Valdez daily prospector., 1917-01-15


 which visited Valdez on the morning of January 2, was begun at 10 o'clock this morning in the district court room before U. S. Commissioner G.. J. Love. The government was rep resented by District Attorney w. N. Spence. assisted by Attorneys Lyons & Ritchie. The defendant was rep resented by Attorneys o. P. Hubbard, of Valdez and Leon c. Booker of Seward.
 Attorneys for the defense won the first legal battle on the question of combining the five charges against the accused in one hearing. The court held that this was perfectly legal, but if the defense considered such pro ceeding jeopardized the rights of the defendant he would have the charges brought up singly, and on the insis- tance of the defense he so ordered.
 The first charge taken up was that of setting fire to the residence of Frank Hudson and the postoffice . block Charles R. Crawford was the first witness called. He testified as to the value of the postoffice block, which he stated could be built for be- tween $4,0OO and $5,000, without the steam plant.
 E. s. Larson was next called and testified that the postoffice building without the steam plant, could prob ably be built for about $4,00O. On cross examination he was asked if he knew that it had cost S2,O0O to put the building in shape for the postoffice a little more than year ago. Said he did not, and if that sum was paid someone got more than they were entitled to.
 Both of above witnessed~ qualified as expert contractors and builders.
 At this point the attorneys for the defendant moved that the witnesses be excluded from the court room. Some argument ensued between op- posing counsel on this point, and again the court ruled with the gov ernment as to the legality of the question, but eventually ordered the witnesses out as courtesy to the de- fense.
 William Thomas, chief of the Val deg Fire Department was the next witness called for the government. He stated that the first fire on the morning of January 2, apparently started in the Arcade Cafe and the Golden North Hotel. Fire did not ap- pear in the postoffice building until several hours later, he thought about o'clock. At this time the Alameda hotel had completely burned, the fire in the Ellis block was under con- trol; the Big Place" and adjoining buildings down and only heap of smoldering ruins, as was the Golden North, Arcade Cafe, and the s. Blum < Company's store. He was in front of the postoffice building when the fire started there. Apparently started in the rear. First saw smoke com ing out of safety fiues around chim- neys. He was not cross-examined.
 William Meals, a member of the Fire department, was the next wit ness called. Thought fire started about 4 o'clock. Was at work on the fire in the Ellis block when the fire in the postoffice building started. He could not tell just what time the fire started in that building. First saw smoke coming from flues. Went over there and tried to go up the stairs, believing fire on upper story. Was without lantern and lights were out. Smoke very thick. Turned back and with assistance of c. J. Todd, whom he called, closed front door to pre- vent draft. Went around to back of building and found flames breaking out the rear. Also testified that the Ellis block fire was under control and the Golden North Hotel was com- pletely burned down and only small heap of embers marked spot.
 William Schmidt, bartender at the Buffet, was the next witness for the government. On January 1 went on shift at 1 o'clock and remained on until II o'clock at night. Knew the defendant we'll. Said Kanitz came into the bar room about g o'clock on the evening of January 1. bringing with him a paper sack full of whis- ky flasks, which he exchanged for a flask of whisky. While Kanitz was there an odor of kerosene was mo- ticeable, and remained for a time after he went out. Odor noticed and remarked on by others in room. He thought lamps were leaking and ex- amined them carefully. Found them