fire.
requested him not to 60. Frank went
out at front door. The bell had no'
stopped ringing when be left the house
III Characterization: There are foul
n rooms and small kitchen in house. I've
h sleeping rooms, sitting room and kitch
en-. A closed door between bedrooms
y No passageway between. Door betwee,
sitting room and kitchen open. Wa
Is not up when Frank retired ut IL o'clock
9, Heard him come in. Did not speak tt
. him when he came in and went to bed
Knew him py his cough. Heard hin
get into bed. He locked the door. DE-
s not believe be got up between time o
going to bed and bell ringing. Saw hin
first when he looked out of bedroom
when bell was ringing. Was not full,
dressed. Had on night shirt and coat
ma collar or necktie. He returned afte,
- the fire. I went down to fire with m,
husband. Frank vent out at front doc
on west side. / saw him as he passet
out and went south to fire.
Adjourned till 100 p. m.
:. Vim. Roach sworn: Live west of cit,
a hall, four blocks. Was in bed when
heard fire alarm. Got up and starte'
81 east on Center street. Came as far a
q Klotzbach's barn; saw q man cominI
from north on Van Fps avenue; passe'
him, but too dark to recognize him.
James Cranney sworn: Remembe
fire; lived in Mr.. Murray's house. Fir
3 at l a. m. I was ia bed when bell rang
is went to east window; saw no fire; wen
O. out to sidewalk and saw smoke. NJ
wife and defendant were in the house
:. Know he was in the house; I called hin
I saw defendant in the house when th
bell rang. He got up, dressed and wen
to fire south on VanEps
: heard first tap Of bell. My wife did nc