Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-04-10

but he might not have been there dur
ing the day.
! Witness said as matter of fact he
did net know that Eaton registered
himself After half-past six on the
morning of the 26th witness did not see
! Eaton until 1920 that night. Eaton was
| then with witness about fifteen minutes.
/ Witness again saw Eaton about lis
/ the same night Eaton had on the
/ same coat and vest ne wore yesterday.
] but a different pair Of trousers. but wit
! ness later qualified this by saying he
was not positive.
THEODORE ROLLER.
! Theodore Roller was next called for
! the State, but Mr. Weisberg was re-
called by the State for a moment. but
was not questioned Mr.. Boyce, how
/ ever asked witness if his attention
! had been called TO witness in any man
rer, and he said yes. he had been nOti-
/ fed by a detective that Eaton was sus-
/ pected of arson.
Mr. Sommerville-And you also got
a telephone call. Ayes.
Mr.. BOyce-From Wheeling? A
! Yes.
Mr.. Sommerville-About one o'clock
! in the morning? Ayes. I said he
/ had been at the hotel, and supposed he
was in his room; as a matter of fact, I
I did not know; I only supposed he was
there.
Mr.. Rollers evidence was then taken
/ He knew defendant; he came to Office Of
witness in February and took out
policy on stock in the Turner building;
| the application was about p. m. the
| Saturday before the fire. Defense OBJ
/ iected TO the evidence. as being merely
! cumulative, and al argument resulted
/ which ended in witness going ahead
( He said defendant wanted $500 insur-
ance on his stock. and said he had
| 81 500 insurance already on the stock
! Witness saw the stock and placed no
! insurance. Witness cid not write a
| policy because he did not think the
/ value was there.
To Mr.. Boyce. witness said Eaton
wanted the policy right away. Wit
ness said he asked Eaton if next week
! would do for the policy, and Eaton
/ said yes. as he would have more stock
| bv Monday. Eaton said he would call,
/ but he never did.
JOHN PITTER'S EVIDENCE.
Ex-Firemau John Ritter assistant chief,
was called. and said: Il was a fireman
I'm February last. I was AT the fire, but
was off that night. I got there fifteen
minutes after the alarm. do not know
Who got there first. Water was on when
I got there" Witness described the boxes
and such goods as he saw in the building
He examined the photographs taken by
Mr. Brown. and said they correctly rep
resented the situation within the build
ing There was no cross-eXaminauon.
Edgar shamrock was called He re-
membered the fire in question. but not
the date He was across the street. the
day before the fire from the building
where the fire was. all that day. He was
employed at Harper's. He saw Albert
Rice at Harper's that day, between 1880
and p. m. Witness talked TO Rice on
another subject. but Rice began 10 tell
witness of having been warned TO keep
an eye on the building because Of the
heavy insurance and that everything was
not straight. While this conversation was
going on. witness looked at the building
and saw a man just inside the door. either
locking II Just after going in. or unlock
ing II preparatory 10 going out He never
saw the man before. and did not see de-
PENDANT until yesterday. Witness said the
man was partially behind the frames of
the double doors where they came to-
cether. II was a sort Of q side view he
had of the man. Comparing him with the
defendant. L would say the mans face
tl.e.1e.. a
little heavier and little more sandy
To Mr.. Boyce witness said the fire was
on Thursday morning. but he could not
fix the date. He fixed the day because
the river Yves high the Tuesday before
and witness worked with the goods until
midnight. Going home the wind was high.
and he and a friend talked about the
danger of q fire. No fire occurred that
! nicht. but II did occur Thursday morning.
OF might have occurred Friday might
II not? Alt might. but It didn't 1t
occurred Thursday morning.
O.-TIow do you know? Al remem-
Der H.
ContInuing witness said he saw moth
Ing suspicious in seeing the man. and he
would not have thought Of it again had the
fire not occurred.
THE MAN IN THE HOUSE.
Mr.. BENZ. List was next called. He is
the messenger Of the Commercial Bank.
and located the Turner building across the
street from the bank. He fixed the date
Of the fire. and said he was in the bank
the afternoon Of the day before the fire.
He sew a man in the Turner bIilding that
afternoon, about one o'clock or li-tle
later The man came in the back door
and walked behind the stairway. ont OF
sight Of witness. He was out Of sight
three TO five minutes. The man was Of
medium size.
GLOW would YOU say he compared
with the defendant? Al would say he
was about the same size.
Q.-How was he dressed Al could
not say. I had seen a man in the store
before. 7 think he had on dark clothes,
| but am not sure about that.
Mr.. Boyce-Q.-You cannot say who the
man was? A.-No.
Il saw the man walk in the back door
Of the store and walk across the platform
and go out Of sight. He did not shut the
door. or 7 did not see him shut it. but
think the door went shuttle pushed IT, as
far rs can tell am certain that. sitting
at the window Of the bank 7 saw the man
come in the Turner building on the after
noon before the fire. He was in about five
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