The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-10-19
FIRE WAS INCENDlARY
JOHN BROUCH, DECEASED, SAID
TO HAVE DONE THE
BURNING.
AND PAY FOR THE WORK is LIMITED AT
Branch's Brother Swears thai he Saw Branch
Apply the Torch Just Before the Train
Passed and that he Said he
May Get Cain" forit.

In the brief of the attorneys for the
Seaboard, now in the hands of Afford
Bynum and Christopher printers, a new
and sensational turn is given TO the
famous case of the Hygienic Plate Ice
Company VS.. The Seaboard Air Line.
The brief is prayer for new trial ON
the grouHd of freshly discovered evidence
III the case. evidence not known until
after the famous hearing.
This new evidence consists of affida-
wits going TO show that the factory was
set ON fire by John Branch, an employe
of the company, who said at the time of
the burning that he would 'haye plenty
of coin after now The following affi-
davit contains the facts:
George W. Branch. being duly sworn.
says: That he resides in Wake county.
North Carolina. and that he is a broth
err of John Branch. deceased: that said
John Branch was, on the night when the
HYGIENE Plate Ice Factory-the ice fac
tory for the burning of which damages
are sought in the above entitled action
was burned, and for some time prior
thereto had been employed by the plain
tiffs i'm the above entitled action, to aid
i'm operating said ice factory; that ON the
night when said ice factory was burned,
he. George w. Branch, was present ut
said factory; that at the request of his
brother John Branch he went upstairs
in said ice factory with him: that he
saw the said John Branch set fire to said
ice factory; that paper and kerosene oil
were used for that purpose; that the
factory was set on fire by the said John
Branch at the rear, up near the ceiling;
tnat the said John Branch remarked as
he set fire to said ice factory, i ann go
ing to have plenty of coin after now
GEORGE w. BRANCH .
James Whitaker, a citizen of Wake,
swears that after the trial of the case
and the decision against the railroad
company he met Charles Lockyear, who
was witness in the case, and Lockyear
said: II won the largest case of any
colored man i'm the State" Witness an
severed him: How much did you get?"
Il got enough to take care of myself a
while he said. Deponent continues:
AT one time John Branch said 10 me:
i have not lost cent We were talk
going about the fire at the time. / have
at times since the fire asked both
Charles Lockyear and john Branch If
the locomotive set the ice company $
house on fire, and both said no. After
the last trial | was talking with Charles
Lockyear and he said he had not lost
anything by the fire. Let's take drink,
he said. We can now drink as much
as we want This affidavit was made
ON Tuesday of this week.
Moses Thompson and Turner Evans
swear Whitaker's character is good.
Reuben Mcfarland swears that ON the
night of the fire he was on his way home
and stopped near the ice factory two or
three minutes. While near the fac
tory he smelled something burning which
impressed him as kerosene. That was
Just before the Atlanta Special left the
Union Depot and before it passed the
factory.
John Harrison, of Wake, swears he
was present at a conversation between
John Baskerville and Charles Lock
year. Lockyear asked Baskerville.
Didn't you get anything for what you
did " Deponent swears also that he was
with Baskerville the night of the fire;
that he saw Charles Lockyear pass him
going away from the factory about five
minutes before the train alleged to have
burned the factory passed. lie nedlu
Lockyear say he was on his way to sup
per.
Theodore Spencer swears that some
time after the ice plant belonging to the
plaintiff was burned he heard John
Branch. who is now dead, and who work
ed at the ice factory, say: ut IS curl
ons that thing caught fire IN the same
Mace every time. / will be ID If 1t
caught by amy locomotive"
The brief cites that the suspicion OF
| the defendant was aroused by the re-
! fusal of the insurance company that car
ried the policy on the factory to reveal
the amount of loss paid the ice conn
pany or the proofs Of such loss furnished
by the ice company. The railroad then
engaged Dennis Rowe, a private detec-
tive of Richmond, Va, to work up the
case with the result as above. Some of
| the best men i'm the State testify as TO
the reliability of Rowe.
/ The brief for the railroad is signed
by MacRae and Day, john ID. Shaw,
and Walter III. Neal
i