The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-12-21

Justice Murray's Court Occupied with the
Preliminary Hearing Of Frank Nc
Donald, Accused Of Setting Fire
to the Turner Warehouse.

The preliminary hearing OF Frank Nc
Donald on the charge of arson in con-
nection with the burning of the J. E.
Turner butter and egg shipping house'
last September, was up before Justice
Murray this afternoon, States Attorney
Farmer appearing for the prosecution
and G. j. Porter FOR the defense. A
large number we're present to witness
the proceedings.
A. A. Abbott, who worked for J. E.
Turner at the time of the fire, was sworn:
He worked IN the warehouse on the rail
road right-ot way, erected and owned by
Mr.. Turner as a shipping house. Re-
membered the fire, ths latter part of
September. Left the building about 6
o'clock the evening before the fire.
| Heard the fire alarm about twenty min
| utes after l o'clock that night. Worked
in the Gambling room all day previous to
| the fire. Used candle light in work.
All lights put out before he left at 6 p.
N. No stove used in west end of ware
house. North door fastened outside
| with hasp and paddock; other doors
fastened inside; staple on north door
could be easily drawn. Room on west
end totally destroyed by the fire, the
rest of the building partially. The Ice
house on east end still stands. Helped
! clear away the rubbish after the fire
Floor in east part of building not burn
ed. Went down to the tire that night.
Don't remember that l saw defendant
there.
Cross-examination: Mr.. Turner and
other men employed left about 6 p. M,
when l did. Floor in Gambling room was
not destroyed. Storeroom IN west end
entirely destroyed.
F. d. Fits sworn: Does insurance
business. Knew j. E. Turner and place
of business. Testified to Turner's own
ership of building and its burning on
September 81, 1897. j. E Turner took
out the insurance. Insured in the North
British and Mercantile. Company did
not authorize me to offer reward for de-
lection of one setting fire to building.
l did not offer any.
j. \. McGovern sworn: Chief Of
police. Knew the warehouse in ques-
ton. Discovered tire at 1:l5 a. m. Was
in alley back Of express office. Heard a
cry, stepped out on street and discover
ed fire and went direct to engine house,
then went to fire. 4 few present. Fire
appeared under west end; floor was
dropping down. Smoke manly came
out at east window. No fire on outside
of building when | first reached it. Fiji
teen minutes previous to fire | came up
from Lake Park and stopped on corner
OF Egan avenue aud Main street and
heard a person walking up past Tlerney's
blacksmlthshop.
Cross-examination: Whoa | came to
engine house, VIM. Lee and e. NJ. Klotz-
bach we're ringing fire bell. | did not
meet anybody as l vent down to fire.
Went west to Blanche avenue and south
TO the mill. Some tramps around city
at that time; they stopped at the stock
yards.
VIM. Lee sworn: Night watch at
time of fire. First saw fire from corner
at Odd Fellows hall. Went over to it.
Saw a little fire burning shingles west
of cupola, then went to engine house
and rung bell. Saw defendant several
times after discovered fire; at engine
house while l was ringing bell; think he
came from alley east of engine house
He then vent to fire. He had on stiff
hat, white shirt, necktie, coat. Had nc
conversation with him at fire.
Cross-examination: Defendant haC
on dark suit. l gave first alarm wher
at corner of mill; cried a second time
} when came up to engine house. Klotz
bach followed. Got to engine house be.
fore McGoyern. Am the complaining
witness in this case. Have not talked
with defendant about who set the fire.
Recross-examination: l knew the de
PENDANT well before the fire. Question
what business was he engaged in?'
Objected to; objection sustained.
Vic Gregor worm: Have been &C
quainted with defendant for twelve
years. Knew the Turner warehouse
Remember the fire in the latter part O.
September, in night time. l was il
Madison that night. Passed that build
ing about l2:l5 to 1890 that night.
met Frank Mcdonald near that build
ing. He had a can of some kind.
met him at end of sidewalk south O
Tierney's shop, a little south and east O
mill. l Was going east; he war goins
west. The warehouse was southeast O
our point of meeting.
Characterization: It was a star
light night. | did not speak to him.
was coming from Dan Rounds place
going east past Lake Park hotel.
$500