Evening journal., 1914-12-30
DENIES
Store BURNING,
ALTHOUGH HELD
Fire Chief Says Gasoline
Fumes Were Strong While
Dubar'S Grocery Blazed
CHILDREN IN House
WHEN FIRE BREAKS OUT

Dubois was held for the Court of
General Sessions, in $4,000 bail on the
charge of arson, after a preliminary
hearing in City Court today. Mrs. Du-
bois is accused of setting fire to her
husbands grocery store at the south
east corner of Second and Franklin
streets, on Christmas day
Although the. woman's two little
children we're in the house at the
time of the fire, Judge Churchman
did not think there we're grounds for
holding her for arson in the first de-
gree, the penalty for which is death,
as no malice was shown. Judge
Churchman said he was of the same
opinion as to the second degree Of
the same crime. He added he had
not the power to try the case for the
purpose of determining the woman's
! guilt or innocence, but to consider
the question of probable cause OF
holding the accused. She was held
under that section of the law relative
to attempts to destroy property for
the purpose of defrauding insurance
companies.
Henry Long, of No. 1911 West Sec
ond street. was the first witness
placed on the stand by the State. He
told of passing the Dubois grocery
. store and of assisting in smothering
! the flames According to the witness
> he saw Mrs. Dubois coming out OF
] hnf
- Long added that he threw water on
a the burning woodwork.
Fire Chief Patrick Magill, who was
. the principal witness for the state
:, told of arriving at the fire at 1915
II o'clock Christmas Day, and of finding
Jar containing about ! l-2 gallon:
!. of gasoline in the place The chic
~ declared the shelves we're burning
~ and he detected the odor Of gasoline
= fumes from boxes on the shelves. H
added that he found paper and straw
- on the floor and saw a gasoline stoy
~ "burning low" Chief Magill said h
- caused Mrs. Dubois arrest.
y Following a short cross-examina
~ ton by ]. Frank Ball who appeare'
for Mrs. Dubois, Chief Magill left tn
o stand and the State rested.
!, Motion to dismiss the charge wa
Il made by Mr.. Ball, who argued tha
s. no testimony had been Introduce
y connecting the defendant with tn
=, fire. r
m "Your Honor, there is not a scintil
sr of evidence concerning the defendant
lie this case" Mr.. Ball said. at is NJ
Is even shown that she owned the store
8 even lived in the place. The witnes
3 Long. said he saw her coming OF
wringing her hands. /, therefore, a'
!. that the case be dismissed"
III Judge Churchman denied the motto
pointing out that it seemed proper II
the defendant to explain the presence
straw and the jar of gasoline IN Il
store. He also commented on CHI
Nagilrs testimony concerning the scel
of gasoline and burned boxes.
Following the courts refusal to dl
miss the case. Mrs. Dubois was called
her own defense. She denied setting ii
to the store.
, Detailing her movements at the tir
Of the fire. the witness said she W
III notified that the place was on hre
NJ two Young men about 10 years OF az
hi who helped her two little children a.
herself from the building.
Regarding the straw and paper. MI
Dubois said both came from boxes
tea and dishes received at the stoI
ne Mrs. Dubois said her husband left u
store about II o'clock on the day
the fire.
mn Mrs. Dubois stuck to her story du
val ing cross examination. Efforts OF q
OF State TO prove a motive for the alleg'
to crime we're blocked when Jud
an Churchman sustained Mr.. Balls o
he lection to a question relative to q
he witness knowledge of the alleged a
ms. ton OF her husband, who insured q
1tO store stock and household furnitu
to- on December 5:
,as The court held the question il
us- proper on cross examination of the d
ult lenses witnesses.
cir David Dubois. husband Of the a
Sos cused, supported his wife's testimo
~ as to the paper and straw. He was
~ norant of the fire, according to
- statement. as he left the store at
en O'Clock on the day Of the blaze.
~ did you have an understand
o' with your wife about the fire% \
h'' Dubois was asked.
"No. sir" he replied.
Walter Richardson, Of the ].
=, Richardson Grocery Company. was
= W. W. important witness for the defense.
. W. told of selling tea to the Dubois stor
Jesse Johnson. colored, and VI
: W. W short, and a driver for the Richa
one oSn o1,n.o C'