The Norfolk weekly news-journal., 1905-04-28
TWO BOYS BOUND OVER.
FAIRBANKS AND LUKE ARE HELD
TO THE DISTRICT COURT.
IN THE SUM OF $500 EACH
The Courtroom Was over Crowded to
Hear the Story OF the Burning-one
Of the Three Boys Tells Of the Plot
and the Execution Of the Fire.

!
Of the Three Boys Tells Of the Plot
and the Execution Of the Fire.
tErom Saturdays Dallyl
Earl Fairbanks and Bert Luke, the
two youths who were brought up be.
fore Justice Eiseley on preliminary
hearing yesterday afternoon, charged
with arson were bound over to the
fall term OF the district court by Judge
Eiseley, and their bail fixed at $500
each. Tn default of bond they went
to Jail last night, though friends were
working today in an effort to release
them and hoped to succeed before
night
The courtroom overfowed with
| those eager to hear the details OF the
story of the burning OF the Breed barn,
| the stairs being crowded and the otf-
er rooms in the city building filed
Among the crowd, which consisted
mostly of boys and few men, were
here and there woman who through
curiosity or personal interest, had
crowded into the stuffy room.
Told How They Planned the Fire.
Ernest Stalzky, lad much younger
than either Fairbanks or Luke, was
placed on the stand by the prosecu
tion and told of the planning to burn
the big Rome Miller barn at South
Norfolk and how they later deter
mined to burn the Breed barn.
THE three of u.s." said the youth,
went west on the passenger and at
Kent Siding pulled the air cord and
train coming back, Earl Fairbanks
said, Let's do something. This is
good windy night-let's burn some
thing. Are you game, fellows?
Luke said he was game and | said
| wanted to go home. Fairbanks said,
we want to get up some excitement
here that will get the people to talk
ing about Norfolk Junction."
The boy then told how the trio had
approached the barn and how Fair
banks had suggested that when the
policeman's light went out they would
know he was asleep. He related how
Luke had wanted to burn a building
at the schoolhouse, but Fairbanks had
said, mo, the policeman is always
hanging around there" Then it was
suggested that they set the church
Attire.
1.-THE Barn is Booming"
Then he related to the court how
Fairbanks had stood a long way off,
watching for the officer while Luke
had tossed the burning waste into the
barn and had come back with the news
that She's just booming, boys"
Then they ran to the hose house, got
out the cart and pulled it, changing,
down the street to put out the blaze,
Fairbanks had suggested that we
burn the Hyde barn" said Stalzky,
"but Luke objected because there
were cattle in the barn and he said
| he wouldn't burn that"
The lad told a straight, clear-cut
story throughout and was not tangled
! in the least on cross examination.
| Burt Mapes, on behalf of Bert Luke,
made it point to bring out to the
court the fact that Luke was no. the
| leader iC the movement, but that Fair
banks was the suggester in the affair
and the real director in the burning
MAY be a Fire Tonight"
mail wagon driver was put on the
stand and testified that on the after
noon of the fire, Fairbanks had said
to him, just after discussing the fact
chat there were many fires just then
in Norfolk, that there is likely TO be
a fire in the Junction tonight"
Other witnesses, including Officers
Livingstone and Larkin, were put on
the stand and testified to their work
in the case, their stories substantial
ing the Stalzky story
The defendants offered no evidence
whatever, and the case rested. Judge
Eiseley then fixed the bond at $500
each.
Bert Luke, who arrived at noon, told
before the trial, admitting his part in
the matter but insisting that Fair
banks had been the suggester.
Fairbanks still maintains that he
merely watched the fun. Luke sat in
the courtroom with his head lowered
nervously biting his lips. He evident
ly was troubled over the matter,
though the most suffering fell upon
his father, H. II. Luke, who declared
that if he could have been at home
the trouble would never have hap
pened.
Agent Stein was not, as had been
stated, a witness.
f. P. Weatherby represented Fair
banks and Jack Koenigstein the state.