Phoenix weekly herald., 1897-09-23
CHARGED WITH ARSON.
(Continued from page 1.)


 of J. A. Phillips charged with setting fire to his ice cream psrlors, his court room was so crowded that an adjourn ment was taken to the District Court room which was soon filled to the doors with crowd Of men eager to hear the testimony against the accused ice cream merchant.
 Assistant District Attorney KeIlum appeared for the prosecution and MT. Bullard for the prisoner.
 As soon as the case was calisd Mr BuliaFd arose and offered a demurrer. to she complaint on the ground that it did oot set forth s pubic crime against the defendent. The demurrer wss inmed lately ovsrruIed end the case opened with Policemen Steve Bailey on the stand
 Mr. Bsllsy testified to the effect thas about fl teen unin u tes to four o'clock ae ne wss walking along Washington strest, nesr the ipitol saloon on Mon day morning he glanced across the l street and saw thas there WAS tire ID the store kept by Mir. J. 4. Philips OF 1 she corner ou the oppoaite side Of the l street. Rs i'm msdiatsly ran RcFoss the street aud into the eliey where be look | through ths windows aGd found thet | the floor of toe ics cream perlor in the 1 rear of the store was on fire. lie then ran 50 the front of the store where he l broke tbe lock in the door sDd entered. | The fire in the parloz was ou the car | pet On which some papers had been l thrown and he noticed 6 stroDg odor Of l gasoline which appeared to have been spread over the floor. He put out the fire in the psrlor Gnd then went into | shs kitchen where 8 larger fire wRs 1 burning, B wooden box being in flames as was elso 6 lot of paper. Here he | sleo noticed that gasoline had been | scattered about the hqor. He carried | the blazing box cut into the street end | returned and put ous the fire on the l foor He then sent hack to the resi- Avenue to inform that gen tlem6n Of the l fire and also sent messenger for the | City Marshal and deputy sheriff A. W.. GaIpiu, esking thst MF. Gslpin bring ais blood hounds with him.
 Mr Wm Jaquetse, bartender in the
 Palace saloon, was the next witness. He l testified shat he he left the saloon about fifteen minutes before four o'clock on l Monday morning. He saw officer Bailey break in ths door of the Phillips
 store and run over. Went into the l building and noticed strong odor of gasoline Saw she fire in both rooms,
 tast in the Kitchen wss on box and
 among lot of paper; fire was scatter ed from she kitchen into the parlor. Geo. Mcdonald testified: Was in Palace ealoon shortly before four | o'clock on Monday morning end hear | ing the excitement ran over to the store kept by Mr. Pniilips. The fire was out
 when 1 got there but saw where it had been and noticed sn odor cf gasoline. Mr. A. Wadsworth, 6 hack driver
 was then called. He testified: Officer Bai- | ley sent me to the residence of MR. J A
 Phillips on North Fourth Avenue on Monday morning about four o'clock. I
 WAS told by Mrs. Phillips that Mir. Phillips was not at home While driv- ing at rapid rate towards the Phillips | house and ct ths corner Of Third ave-
 nue and Washington street, noticed 8
 man run into the stone yard and hide l behind eoms bushes. When driving back 1 noticed the ssms person whom l could nos feoog z owln2 to the gloom, turn 8foupd the corner of Fourth Avs-
 nus aud n Bucen street cad crouch down on the walk. I called to him three times but he made no response and I came on dowa town. Officer
 Bailey then entered the hack snd I drove him back to the Pniiiies resi- dence where he got GArret Phillips. and
 took him to the store.
 Msrshsi Hooker then took the stand
 and testified: Was called sbous foor
 o'clock Monday moruing ard wenb to
 to the store of Mr. Philips Fourd
 there had been fire there. Noticed
 6 ssroEg odor of gasoline Saw that
 large spot he'd been burned iu the car-
 pet in the parior end some burned pe-
 per in tLe kitchen. Deputy Sheriff
 Galpin brought up tho blood hounds
 and thsy took the trail at ths side door
 of 6he atote. Hsre Mir. Bu lard obi -os
 ed to the ln5rod uctioa of any evioence
 showing that blood u5ds had bssn
 used for the reason that TO eviGsnce
 had beeo introduced to show inst blood
 hounds could take s trail aud track s
 man. Fhe obj sction Was overruled and
 MF. Hooker continu4d with his testi-
 mony 10 the effect that ihe dogs fol
 lowed 5ha scent to Jzffersop street
 where tb<y lost it. They were ,hsn
 taken So the stone yard where be bsd
 besn told man had been seen hiding. bs she hack drivsr Hera the scent wss taken up and the dogs followed is direct to the residence ot MrPaillips OF Moth Fourth Agsnue. G .lpln was with th.. dogs. l Was twenty minutes or half hour 6efore Mr Phiiiine made his 3D. pesralcA at the door. L. WAS noticed wben he did make his sppssra zee tb at his mustache and eye bF0ws were badly sinGed. When asked if he knew about the dre be responded that he knew nothing Of it. He accompanied us down town and at the store IVES asked if he 1 had lost any goods s1 d ha Said there 1
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