The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-06-10
DICT0PH0NE MAY
CONVICT IRWIN
Alleged Remarks That
Parson Made Caught
by Stenographer
NOTES" ARE ENTERED
Defense Objects, but Court
Overrrles-Accuracy of
Transcript Attacked

ny tho Associated Press state wire.
JAWTON. June 0 The
fight over admission in evidence OF
the transcript OF alleged remarks
made by tho Rev. Thomas j..
Irwin, and secretly recorded with the
aid OF u dictophone device. which
formed tho bone OF contention at to"
days session OF tho preliminary
hearing OF MIR. Irwin and III. G..
Lewis on charges of arson, In con-
nection with fire at the First
Presbyterian church here the night
OF April %. was won by the state,
After day OF wrangling between
attorneys, Justice =. II. Harrer ruled
TINT the stenogra piers record OF
notes she testified she took while
listening in" was admissible.
Prosecution Based ON "Rcmarks."
The state rested It's case late today
and the hearing adjourned until to-
morrow morning.
The alleged conversatlon upon
which the state bases Its case was
recorded, II was testified today, dur
ing court OF inquiry conducted by
County Attorney Riley into The fire
at he church and an alleged as
sauh upon Mr.. Irwin.
The record purports TO be a con-
versation between Mr.. Irwin. H. G.
Lewis. Frank Davis. Il. ~. McQuinn
and A. j.. Young. members OF the
minister's former church, who wero
nthe witness room at the courthouse
where tho telephone device was So
cTeted.
The defense waged a fight against
admission or the alleged conversa-
tlon on the ground that II was not
germane to tho case, but as recorded
tad lat ~
Tho state, however, laid particular
stress upon the remarks which the
stenographor at tho receiving end OF
the telephone device attributed TO
tho minister. whose voice she testi-
fled she recognized.
The remarks of Mr.. Irwin as en-
tered IN evidence follows:
you can take turpentine and cot
ton and cause an awful explosion In
little while. We intended TO come
out before there was any illumln-
alton. IL they had boon 10 minutes
later we would have had the thing
done. The fire chief came Is min
utcs too soon. We kept the door
closed. 1t was closed to keep the
fire from showing. That one In the
Kitchen was closed all tho time. IL
was not entered at ALL"
II was brought out yesterday that
the two defendants and b. II. Nc
Quinn left tie church building
shortly before the fire broke out.
McQulnn testified the three went to
the church on the evening of April
20 to stand guard.
Tho defense today attacked the
credibility OF Mrs. A. Burleson, the
stenograpbe' fho testified she took
Mr.. Irwir' "a ced remarks In short
hand.
TWINS cudnsei asked that the
stenographer's notes be submitted
as the best evidence in the case.
rho witness testified the notes were
not available. that some of them
had been destroyed by her baby.
The authenticity OF the alleged re-
corded conversation will be at
.acked by the defense when the hear
Ing resumes tomorrow.
The accused minister said after
today's session the only reference
made to turpentine and cotton In the
witness room at the courthouse was
in remark by McQuinn during a
discussion OF how the church fire
might have been started.
McQuinn, the minister said, re-
marked that someone could have
tgnited 4 bunch Of cotton saturated
with turpentino. thrown It through
a window OF the church, and tha,
the fire could have been started In
that manner.