The Mankato free press., 1902-06-20
ATTEMPTED ARSON
Jury COnviCts Kelley of the
Lesser Crime.
Mrs. RIamberg Wins Her Suit Against
the Modern Woodmen--NeI-
son Pleads Guilty.

The following jury was secured Fri
day afternoon for the trial of James
S. Kelly on the charge of arson in the
first degree: John Meany, E. A.
Powell, Chas. E. Caldwell, P. W.
Mention, R. W. Degner, E. G, Ulrich,
G. G. Jones, VIM. Severson, ). j.
Liberg, VIM. Voeks, B. 81. Conrad and
E L Sanborn.
The witnesses examined for the
state yesterday afternoon were Seth
Wakefield, Joseph Goenen, Mamie
| Miller, Mrs Selia Wakefield and
Frances Tate. This forenoon the state
put on chief of Police Bowen, Officer
James Kelly and James BeroUt.
The defendant went on the stand in
his own behalf, and the only other
witness for the defense was his wife,
Mrs Della Kelly.
The state put on q. F. Soaring, Mrs.
Wakefield, d. T. Bowen and j. 3.
Reynolds in rebuttal o
Mr.. Kelly, on the stand, admitted
| that he had caused the fire in the
house occupied by his and other fami-
| lies, but claimed that it was due to
an accident, and denied that he had
started the fire Intentionally. He said
! that he had had few words with his
wife and had picked up the lamp to
go into another room. He had been
drinking, and stumbled over a rug
| and the lamp flew out of his hand and
struck the stove 1t broke and about
| a quart of oil ran out. and the burn
ing wick ignited it. He threw some
water on the fire, but this only spread
the blazing oil and made the fire
| worse Then he stamped the fire out
with his feet, as he supposed. A boy
said that the police were coming, and
he went out, but did not see anyone.
He had put no matches on the floor.
He admitted on cross examination
that he had served sentence in the
penitentiary for assault. He denied
that any other name than Kelly was
his real name.
Mrs. Kelly denied statements claim
ed to have been made by her to Chief
Bowen, County Attorney Wilson and
others at the city hall These state
ments, as sworn to by the states wit
nesses were that she had seen her
| husband pile the clothing in the mid
die of the room, pour kerosene on
them, throw a large quantity Of
matches on the pile, trod on the
pile, and the matches not ignitipg,
throw the Lighted lamp on the pile,
thus starting the fire.
Evidence was introduced to show
that Kelly, after being arrested, had
said that he had not been near the
house since the forenoon before the
fire. He admitted saying this to one
party, but claimed that he had said it
to mislead him.
The court instructed the jury that it
could find the defendant guilty of
arson in the first degree, or an at
tempt, or could acquit him.
The case went to the jury at noon,
and at 2 80 p. m. it brought in a YER
dict OF guilty of an attempt to COM
NIT arson in the first degree. The
penalty is either Jail or penitentiary
one within the discretion of the court
The jury in the case of Ellen Blum
berg VS.. the Modern Woodmen of
America brought in sealed verdict
Friday in favor of the plaintiff,
allowing her the entire amount sued
for, 81, 07S. 6S.
The case of Charles E. Yates VS.. D
w. Selleck, which was the next fol
trial, was dismissed by stipulation.
Henry Nelson appeared in court Fri
day and withdrew his plea OF
not guilty to the indictment charging
, him with grand larceny in the seconc
degree and pleaded guilyt. He viii
be sentenced Monday.
The court took recess until Mon
day morning, when the case of Denni
Sullivan VS.. Anderson & Peterson viii
| oo t0 trial