Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-06-18

or saturday dlIeT INC HlS' NithOSS
had a policy drawn from the paper
furnished witness by Eaton. At this
point defense objected that the corpora
ton involved, the Fire Association Of
Philadelphia, wasn't proven, and the
proof of the incorporation of the Com
pany was submitted under the seal OF
the Fire Commissioner and Governor
of PENNSYLVANIA, and under the great
seal of the State. Defense thought 1t
was properly certified, but was not
quite sure, but Col. Arnett was sure
there ought to be a certificate from
the Auditor of West Virginia. This
was overruled, and the examination
was renewed. Witness said he had his
clerk make two policies, one for S1,5OO
in the Fire Association of Phlladel-
mia. and one of like amount on the
Continental of New York. The poll
cies were delivered to defendant at the
Stamm House. Witness passed the Ea-
ton store two or three times every day.
hut was next in the building after the
fire. Witness noticed, day or two
after the policies were delivered, that
most of the goods he had previously
noticed on the first floor had been re-
moved ND stairs, and that there was
dozen or more empty boxes on the first
floor He also noticed a stove. With
these exceptions the room appeared TO
be bare. On the Monday previous to
the fire witness attention was called
to the fact that the second story win
dow openings were blocked up by
boxes piled against them.
Witness was next in the building
about 9 or 10 o'clock on the morning
after the fire. The first floor was va
cant except for debris which had fallen
down from the second floor. except the
stove. 1t was in its usual position,
but had no pipe connecting the stove
and fue. Witness examined the rear
door. 1t had a new night-latch on it.
It could be opened from the outside
with a key. The stairs were on the
south side of the first floor, about mid
way back, with the front of the stairs
towards the front of the store There
was a good deal of rubbish on the
.o;-- b,,+ ,,OtbiDg IN materially i'm
pede progress. ut was not frst-class
walking, but got up" On the second
floor witness said he found a pretty
tough looking place" and described it,
and the condition he found the goods,
some being burned, others partially
and the rest damaged. The goods had
been piled all around the light well,
and in its rear, thence extending out
toward the front At the front boxes
were piled against the windows.
These boxes were empty. There had
been a large quantity of goods piled
at the foot of the stairs leading to the
third floor. and these goods were very
badly burned. more than at any other
point, except at point directly in the
rear of the sky-lght opening on the
second floor Most of the boxes at
the front window were marked IN.
Somehow" and 1.-THE Hub" The
boxes he had originally seen, on the
first floor, when the policy was arrang-
ed for. were marked Eaton and e,
Wheeling"
To the Court witness said the two places
where the fire had evidently been worst,
were about fifteen feet apart.
Juror Bauer asked particularly about
the stairs whether one flight was over the
other or not. and this was answered that
one fight was over the other.
Witness then described minutely how the
goods had been piled up. He said the house
did not appear to be very badly damaged.
Some plastering and a gas pipe had been
knocked down by the fremen. Witness
was shown some photographs of the inter-
Tor OF the building after the fire. and de-
scribed them in detail. Much time was spent
in examining and questioning witness
about these photographs.
The direct examination being continued,
witness said he did not see Eaton from
the Saturday before the fire until the next
Friday or Saturday after the fire. and had
no communication with Eaton in the mean
time. on the morning after the fire Ea-
ton went TO witness office and officially no.
titled witness of the fact of the fire, say
ing he had been in Pittsburg and knew
nothing of the fire until his return Eaton
said the fire was a very serious matter
10 him, as his loss was largely in excess
of the insurance. Eaton asked witness TO
notify the companies, and witness said
that had been done Witness asked Ea
ton if he had bsen in Wheeling the day
before the fire Eaton said he had not,
but had been in Bellaire and Martins Fer
~. A question as to whether Eaton had
maid the insurance premiums was sus-
tanned by the Court. Witness said he had
taken a cline of samples" from the scene
of the fire, and was asked to bring them
10 the court room. when witness caused
a smile by asking If the Court would sup
ply a wheelbar-ow.
The cross examination was very long.
Witness said the boxes in front OF the Sec
ond story window. on Main street. most
assuredly" INSTRUCTED those windows. Col.
Arnett took The series of photographs and
conducted a long series Of questions cal
culated to shake the story told by the pho