The age-herald., 1898-01-08
THIRD CASE AGAINST ROLLO The Alleged Burglary of the
 Surprise Store. HEARING ON ARSON CHARGE Will Come Up Later Before Justice Stanley Marcus and Cohen Identify VaIise
 by Private Mark.

Yesterday afternoon at 2 o'clock Officer Justice W. M. Stanley on charge of bur glary preferred by S. Marcus. The trial on the charge of arson will be taken up when the present one is concluded.
 Rollo was brought from the county jail in charge of Deputy Sheriff Marshall and took seat by his attorney, J. L. Meade The state was represented by P. G. Bow man. A number of spectators were pres ent.
 When the case was called both sides an- nounced ready.
 MT. Marcus was the first witness. He said: q was proprietor of the Surprise store, at 1913 Second avenue, on Jan. 2S, 1897. The store was on fire between 1 and 2 o'clock in the morning. The fire started in goods that were stored away among a lot of valises. The goods were damaged by water. Very little damage was done by fire, except that a lot of millinery boxes were burned. The valises were tagged with a private mark and were numbered under the bottom.
 A valise which was loaned to Officer Pat ton by Rollo was shown to MT. Marcus, who said: q had two like it in stock. Don't remember if either of them were there that day. Mr. Cohen attended that department. This is the only one l have now (referring to a valise that had been brought from the store). MT. Rollo was on that beat He had no key that know of; none by my permission. When I came down the store was unlocked. The valise cost $3.50. I bought only two and never sold either. The reason I did not prefer charges against defendant before was be- cause I was advised not to make the charge sooner, as he would probably com init other crimes"
 I. Cohen was the next witness. He said: 'I was in business on Jan. g, 1897, with MT. Marcus in the city of Birming- ham. I am an all round man, but had the trunk and valise department in my charge especially. This yalise (the one loaned by Rollo to Patton) came from Mir. Marcus store, had two like it, only two. Lot No. POI, size IS inches. I saw them in the store myself Never sold either of them to de- fendant. I locked the store most of the time, either MT. Marcus or myself locked 1t. I was away on the morning of Jan. S. Either MT. Marcus or myself sell the trunks and valises. left the night be- fore the fire at 10 o'clock. The number of the valise was POI, size IS inches. Had in- voice of the yalises and it will show We had two of each size, 12 14, Is, and IS inches Gnvoice introduced) I never saw the private number on the valise after 1t was taken but saw it before"
 Chief Mullen, of the fire department. was the next witness. He said:
 T remember the fire on Jan 23 MT. Rollo was on duty. He was about the stairway, I think. The fire was in lot of rubbish up stairs. I think Rollo was up stairs after the fire MT. Rollo told me next morning to look in a certain place and l would find a candle. I scratched around little and found it. The information came over the telephone I asked Rollo why he passed one alarm box to go to an- other. Said he forgot that one Very little damage was done. The defendant said he was near the Florence hotel when he saw the fire. It Is the custom to turn in an alarm on the alarm system. I asked him why he did not turn In the alarm over the system and he said he forgot it. Mr Rollo was fireman under me. He had perfect knowledge and was familiar with the sys- tenn of turning in an alarm
 The state asked for time to send for Off, fcer Patton, who was in the circuit court, and recess was taken. After waiting some time for Officer Patton it was decided to adjourn over until 10 o'clock this morn- xubay tba ri al bo