The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-11-08
THE SUPERIOR COURT
H. HAUSER ON TRIAL CHARGED WITH
BURNING HIS STORE.
ing and the Defense is Stubbornly
True Bill Against Two Young White
Men Charged With Burglary

Pursuant to recess on Tuesday the
superior court met yesterday at $50
a. m. His Honor Judge Oliver H. Allen
presiding.
After disposing of a trivial case which
was left over from Tuesdays proceed
ings, the trial of H. Hauser was be-
gun The defendant is charged with
having made an attempt to burn a store
on the night of the nth Of last August,
at 122 Market street, where he conduct
ed a watch repairing business and man
u~factured tar soap.
The state is represented by Solicitor
Rodolph Duffy, Bellamy & Bellamy.
Herbert McClammy, Esq, and City At
torney William j. Bellamy. The de-
PENDANT. who has been under bond for
his appearance, was in court and la as
his counsel, Messrs Bellamy & Peschau
and Brooke G. Empie, ESQ.
When the case was called Hon. John
d. BeIlamy, of counsel for the defense,
moved for a continuance OF the ground
that a very material witness was alb
sent. one Isaac Bereschoff by whom
Mr.. Bellamy said he expected TO prove
that he was in Mr.. Hauser's place of
business just before the defendant went
to Wrightsville on the afternoon of the
night on which the fire occurred; that
Bereschoff then saw no signs of any
preparations to set the place on fire.
such as were discovered after the fire.
Mr.. Bellamy in urging a continuance,
informed the court that Bereschoff had
left the city and it was very important
for the defendant to have him here, so
a continuance was necessary in order
that the absent witness may be found
and brought here to testify.
The states attorneys opposed the
motion for a City Attor-
ney William J. Bellamy said he had
learned from the chief of police that
Bereschoff had fled the city and even
his wife and children did not know
where he had gone, and that the said
Bereschoff was not likely to return,
fearing criminal prosecution for hav-
ing sold m~Ortgaged property, and he
would probably never return.
The court overruled the motion to
continue w~hereupon the defense ex-
copied.
Hon. John D. Bellamy, on behalf of
the defendant, then moved to quash
the Indictment as the grand jury which
found the bill was improperly drawn,
having been drawn at a time contrary
to the time prescribed by law. The
motion was resisted by the states at
torneys, and the court overruled the
motion. The defence excepted.
The counse then went OF to select the
jury and while his vas being done the
court took a recess for dinner. When
the court met after dinner the Hon Jno.
D. Bellamy, made another motion to
uuash the indictment OF the ground
that the jury was illegal, four of the
Jurors having failed to pay their taxes
the past year. Again the states coun-
sci resisted the motion and it was over
ruled. The defendants counsel ex-
cepted.
The bill of indictment was then read
and the defendant put in a plea of not
guilty.
The court then went on selecting the
jury and finally the following jury was
~annell f. T. Conway, J. E.
Greer. Presley T. Stevenson, ]. NJ. Ste
venson, J. E. Reville, A. J. Howell, J.
w. Kin J.. G.. B~arentine, Silas Snee-
den, ]. W.. Capps, Louis Gordon, Mark
Jones.
After the Jury had been empannelled
the state called it's witnesses.
The first witness called was John
Wannamaker. He testified that he was
q fireman on the 18th of August, 1901,
when the fire occurred that night at
Hauser'S store on Market street be-
tween Front and Second streets. Wit
ness said he responded to a telephone
alarm of fire between 6 and z O'Clock
on the 18th of August. When he got
to Hauser's store he found quite a
crowd on the outside. He got off the
truck and found the store door closed
and locked. He then pushed haro
against the door to try to open it
Firemen Weinberg and Mallard and
witness got to the fire together. Wit,
ness said he found the door locked anC
hit against it to open it, Told Wen
berg to strike against the door and he
did so breaking in the glass. The cur
tainS to the door then fell apart anC
witness looked in and saw fire burning
They then waited for the chemical en-
CINE to come and when it arrived
Mallard broke open the door. Wher
they got in they found the fire burning
in the center of the store. After hold
ing the nozzle a while witness was re
lieved. The store seemed to be full o
lockers and drawers behind the coun
tiers. A large clock was on fire in tn
center of the store under the sky light
and after the fire in the clock was un
der control, they found the locker
full of papers, excelsior and old hair
every drawer was full of old paper, etc
III the drawers were open and a
seemed to be connected by inf1amabl
material. The drawers were prope
open and were stuffed with old paper
and other material.
Witness Wannamaker was her
withdrawn, and Charles Schnibber
chief of the fire department was called
Chief Schnibben was examined an
his testimony was a description of tn
store on the night of the fire and tn
next day when he examined it NOR
carefully. He stated that the hreme
were at the store when he arrived an
when ne got there Mr.. ]. H Boatrigf
told him he smelled kerosene and sa'
evidences that the place had been 81
on fire and that he had better eXamln
the place. He said he saw enough I
satisfy him that the store a been 81
on fire and before he left the plaC
that night he locked it up and place
it under the watch of policeman j. \
King. The next morning officer Kin
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