The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-11-26

reouttal. and kraft's sister. Mrs
frank Stegman. was placed on the
stand She said that she lived within
nalf a square OF the box car FIRE. and
that she walked up 10 the IRE with
hraft- Cross-examined by Mr.. Koran.
MIS- Stegman said that Kraft came to
her house fifteen minutes before she
learned there was a fire.
Charles Kieldsing. city councilman.
and kraft's half-brother. followed on
me stand. He told of chasing Fred
Meme away from the front of his
nome on different occasions. IL was
inferred that Menu had been logging
hraft s-stepS. At this point the state
rested and the taking OF testimony
was completed at 1i:20 o'clock.
As soon as the testimony was sub
mtted; arguments on the instructions
started. which argument lasted for
some time. Several of the instruc-
lions were refused. and court ad-
Journed at 1880 until = o'clock. At
torney Addleman stated that he was
Wiling for the case TO go to the jury
WITHOUT argument.
The instructions allowed were
sweeping and governed the cases of
clrcumstantial evidence. and said that
IL the jury believed that the cfrcum-
stances were strong enough against
hraft. even though no one saw him
set IRE TO. the buildings, then they
must ind him guilty. The crime of
arson was described IN detail. stating
that such acts are usually confirmed
py clrcumstantial evidence and not by
eye-witnesses TO the crime.
Afternoon Session.
When court reconvened at o'clock,
Attorney Boyce stated that he desired
TO argue his case. although the state
1ld mol: and each side was given one
hour. The instructions were then read
10 the jury. stating that in the case of
arson, 1t Is immaterial how little of
the building Is burned. IL only the
nbre OF the woodwork is charred, the
on ense OF arson has been committed.
The burden rests on the defense to
destroy the presumption of guilt es-
tablished by the circumstantial evil
dence: Malice is a wrongful act com
mitted Intentionally without just
cause; Mere probability does not
state Fire Marshal John s. Koran
opened the arguments for the state
and stated that he was prosecuting
attorney for the whole state insofar
as arson cases are concerned. He ad-
vised the jury to weigh carefully the
evidence as submitted and not to be
misled by any false personal sympa.
thy. or anything that counsel might
say or do to detract from the main
issue az hand. lie went over the case
carefully. the evidence submitted. and
7 he admission of Kraft to his being in
the vicinity of the fires on October
-. 1914. Mr.. Horan's arguments to
the jury were very eloquent.
Boyee Argues.
Attorney s. o. Boyce. attorney for
the defense. then took up the argu-
ment in behalf of his client. the de
PENDANT. His argument lasted for an
hour, during which time he went over
the arguments submitted by the state
picking out flaws wherever possible.
He drew attention to the youthful wit
ness. Herman Snyder. saying that his
evidence should be gone over with the
greatest care. He lost no chances TO
score the police and also to take a
little slam at the chief of the fire de-
partment. In speaking of the witness
Bertha Fitzpatrick. he said Il be.
hooved them to stay on the good side
play their nefarious trade.
In regard to the defendant himself
he appealed TO the Jury 20 consider
his wife and little boy. and the fact
that within a few days homes would
be happy with Christmas cheer and
pleasure, while by their acts they
would either mar the home OF Kraft
or bring happiness thereto. He stated
that the state had not proven its case.
and Tie circumstances about which
Mali vas linked were not strong
enough to warrant a conviction. He
in closing. for verdict OF not
guilty.
Prosecutor Closes
prosecuting Attorney Addleman
closed for the state. In opening lie
said be was friend of Kraft's
brother-in-law and a friend of Kraft,
and anything he did was not with the
spirit OF malice. but the spirit of duty
was placed in him by the people OF
Ohio county. He reviewed the testi-
mony OF the state and the binding
that surrounded Kraft.
He went over the ground step by step
as travelled by the jury, ana that was
alleged 10 have been travelled by
Kraft. He pointed out TO the jury
that Kraft did not deny his close
proximity with every fire Also tie
said that II the fire department OF
the city OF Wheeling never did any
thing else. that the people owed ~
vote Of thanks for its work on that
fatal Sunday"
He was not abusive of any witness
He said that Kraft himself could be
blamed II any sad features attached
itself to the case at all. The man
acts are such as to warrant punish
ment. then he should not expect any
at the hands Of a jury"
In closing he asked that n verdict OF
guilty be returned TO satisfy the cry
ing need of law enforcement
The prosecuting attorney finished
his argument at 5 O'Clock. and the
case went 10 the jury. Adjournment
was taken at o'clock for supper The
jury returned at 1880 o'clock and i'm
mediately went into conference on
the case.