The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-05-08
NOT 4 STRONG CASE
Defense in Hartley Murder Prose-
cution Moves for Dismissal.
STATE IS NOW BEING HEARD
Hartley Had Said He Would Burn
the Building for Insurance.
Gist of Evidences. = go

Special to The Journal. - - ~ -
: Faribault, Mimi, May 8. - Shortly be-
fore dinner to-day after the state had
sworn nine witnesses, several Of whom
were recalled from Yesterday, and had
seemed to make little Roadway in it's
case fer murder against C. G. Hartley, a
former hotel man Of Dodge Center Attor-
'ney A. H. Hall for the defense moved
for dismissal on, the ground that no. case
had been made. The state will reply this
afternoon. Ut is Thought there is" d
fair prospect that the trial will terminate
with the judges ruling, though the state
may make better showing than court
attendants seem to- expect. The states
case SO far is weak and the defendant and
his counsel are confident and show it.
Edward l. Baker, from Wisconsin. who
negotiated for the sale Of the hotel from
Hartley, was sworn. this forenoon. He
said that Hartley told him the building
and its contents were so heavily insured
that he (the witness) could burn them
tended to burn the property if he could
not rent it: ~ -. -.
Mrs. Marquette was recalled and said
she did not RENE nIber saying at the coro-
ner's INQUEST Fat there was basket of
waste paper under the stove. There was
such. basket, she said, in, the summer
kitchen. 49, =,.'..> T.. - !.
Elmer 2. Abbott. a merchant Of Dodge
Center who served on the coroner's jury,
was recalled, also S. r. Orcutt, the con-
tractor who built the hotel. Their evil
derce was unimportant in the MAN, per-
tanning to identification of property and
to means provided at the hotel for escape
in case; of fire. 49, .<> -. 49, !
w. H. Franklin, also of Dodge Center,
who was at the fire and saw the remains
of Miss Pelton, was also recalled but ad
ded nothing ma terial to his evidence.
M. P: Dressback was recalled to testi-
fly to the value Of the building and the
insurance. ~-s-.
Other witnesses Of the forenoon were
Alfred Warner, Fred Green and Rebecca
Eyers. a -" -
=. First Witness for the State.
Seven witnesses were examined in the
Hartley murder trial yesterday afternoon.
r.. F.. circuit, carpenter of Dodge Cen
ter, was the first witness and testified as
to the situation of the hotel building and
it's interior arrangement.
DR.. J. A. Gates of Kenyon testified as
coroner and Identified some of the prop
erty Of Miss Pelton. .....~...
F. John Pelton of Reedsburg, Wis, father
of Miss :Pelton,s was then called and fur
Their identified the watch and other ar
ticles exhibited as belonging to his daugh-
ter. He showed intense feeling, and it
was with difficulty he bore up while iden-
-tifying the articles.
w. H. franklin, mayor Of Dodge Cen
ter, testified as to theahre and identified
articles as having been found in the
ruins. !is@ II 49,
Mrs Bertha Marquette who was cook
at the Transfer house at the time of the
fire, was next: called and was the most
important witness Of the afternoon. The
night Of the fire she slept in bed room
opening from the dining room and next
to the room occupied by Mr.. Hartley,
which opened into the office. There was
also a door communicating between the
two bed rooms, against which the head
Of her bed was set. On the morning of
the fire she heard some one rap on Hart
,ley's window; heard him take some one
to a room upstairs and return to the
dining room and later to his own room,
stopping, however, she thought, at the
door leading from the dining room to the
Kitchen. Soon after the door between the
two bed rooms was broken open by Hart
ley who told hele4*the building was on
fire. When she got out with her chill
dren Hartley was throwing sticks at one
Of the windows in the second. story, say
ing there was woman asleep in the
ROOM Mrs. Marquette admitted that be-
tween the time the train came.in and the
time she heard the rap on the window
she had been asleep, but did not think
she went to sleep again before the alarm
Of fire, though she was much confused
as this point.
r. NJ. aDressback, an insurance agent of
Dodge Center, followed, but his testimony
was of little Importance.
Elmer E. Abbott, a. dry goods merchant
of Dodge Center was the next witness,
and was upon the stand at adjournment
Hartley s step-son, j. G. Lennon, of
Minneapolis was in attendance yesterday,
and Mrs. Hartley and daughter, Mrs. Fos-.
berg of Big Stone City, arrived last
night. Hartley bears UP we'll and takes
a keen interest in the proceedings. He
showed some nervousness at the close Of
Mrs. Marauette's testimony. SO