The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-04-04
AecUseD OF sxrT,no F,nE TO
HIS sALooN syiLplho At
pREscorr.
Testimony On ths Part ef che seats ane
osfenss u Al submittsd-
In Jury's Hands.

=.
Schmidt. the former Prescott saloon
keeper. Was the first case called in the
superior court this morning and it oc-'
cupied the entire day. The state was
represented by County Attorney VIII
SON. while sharpstein & Sharpstein APP
peared for the defendant. Consider
able dif1culty was encountered in Sc
curing jury, the regular panel being
exhausted and several bystanders were
pressed into service. The jury that
was finally secured and accepted by
the attorneys is composed Of o. w.
Brunuton, c. F. Van De Water, Marion
Roger, p. ]. Terrell, Francis Nader,
j. M. Glover, A. J.. Latimer, John NJ.
Gumm, Wash C.. Smith, John L. Wood
ward, Anthony L. Ring and Charles
Mccullough.
The principal witness for the state
was Sidney Alexander, former en-
ploye of Schmidt. The story he told
on the witness stand was substantially
as follows: On January Is, which was
Saturday, Schmidt had informed him
that he was going to ,Walla Walla Sun
day and that Alexander need not come
around Sunday and clean up the sa-
loon as had been the usual custom.
Sunday evening Alexander and Leavit
Reavis were walking past the saloon
when they noticed light in the build
ing. Presenting that Schmidt had
gone to Walla Walla Alexander went
to the side window in the saloon to
investigate. Looking in he saw
Schmidt pouring either gasoline or al
cohol on. some rubbish that was piled
in a corner of room that was used as
a warehouse. He say Schmidt empty
the entire contents on the floor, when
he and Leavit went to supper. After
he had eaten he went to his home and
in few moments after the alarm of
fire was given. He fastened back to
the saloon and entered. He immedi-
ately went to the place where Schmidt
had kept his revolver and the receipts
in connection with the business. They
were not in the accustomed place.
When he reached the saloon the ware
house was on fire near the place where
he had seen Schmidt pouring fluid from
the can. He remained at the place all
night, having been employed by the
mayor to watch the premises. On
cross-examination Alexander admitted
that January 10 he commenced suit
against Scmidt to collect what he
claimed was due him for. wages, but
on the 18th of the same month he
his complaint. He came to
Walla Walla January %, and went to
Schmidt's house, and asked for some
money, and he was given $780, A few
days afterward he met Schmidt on
Alder street in Walla Walla and asked
him to pay him what he owed him.
Alexander claimed $8S, but thought
that he should have $3.50 more. as that
would have been the amount he would
have earned had the saloon not burned
down.
The other witnesses who testified for
the state were John Tehan, Tim Te-
han, L. I. Hayes. S. S. Mari and E. D. |
Mattinson. but their testimony did not |
have much bearing on the case.
Schnidt's Defense.
When the court reconvened after the |
noon recess Louis Schmidt, the de- |
sendant, took the stand to testify in |
lis own BEHALF He said that he went |
% the saloon about o'clock in the |
morning of January II for the pur-
pose of cleaning UP the saloon and |
Eriting a number Of letters. He re-
NAMED there nearly all day, being oc-
:upied with that work all the time. He
eft the saloon early in the evening |
''clock the saloon was discovered to
De on fire. He was in bed asleep at
he time. the fire was first discovered.
He then told how he had assisted
Alexander, his barkeeper, by going Sc
.urity on a note for $3.50. It was
lgreed that Schmidt was to retain $50
ZACH month from Alexander's salary, to
lpply. on the note. He discharged
on January "A. three days
before the fre He. said that about
light days after the IRE Alexander
anne to him and demanded $50 say
ng that II he did not give It to him
he would cause Schmidt trouble over
he fire. ~
George Mason, q druggist. was
laced on the stand to give expert tes-