The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-10-27
FREE ALDEN FROM
ARSON CHARGE no
SAYS
CUPLER, TO HOLD
Recruiting Officer Charged
With Firing. Federal
Building Dismissed
HEARING TAKEN Up
AGAIN THIS MORNING
Several Give Testimony
Nothing d Shs9
Caused by Incendiary

The case Of the government against
w. E. Alden, naval recruiting Officer
arrested several days ago for firing
the federal building In Fargo, was
dismissed this afternoon by u. 8
Comr. A. w. Cupler on the ground
that there was no evidence to show
that the building had been malicious
ly fired.
When the hearing was resumed
this afternoon, Judge w. H. Barnett
representing the defendant, offered
no testimony, but asked that the ac-
tion against the recruiting officer be
dismissed.
In dismissing the action, the com-
missioner stated that the strongest
point in his mind after weighing all
the evidence, was that the fire was
not proved incendiary.
He further declared that a fire, If
set, in a closed attic such as in the
federal building would have had a
tendency to burn upward and in all
directions from where it started,
The fire as matter of fact, burned
down through the floor, into the cell
ing of the federal court chambers,
indicating that the fire must have
been smoldering for some time.
Father in Court.
w. A. Alden, Minneapolis, the
mans father, arrived in the city to-
day and attended the examination.
Lieut.. George A. Treadwell, United
States recruiting officer of Minnea-
polls, who has charge of recruiting
in this district which comprises the
states of Minnesota and North Da-
kota, also was present.
Shortly before noon, Commissioner
A. w. Cupler, United States District
Attorney NJ. A. Hildreth and Judge
w. H. Barnett, representing the de-
fendant, made a visit to the federal
building.
Through a number of employees Of
the federal building, the district at
torney sought to prove that the men
working in the attic on the afternoon
of the day Of the FIRE did not use
tobacco during work hours in that
portion of the building, because
smoking is forbidden.
Wilkinson Recalled.
Postmaster George w. Wilkinson,
who gave testimony at the examtna-
ton early in the week, was recalled
by the government for the purpose
of making clear portions OF his tes-
timony relative to time. He again
testified Of meeting the defendant
ABOUT A4.@W O'CLOCK OH the HAEhA VI
Oct. II, and that Alden was coming
down from the hallway leading to
the recruiting office. He said that
when he investigated to learn the
seat \ of the FIRE, the smoke was
very dense in the hall near the at
tic, and that the light in the far end
of the hall leading into the recruit
ing ofiice was very dim because OF
the smoke.
The postmaster testified Of going
into the attic about 1880 o'clock and
turning off the lights, and that he
was In the building when Lowell
Smith. night foreman in the mailing
room, turned in the alarm.
Girls Give Testimony.
The desire to show the "middies"
loaned them by the recruiting oiflcer
while they assisted In distributing
navy literature, was the purpose Of
the visit to the federal building be-
tween $50 and 10 O'Clock on the
night Of the IRE OF two girls. The
testimony Of the gkrls was to the eff
feet that they first saw MT. Alden
that night IN the marshafs oiiice,
lContinued on page 80