Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-07-29
FORMER Y. M. c. A. SECRETARY
ANSWERS ARSON CHARGE IN
COURT.
DEPUTY FIRE MARSHAL
TELLS OF INVESTIGATIONS
Lawyer and Witness Clash and Ugly
Word 10 Passed During Examination
Of State Official by Attorney for De-
fsnss-TriaI Result Of lneendiary
Fires in Y. M. c. A. Building.

Council Bluffs. July 2s.-Wlth ]. A.
Z Tracy. OF Des Mo;nes, deputy state
fire marshal as the frs, witness, the
preliminary hearing of Warren F. Cot
trell. former genera! secretary OF the
Y. n. c. a. here. upon the charge CT
setting FIRE WITH intent TO burn. was
commenced before Justice Joseph yes
terday.
From presen, indications the hearing
viii consume the greater part OF cTo
days The entire forenoon was required
for the examination OF Mr.. Tracy, and
the state still had g number OF VII
nesses who will be puI on the stand.
The defense will probably offer some
testimony. also.
The iaforma ton against Cotuen IS
result, OF ave incen6iary attempts 10
destroy the 7. 81 c. 4. building last
spring Following the investigation
into the fires. and at Cottrel's request
an information Of insanity was a!eo
against him. and after hurried near
ing before the county commission ne
was committed to Cla-inca. He vas
released within q few weeks time.
County Attorney Capell was absent
from the city q, the time Of the n
sanity hearing Upon his return ne
called the attention o. the state ire
marshars Office 10 the case, anu NJ.
Tracy was detailed 10 make an inVesl!-
cation In the meantime an inlo'--la
ton was fled against CottEe-, ana Ne
has since been under bonds
Cottcell and his wife attended the
entire hearing Monday. paying c.osa
=
fort made by Co,uells attorney. En-
met Tinlev. TO bring out the facts IN
the case The state IS represented 0!
County Attorney CapeN
Fire Marshal on Stand.
The DEPUTY fire marshal on the wit
ness stand Monday gave little in1or-
nation that was not brought Out At the
.;,ne of the fires or during the insan-
ity hearing He told OF his Visit TO
the 7. N c. A building II coH2Pao!
with ". J. Leveret1, one Of The direct
ors. OF his meeting with CortreA ana
.he tanitor. and o. their trip over the
building to investigate the scenes o.
the several dreG
Mr.. Tracy also detailed converse
ton with Co.reil in which the latter
gave him the names OF various locEers
In the building and others Who were
employed there. Cottren suggested the
possibility, the witness said, that
FORMER tanitor Of the building might
cherish some III feeling against the
association, and also brought up the
name Of boy who had caused the
association officers more or less
trouble.
When the name o. the BOY was asked
by counsel for the defense. Mr.. Tracy
referred to a voluminous menoran-
dunn which he carried in his pocket
The attorney asked permission TO see
the document. the witness refusing 10
comply with the request on the theory
that it was his own personal prop
ertf.
For perhaps thirty minutes Attorney
Tinley endeavored to learn the con-
tents OF the memorandum. Justice Jo-
seph refused TO direct the witness 10
turn 1t over TO the attorneys. pron1is-
Ing to rule on the matter in the az
ternoon. The attorney persisted In In
curing as to the notations contained
IN the document. the county attorney
vigorously objecting TO each new cues
ton along this line.
Just before the close OF the fore
noon hearing the argument between
Tracy and the defense attorney be-
came somewhat heated, the attorney
tmputing unfairness in the methods
employed by the deputy fire marshal.
He suggested that some OF the facts
regarding Tracvs methods would be
brought out later in tae trial Of the
case.
That Short. Ugly Word.
7 know something about you and
your history" Attorney FINLEY sug-
gested. turning to Tracy.
That is all right, i: am on trial.
Tracy replied.
we'll. you were on trial once" Tin
ley averred. 1t is nor your saul,
you are not in the penitsntiary."
That Is a lie Tracy shot back.
Tho attorney jumped to his feet
80 4 isn't sir. ne eaoiai1ne0
pointing his finger at the witness
Were you not removed from Office b!
the president Of the United States?'
"No. sir" Tracy iterated vigorously
BY that time the two were getting
close together. and the court raped
for order, pointing out that the ale
cations had no place IN the trial OF the
case. County Attorney Capell jumped
to his feet and took a. position neal
the two men. At the courts direction
the argument was terminated.
States Case Not Strong.
Thus far the state has not mad
much of . case against Co,trelL ]. G
Galbrach. Of the Burns detective
agency, testified how he, IN the guise o
an insurance adjustor. worked for two
weeks on the case but failed to get AM
direct evidence against Cottreu. De-
PENDANT Is making a strenuous fight
!