The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-03-08
She Is Exonerated From
Charge of Arson.
STATES CASE WEAK
Court Finds Absolutely No Evil
dence Against Sick Woman
Who Was Thrown Into
Prison.

Testimony and the argument of the
counsel for the prosecution and the de-
tense, dismissed her from custody
Wednesday afternoon. The charge Of
arson that had been brought against her
by Fire Marshals Hollenbeck and Hart
was not sustained by evidence.
The justice held that the law speci~
fically stated that the intent was pres
Alice Wagner did set fire to the cloth
ing with the intent to be revenged upon
one of the other girls, there was no
evidence that she intended to burn the
building. There was absolutely no evil
dence that she even set fire to the cloth
ing.
No evidence was introduced by the
defense. Just as soon as the state clos
ed, Attorney Piero asked to have the
case dismissed on the ground that there
was
NOT SUFFICIENT EVIDENCE
to warrant binding the woman over.
Attorney Day then argued in behalf of
the state, and Mr.. Piero closed the argu-
ment. Justice Bowman then in few
words summed up the matter and dis
missed the prisoner.
. When Alice Wagner realized that
she was free she manifested the first
feeling shown during the trial. She had
retained her composure throughout un-
til the decision was given. She then
gave way and wept. She warmly thank
ed Justice Bowman for giving her her
freedom and was grateful to her at
torney for his conduct of the case.
The state had secured Frank Wag-
oner, the erstwhile alleged husband of
the woman. During the progress of the
trial he was held in the witness room
and 1t was the intention of the state to
put him on the stand to testify against
her. They have not been friends for
some time past, and it is stated that he
had threatened to get even with her
by helping Miller put her
BEHIND THE BARS.
During the trial Frank Wagner went
inside the railing and stood in front of
the prisoner. He looked at her for
short time. She ignored his presence.
Then he said:
Don't you know me, Alice?"
you'll know me to your sorrow be-
fore this thing is over,' she replied, and
he retired abashed.
There was considerable sentiment
manifested against her former partner
by the audience present, and possibly
this was one reason why he was not
used as witness. 1t was also noticed
that Prosecutor Day asked a number
OF questions that might have tend !
ency to embarrass Frank
The letter introduced in evidence by
the state was of an amusing character,
and showed that the woman was shrewd
and we'll educated The epistle elicit
ed considerable merriment and even
the prisoner laughed when the post
script was read. The letter follows:
Canton, Ohio, Feb. /, 1901.
Mr.. Fred Miller:-No doubt your
highness will be pleased to learn that
/ / am still in Canton. I saw your little |
project in the paper and don't intend |
to run. / was on the street today and
am every day. Your detectives don't |
seemed to have very good eye for bus
fness, as j have seen both and talked |
to one of them. l wasn't even in
disguise. The reason why don't get
out of your way, Is because you have |
only circumstantial evidence against
me, and that jury would not convict |
me on such as 1t is. / understand that
Frank is making threats to have you
put me behind the bars. His oath will
not amount to that, as can prove that
he admitted telling lies on me, and that |
he wanted revenge. You are putting
yourself to more trouble than your
revenge would amount to, even IL you
won your case.
AS far as threats are concerned, |
have not made any threats to burn your
place. All that ever said about you
] said In your house to you.
Very well, shall close, wishing you
the best of success and myself still
more, remain your old cook, Alice.
p. 8. Your trick was very good, but |
I will now show you one worth two of
yours by not leaving Canton. Come
on, Dave, let's play hide and 60 seek,
You're it."
4 The Miller referred to in the letter |
As the proprietor of the building that
was set on fire.
n Alice Wagner is still In the city, and |
she stated that she might possibly 20 |
to the hospital for treatment, as she |
has been In poor health for some time
past.