The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-12-12
Hit.
in Souder
Arson Trial
Courthouse Was Fired in Two
Places, Three Witnesses
Declare-Papers Oil
Soaked.
Fire Chief f ,Testifies

North Platte, Neb., Dec. 1.-Two
fires were burning at the old Lincoln
county courthouse on the night last
April when 1t was burned. and
neither blaze had any connection with
the other, it was testified to by a
number Of witnesses for the state to-
day in the trial OF Samuel N. Souder,
former county treasurer. on charge
Of arson
Three witnesses who gave testi-
mony to this effect were Roy Wilson,
North Platte chief OF police; Emil
Traub. head of the city fire depart
ment, and Frank Smith of Kimball,
Neb., a district court stenographer.
One OF the fires was at the top Of
the structure and the other at the
bottom, the witnesses declared. al
though Mr.. Smith, under cross-exaIn-
ination by Attorney Robert Beatty
Of counsel for the defense. admitted
that he did not stop to make any in
saw in the lower section OF the build
ing.
Smith. who went to the second
story while the blaze was burning,
told the jury that the fate OF his
typewriter was uppermost in his
mind and his personal safety enter
ed into the matter 10 some extent
as ne realized when he ascended the
stairs thai fire was burning beneath
them. Smith, ACCOMPANIED by Law
renee Payne OF North Platte testi-
fled that the courthouse door was
unlocked when they entered.
Asked by County Attorney Jones
II he had noticed any oil cans in the
district judges room on the second
floor, Smith replied negatively.
Payne, under direct examination by
the county attorney. asserted that he
saw a light under the stairway which
appeared as a fire because of smoke
coming out" County Attorney Jones
then attempted TO bring out whether
he could see II there was any connec.
tion between the light under the
stairway and the fire at the top of
the building. but Judge Tewell Of
Sidney. presiding. sustained an OBJ
lection by the defense.
Another witness for the state,
Ernest Rineker. a druggist, said he
saw light in the south end OF the
courthouse but, under ross-examina-
ton by Walter V. Hoagland for the
defense. he was unable TO say
whether IT was a fire.
Much Of the afternoon session was
consumed by the producing OF ex.
hiblts by the state which the prose
cution alleges were found in the
burned building by Fire Chief Traub
and the state fire marshal. They
consisted Of county records. includ-
ing some char1,ed tax receipts. which
Traub declared had been soaked with
oil.
Tranb said he smelled the odor of
that 1t seemed to be upstairs" II
was on the second floor Of the struc.
ture. a two history brick affair with an
attic. that the witness asserted he
had found the receipts.
So thoroughly had the receipts
beeA soaked that the oil would drip
from them when they were squeezed
the fire chief declared.
A eharred American flag. which
the state contended was found in n
keg in the courthouse. was produced
but defense brought out that Traub
had not seen IL from the night of
the fire until It made its appearance
in court this afternoon and the court
temporarily ruserined an objection
TO its identification by the witness.
Trauh had Declared the flag had
been soaked In oil and was asked IL
il still smelled of tha, odor and re
piled that IL did.
About 100 spectators were in the
court when II adjourned at $50
O'Clock, with the state producing
photographs of the courthouse debris
taken by W. r. Brown. North
Platte photographer. Among the
spectators WAS the defendants wife.