Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1913-10-10

Monday morning Slaude w stew
art was placed on trial in the circuit
court. charged with having burned
The plant OF the Stewart Web Gle Com
pany on Sunday ulshi. September Il
1912. It will De recalled that follow
ing The flre an Investigation was made
hy the state FIRE marshal Charles A.
Ellison, and within a short time Mr.
Stewart was arrested and iudiced
four d fferent times by the grand ury
which convened last January
Because he acted as counsel itf
Mr. Stewart Judge Woods WAS inellg
ible to preside during the trial, and
Judge Robert VI DALEY, OF Romnay
was invited. Some months aso Che
attorneys Tor Mr. Stewart flied seyer
al oieas in abatement to the iadict
merits. watch we're sustained ~ Judge
bailey Tho Siate immediately ep
pealed to the supreme court with the
result that Judge DALEY was reyers
ed. and the case ordered to trial.
Not much difficulty was experienc.
ed this morning in securing a jury
Robert @ criswell was excused be
caused he had formed an opinion.
James w Barriek stated he thought
he could not serve. and was also ex-
eused james Murphy pleaded III
ness. w. s. Harper because of being
a registered druggist aud had no one
to run his business was told to stand
aside. BECAUSE he could NOT render
a fair and impartial verdict G J. Gus.
ter was not required 10 serve. The
following IS the jury; George W
Miller w. b. Barr Emory Wolford-
r. c. Sprinkle. r J Mohler. Charles
Houseworth, w A. Lemaster John
W Daley. Clarence Boyd, b. s. Davis
W r. Sier and j. II. staley
Owing to relationship existing Pros
ecuting Attorney poSnes has adta,
ing to DO sithsths dial, and Attpfasi
Allen - Noll was appointed by Judge
Daley to take charge Of the prosecu'
ion. He is assisted by Colonel For
rest w. Brown, OF Charles Town
while former Senator Charles J.
Faulkner and Colonel Stuart W
Walker are representing the defend
ant,
In tine beginning Mr. Noll informed
the court that he desired a stenog
rapher, so the record could be cor
rectly made up Several attempts
have been made to secure compe
tent one but so far all have failed
However Colonel Walker is having
the testimony taken by his stenog
rapher, and 1t may be that one will
be secured by tomorrow as Clerk
Gerhardt Is in communication WITH
, Wheeling party
Shortly before Mr. Noll made he
opening statement to the jury, and
was folicYoG by Coicnel Walker ~
evidence was offered this morning
but when cour, convened this af.er
room the state began to Introduce Wit
nesses. THE trial bids fair to con
tipue scvera' days, az the state has
summoned 81 Witnesses and the Dc
sandant has called %
At 2 O'Clock this afternoon Mr.
Noll announced that the state was
ready TO offer testimony and intriduc
ed ]. f Williams. The witness stat
ed he lived thirty-fye steps from thf
site OF the plant of the Stewart We
hicle Company: that he was SITTING
on his porch the evening Of Septem
Der Is. 1912. and saw Claude Stewart
90 in the building about 6 o'clock ant
later saw Mr.. Senclndiver. the nigh
Waterman. approach there; thai
shortly afterward he saw light II
the south end OF the building and II
few minutes a number OF lights
sprang up all along the third floor
that he ran toward the building ant
gave the alarm. Asked If he saw Mr.
/ Stewart about the building In th'
afternoon he said he did not. He al
so stated that he had no knowledge
Of how the fire started.
C. s Senefndiver. night watchman
stated he went to work for the com
pany on December 3. 1911, that h
reported for duty that evening al
usual at 6 o'clock and after filling hi
lantern with oil he started on hi
rounds OF the building; that he saw
Claude Stewart at the building tina
evening as he usually came arounl
TO fix the clock; and that he yisftes
all of the stations in the building 81
the manager would know he had beer