The Detroit times., 1914-10-15
ASK DISMISSAL
OF ARSON CASE
AGAINST GOTHAM
Defense, Alleging State Has
Failed to Prove Charge, At
tempts To Halt Trial
HANDWRITING EXPERT
is PASTORS ACCUSER
Declares Threatening Letters
Alleged to Have Been Receiv-
ed, Similar to Preachers

An abrupt halt was called In the
Gotham case Wednesday morning.
when Ward d. Choate. attorney for
the accused minister. presented . mo-
ton asking Judge Weist that the case
be taken from the juIy and dismissed
by the court on the grounds that the
prosecutor had failed to prove what
ne had promised In his opening adj
dress to the jury.
Argument was allowed by the court
and Attorney Choate at once began an
address.
Judge Weist declared recess Inn
mediately at the close Of Choate's ar
gument. He announced that he would
hand down q ruling on the motion
when court reconvened at 2 o'clock
Wednesday afternoon.
Prior to this request John Belz and
Assistant State Fire Marshal Robin
son had been recalled and questioned
In regard to minor points Of their pre-
vious testimony.
Belz declared that the stenographfc
report OF his statement made at the
preliminary hearing in which he was
quoted as saying that "the fire was
OF gasoline origin ana I would swear
to II on stack OF Bibles as high as
the ceiling" was correct
In answer to questions by the de-
tense, he insisted that the fire was OF
gasoline origin and that no coal oil
was apparent.
The case for the state Is practically
In. Wednesday morning saw little
added to the net the prosecution Is
attempting to weave.
Francis Courtney, handwriting ex-
pert. added note Of interest to the
proceedings when. armed with q large
reading glass, he went over letters
written by the minister and pointed
out comparisons to letters alleged to
have been written by enemies OF the
church and signed IA Catholic"
He declared that there was mark
ed similarity In the crossing OF the
IT'S" the first stroke Of the capital
&C. and its peak, In the connecting
line between "a" and &C" and In the
abbreviation Of Michigan" He said
he had given several days careful
study to the letters and In his opinion
there was enough similarity to enable
him to believe the writing was the
same.
In cross-examination he said he was
getting $50 day for his testimony
and $25 az fee for the original ex-
animation. He refused to compare
letters introduced by the defense
while he was on the stand, holding
that he never gave snap-judgment."
A motion by the defense to have his
testimony stricken out was oyerruled
by the court.
James Kolbert, newspaper man.
was the frst witness called to the
stand, and his testimony was brief.
Cottam's attorneys, Tuesday after
noon. attempted to show that certain
of the statements made by villagers
to Deputy State Fire Marshal Rob
inson, were obtained under threats
of arrest. They failed and the prose-
cution gave the defense Q blow by
showing that Gotham purchased three
gallons OF kerosene some time before
the IRE.
Judge weist excluded an anony.
nous letter received by Gotham. One
letter signed "A Catholic" read In
open court, took the blame for the
IRE. "
He told OF interviewing the defen-
dant at his home the day after tie
Are and OF being told that the min
lister believed the IRE was set BY
Catholics" The pastor also told
him his wife had been insulted In the
and threats had been made
as q result OF posters Advertising q
lecture on why I am Protestant"
The minister said, according to the
witness. that because of his success
az q pastor that much jealousy had
arisen In other church circles. A re-
cess was taken at IL O'Clock.