Los Angeles herald., 1905-09-22


own convictions, but will keep them"
Prosecuting Attorney keyes:
"There was too much evidence lacking
to convict Mrs. Wager"
Attorneys Davis and Willis (for the
defense): "We knew all along that
Mrs. Wager could not be held Justly"
Failure of the prosecution to connect
Mrs. Florence Yager with the theft of
DR.. W. w. Ordway's money last Friday
morning resulted in Justice Chambers
dischargng the woman yesterday af-
ternoon.
Before the justice finished his state
ment friends of Mrs. wager crowded
around the woman and nearly smoth-
cred her with congratulations and eX-
pressions of joy at her acquittal.
Long before the preliminary examin-
alton was concluded it became evident
that Mrs. Wager would be liberated. No
evidence was brought to show that she
had the money or had ever handled
the valise.
In his statement Justice Chambers re-
viewed the evidence and announced
that the case would be dismissed. He
said, in brief:
"There is more evidence of arson
than of larceny. We haven't found
anyone who knows how the box and
the valise containing it's charred con-
tents was placed in the cellar nor how
it was removed from the cellar.
"It is possible that some one without
the house might have taken the money.
1t has been shown that the house was
easily accessible to anyone on the day
of the fire, and it is possible that an
outsider might have stolen the money
and deposited it within the room when
they learned that the police were
searching for it,"
1t was not until there was a general
movement by the spectators in the
court room that Mrs. wager began to
realize that she was free. With tears
of joy the gray-haired woman turned
to Attorney Davis with askant manner,
but before she could put the question
he informed her that the case was dis
missed.
Accuses Detectives
Rising, Mrs. wager grasped Attorney
Willis hand and silently stood for an
instant Then, with an inspiration, she
turned to one of her friends and cried:
"Oh, you knew that 1 was innocent,
did you not ?" Then turning upon De-
tectives Smith and Dixon, Mrs. Wager
vehemently exclaimed: "Those detec-
tives are frauds and they know it."
Mr.. and Mrs. Charles Jolly left the
court room in company with DR.. Ord
way. "Oh, yes" said Mrs. jolly, in
answer to a query as to what she
thought of the dismissal, you are a
newspaper man. Well, 1 have nothing
to say. All that 1 have said is said,
but 1 have nothing more to say"
Whether further action will be taken
in the case the officers would not say.
They assert that they have produced all
the evidence they could find.
Attorney Keyes said that the prose-
cution had used every effort to convict
and lost and that the case was ended.
He added that nothing more would be
done so far as he knew.
1T has been the statement of one
woman against the other" he said,
"and that is all that we have had to
depend upon. The court must look at
one PERSONS testimony the same as it
looks at another's."
Yesterdays Testimony
Charles L. Jolly, who had been liv-
ing at the Ordway home for some time,
and with his wife had been attending
DR.. OrdWay, was placed on the stand
yesterday morning when the hearing
was resumed. In brief his testimony
was as follows: Il was called by my
wife and investigated the fire. I found
the blaze in the cellar and extinguished
it," Testimony as to details brought
out nothing.
In the cross examination of Fireman
Charles Jenkins an attempt was made
TO prove that the can of oil which he
found near the box in the cellar had
been brought in after the fire, but con-
clusions were not allowed by the court
His statement was that he found this
can of oil and it was cold.
Nothing of material value was
brought out in the testimony of Officer
Henderson other than that religious
sect known as the Burning Bush knew
of the presence of the money in th'
Ordway house.
Opposed Calling Police
Mrs. Emma Miles, neighbor of DR.
CrGway, was placed on the stand anC
her testimony in part follows:
"On the night of the fire was awak
ened by my husband, and went at onc'
to our back yard and attached our hos
to the hydrant to protect our house.
I'm the Ordway yard saw Mr.. Joll!
with a hose. 1 went over there ant
then others came After the firemel
arrived I went on to the front porch
where the occupants of the Ordwa!
house were gathered. Some one sug
oeeted calling the nolioe and Mrs