The record-union., 1897-11-06
WOODS HELD TO ANSWER.
HE WILL HAVE TO APPEAR ON
THE CHARGE OF ARSON.
Justice Davis Fixed His Bail at
$1,000 in Consideration Of the
Weak Evidence.

The preliminary examination of Jas.
Woods on the charge of arson, was con-
cluded in the Police Court yesterday
morning, and resulted in his being held
to answer before the Superior Court in
81 900 bonds.
Hiram w. Johnson, Woods attorney,
placed John Lowery on the stand. The
latter testified that at the time of the
Ryman fire he lived in the rear of
Woods blacksmith shop. After the
alarm had been turned in he went out
out from behind the shop. The wit
ness and Woods started for the hre,
but the latter went too fast for the Wit
ness, and got there first.
Attorney Johnson questioned the wit
ness regarding the usual sobriety or
drunkenness Of David Walker, but OBJ
jections by the prosecution were suS-
tanned.
On cross examination the witness
said that on the night of the Ryman
blaze he had heard Dave Walker call
to Woods to get up and go to the hre,
and that directly afterwards WOODS
had come from behind the blacksmith
shop. The witness had not seen
Woods on the evening in question prior
to the alarm, but believed he was in
the shop asleep.
AT this point, Mrs Woods, wife of the
accused, who was in court, grew hys-
terical. and emitted shrek after Shrek,
until she was removed from the build
ing, and it was some time before the
eXamina ton could proceed.
Continuing, the witness said he was
not drunk the night of the Ryman fire,
and explained that many Saturday
nights passed when himself, Walker
and Woods had not the wherewithal to
get drunk on.
Chief of the Fire Department, Guth-
rie, was called for the defense, and IN
answer to questions, said it is the duty
of firemen, if a fire breaks out in the
vicinity in which they reside, to go tC
it and assist in quenching the flames
until such time as the firemen OF the
district shall arrive, when the resident
firemen shall Immediately report to the
foreman of his department. Woods
Chief Guthrie said, should have re-
ported to the foreman on Tenth street
between I and j streets, but a question
by the prosecution as to whether he
had done SO was objected to and the
objection was sustained.
w. T. Lower testified to having met
Woods while on his way to the fire,
and the latter told him he was going
to No. 2's station to report. Woods,
the witness said, did not appear to be
intoxicated.
Attorney Johnson declined to put
Woods on the stand and the defense
rested. The City Attorney waived his
right to the opening argument, and At
torney Johnson briefly reviewed the tes-
timony, and conceded, for the sake OF
argument, that David Walkers state
ment was correct. Even with that
concession, he said, there was nothing
whatever, outside of it, to connect
Woods with either the Muir or the Ry-
man fire. Woods was 70 doubt in the
vicinity of the fires after the alarms
We're turned in, and, being a fireman,
he had a right to be.
The only discriminating evidence, At
torney Johnson said, was that given by
Walker, and it, under the circumstances
surrounding the case, was absolutely
principle in law, that a man cannot be
convicted on his confession alone, and
protested that it was neither logical nor
reasonable that a man should be held
to answer for saying in a drunken
freak: III touch Muir's place off next.
The attorney for the people contend
ed that Walkers statement had been
corroborated by half dozen witnesses
and that it had never even been de-
MED by the defendant. He called at
tention to the fact that Walker had
testified that Woods had reiterated the
statement that he would touch Muir s
place off next" three of four times, and
contended that a man often said things
and told the truth, when drunk, wher
he could not be induced to do so when
sober
How do you know that?" queried At
torney Johnson.
'If you want to argue this case, I'll
wait until you get through" retorted
the City Attorney.
II propose to interrupt you when
ever you make statements which are
not facts" returned Mr.. Johnson.
II had expected to be interrupted, -
put in the City Attrney.
"Of course" replied Johnson, 'if you
state facts only there will be no inter
ruption, but as you declined to open
the argument in the case, 1 don't pro-
pose to have you bring up any new
matter, or depart from the facts
There. there! gentlemen" said the
court in his most conciliatory tones, and
the tilt was over, and the City At
torney concluded his summing up by
asking that Woods be held to answer
Justice Davis said that while a strong
case had not been made out against
the defendant, there We're still suspic-
ious circumstances, and owing to the
seriousness of the charge, he did not
feel like shouldering the responsibility
and discharging him. He would, how
ever. fix bail at lower sum than is
usual in such cases. In the end, Woods
was held to answer and bail was fixed
at 81 900, as heretofore stated