, 1897-03-17
ARSON CASE CLOSED.
BY THE SUDDEN DISMISSAL OF
THE DEFENDANTS BY THE
PROSECUTION.
Witnesses Did Not Have the Informa-
o Which the Prosecution
Thought They Had-Brict outline
OF the Testimony Taken Late Yes
terday Afternoon and Last Night.


terday Afternoon and Last Night.
The first act of the prosecution in the
arson case this morning came in the ma
tore Of a surprise to all. As soon AS
court was called to order Attorney
Jahren arose and moved the court that
the case be dismissed against all the de-
PENDANTS. stating in support of the mo-
ton that the prosecution had failed to
bring u the testimony which it had
been thought the witnesses possessed.
The cou at once ordered tho release OF
the defendants and they were set Mt
liberty.
In the arson case yesterday afternoon.
MI. Charles Beach was sworn for the
prosecution and testified that he is n
student at the University OF Wyoming:
was boarding with Mrs. Mostler un the
9Th Of January last, in the Donnrllan
residence, and was also rooming there:
knew OF the fact Of there being a fire at
sAhASb wac mist ~ NV AbNI
about 2 o'clock in the morning, Jan.
9th; went to the door Of Defendant Most
ler's bedroom and Weakened her; de-
PENDANT was but partly dressed when
she came to the door: then went round
house to waken Mrs. Taboo. who was
sleeping In rear bedroom; mel Mrs.
Talbot coming round house only par
TALLY dressed: saw smoke issuing from
cellar. and took Defendant Underwood's
bicycle and hurrid down town to turn
In alarm of fire: came back in about
seven OF 10 minutes and saw Defendant
Underwood standing in main hall with
pitcher in his hand: defendant Under
wood asked him to go in and try 10 open
bath room door, evidently for purpose
OF getting water; smoke was pretty thick
in bath room; boys rooming there began
to take things out, and witness heard
someone say not to take furniture out
as they couldn't then get any insurance.
This latter was struck out. however. rs
witness could not swear who made the
statement. Witness said 1t was Is or &C
minutes before fire department reached
house; no effort was made by anyone
to put fire u until department ar
rived. Witness stated that Defendant
Moetler asked some one to go up sIuirs
and get a harness that was stored away
there; afterward said this was because it
was not insured; could not swear that
either Of defendants had any insurance.
On crOss-examinntion witness said
that Defendant Underwood had tried
himself to get into bath room to get
water, and couldn't: witness came home
night Of fire at IL o'clock: didn't notice
anything suspicious about the house;
retired about Is minutes after returning;
didn't do anything himself to put out
the hre; fire department arrived about
90 minutes after alarm was turned in.
Mr. Charles Gilmore WIS called on be-
half Of the state: testified he was a stu
dent at university, roomed and board
ed at Mrs. Mostler's: roomed in apart
ments just across hall from door of De
fendant Mostler's bedroom; Messrs.
Beach, Smith and Sudduta also roomed
In same apartments; was first informed
OF b fire by Mr.. John Taylor, another
student who roomed up stairs; first evil
dence he saw OF fire was smoke in hall;
went round north side Of house and saw
Mrs. Talbot and brought her round to
front OF house: afterward went into
house with fireme and tried to turn on
kitchen light for them; was we'll &C
Quainted with kitchen and rooms; door
leading from kitchen into dining room
was locked and key LEFT in door; east
door was locked with a catch lock; door
from kitchen into sleeping room of Mrs.
Talbot was locked, but door from kitch-
en- into pantry was o locked. The
statements of the witness in the main
we're corroborative of what Mr.. Beach
said.
On crOss-examination, witness could
not state the condition of the north door
of the kitchen-didn't notice; couldn't
tell positively condition OF east kitchen
door; window in east side Of cellar shut
when witness first saw it; not long after
saw it again, and it was broken coal chute
leading from outside of building was
large enough for a man to crawl in: by
coming In that way one would have &C.
cess to the whole back part of the house;
witness made no attempt to go into back
part of house from outside; Defendant
Mostler did not remove any furniture
except q trunk and witness helpd move
that out.
The witness next called for the state
was George Berner, who made the re-
pairs on the house after the fire. Wit
ness stated that he had made the dia-
gram from which the witnesses had tes-
titled, and same was practically correct;
II q contractor and builder by trade, and
when called to repair the house, his at
teotio0 was called to the various places
AWQfC1e0