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Show LAW, FiBE WAXES. Loals Kolllz. of lbs "Kaady Kilcieu," Tried on Serious Chirfti, inn in: nisTitov Hi!) (iOuusi Hid IlaJInUa I roil lulent (latin I p in tlio Homo limirftr.ee (,'t innai j I Apptal MltlnlravTU. After alloy's Interval, Iho trial nf ottos on the criminal ett'en lai was resumed thl inorulu j before Chief Jue- Hon Zne, In the Third illttnot court. AltUAt. WITIID1IAWN. In tho earn of Bslt LAo Clly vs Louis Hobeln, who was (loud $16 and costa In l'dllco Juitlcet Killer's court for vlolatlug tbu Bunday ordinance, lr kioplng oien lilt eiloon on Bundn), an J the appeal In wliloli Woj ict for l.carlni; on tbo btii InaU Attorney Clarence W. Hall, ou bcbalf of the defendant, statoJ Hialhudcelred to pay the (lno uuetsed and have Hie op peal dlimhiod. Tho crate had buen trevlouily paid. The money was handcJ over and Iho case struck out. who mo ni LiulsKolIti, thu"liondy Mtchon" man, who formerly carried on business on west First Bouth strrel, surrendered on his bond (or tlltl on two counts making fraudulent clalma of Insurancu and dittroylug Insured property. Assistant District Attorney Btephcns apjicared to protecutt; Judge I'owera and Attorney B. H. Lowls deferdod. TheseltctloiiBf a Jury took somollitlo time, both sides exhnuttlng their cbsllengrt. Ten of the number wero soon chosen, but It was In the filling up of the remaining Jurors that the dlllltulty waa experienced. l'rosucutlng Attotney Blepheos very briefly eutlluod Ihu facts to the Jury, after w htch Attorney Lin Is, for the defenti-, Insisted that Ihue pro. ccedlugs weiu the outcome of a con splracy agalnat tbu accuiud. The (Iru took place In July of last ear, an adjustment ad-justment was made by tho Insurance ufilurs, and IColIti was (aid. J'our months rolled lound nnd then be was arrested at the Instigation ul one of Ibe principal wllocasta for thu prosecution, a. 11. 1 burgoul. This i raon was ono of the adjusters aud lis J previously been In tbeemloy of Kollli. A tnl-understnndlng tnl-understnndlng took pluen cetweou tho two men; Kolllz sued Taurgood, and subsequent thereto Thurgood sworo out a complaint ogalnit tbu ether man ou thu prcsont uhurgca. A boy named Donaldanu, whu was al9 'n tbu defendant's de-fendant's employ txforu ibu llru aud had been tllichargtd by Kollti, waa another wilneia for Ihu prosecution; so was Mr. Langton, of whem Kollli waa a tenant, and who aftoiwarJs I lull In to J a lawsuit against him. All ths witnesses, In (act, wore directly Interested In Ibis atlatr and cninilesol tbe accused. Ileforo the csiu tor tho prosecution oaued, Judge Towers took exception lu tho Indictment, on tlio ground that It diductslstu nry pulllooflonte; Hiiro was no allegation that the property said to have Loon destroyed by tbu dtfindaat was deilroyed with Intent to defraud or Injure tbe Insurers. This, beheld, waa a latal dsfuol. Hio objection objec-tion was, however, overrulej. Mr. Jl. I'. (iraut, manager of the Homo l'Iro Iuiiirauce Co., Inwhloli olllcu tbo defendant's stock, etc., wso Insured, was the tint witntts. The policy produced ahowed the amount of lriMirauco to have been $1141 , aad the attached receipt trtatS093l waspaldover Ibu ululm. Wltuessrald tho fire on Hie dtfsudant'a premlns, situate In the Kijultablo building, occurred on thu m iruiug of the 17lh of July, 1892. Judgo Powers having raited an objection ob-jection t) a certain question referring to certain articles included In Ihu stock, arguing that shell nut o.uld not be construed aa confectionery "tandlra" or "articles In procota of mauufitture," as act forth In the ln-dloliuunt, ln-dloliuunt, Attornty Htephona temporarily tem-porarily withdrew Mr. Chant and called W. i:. Thurgood. In June and July last, hu tald, he as employed bj the defendant as a candy maker ut his placu of bualnoaa lu thu Equltnble building. Other otjeotloua were here ollcrod nnd exceptions takeu on Iho word confectionery, con-fectionery, when Judge Zsue said that the term waa oulyngbtiy understood byexperlenced men, aud counsel might call audi tu the stand. Attorney Stepbena What Is com. prised wllliln the term "atocx of con. ftotloncry?" Wltuteaanswerod that It consisted of caudles, but that lu the manufacture man-ufacture o( candy It waa necessary neces-sary to have nut und materials of that kind whatever, lu fict, wa necessary to make It. He hail had fifteen ycais experlencu as u candy makur, both In Hilt country and Jhiglumt. Coutluiilug his evidence witness wuut uu to slain what tbo gouernl stcck tnoluded at the tlniu he wus with Kolllr, Wltctss reached the storo ubout iilno o'clock on the inorulug altor thu lire aud looked through thu stock with the defendant ami unuthi r. Ho saw Kolllz tike up some dirty water, drew boxes of cleau 1'onilon cream from underneath the table, pour the water upon the contents, nud stir them np. He then did the- oaina with n half bucket of molasses and about thirty-lite ixiuuJsuf cucuauiit, stirring It up with a charred stick, Kolltz alto trlod to ; ut bis heel through n cane seated rocking chair, but tie did not siucecd und told "Joliuuy" Doualdeou to tluuit a ttlck through it. which ho did. Attorney Hlej hens Did ho say an thing to you nlterlhal? Wltuete Yes, he said for us to keun quit t aud hu would llx it with us. Tuo wltneM wa cross examined hy Attorney Lewis as tu what transpired lu the cellar of tbe tlorc, wheru thu lire orlglnaltd, on the day prior tutbu outbreak, but Lothlug of Importance was elicited. 1 A'tr the tiro wltnesj anil Kolltz mmmmmassssssz went Iii'oIhuIi isis (ogc Iter mil Kelltc Iroitgbt n lawsuit kgainit him. Thl. Cvii paint wns uittrnarjt awuni out uealutt Kolliz Uliu.s, nnd Donald eon if. tnkd asaluat him In tin ulra tvuit Hoilttireil that lioliadthreitrn- d tu "make II 'iiirin (nr II He" and -'dx hhu,"ur Ir.tt rettud hlinii II in this cue to the exleut of gelling uttior wllnmtia. Iliraame evening that Kollla was bouriU over, Inn lulilln thoroughfare, while Hie il cuteil wns walking with hlawl u tad sMer, hu did call nut In hint, t-riiciaa gnea I'm llru bug," hut KulIU Intuited til Ita first, Tliu suit lirtweu Kollli und hlmnlrwaa still Iudlng In Ihe l'mr I dlitrb court. Judgu I'owera Vou never aald a word n any crsjn lib ml til, matter until yell bad ttoublu with K illtx, did yout W.tncti Y, I tolJ my wlfu and shntuld teteral ladle; tut I had loll hrrturiiy nothing about it tJ Whlluyou knew luu Inturance peojilohsd hern ilufrau IhI jou never tsld u word to thorn about It, ami uevtr madult publlo iinlll ;ou gave your Information lo Mr. H.B Matkhatn, the attorney, nnd he ewuro out ttils com plaint, alter you had hud Iroubluwllh this mm? A Well, 1 wa questioned and I tolilwhtt I knew. (J You have ouutlderablo feeling In Hilt case, haven't Jon? A I uon't know that I have. (t You do not liko Kolllz at all, do juu? A I have no unlmoelty agalutt him. Q-Ilutyou don't like him? A Well, 1 dou't love him. (Laughter.) (Laugh-ter.) Jolintou DjiialJion, rt boy aliout (ourlten yeara of age, above referred to, alsotuiilfloJ tohavlug seen Kolltz (al.u up duty water from thuctllar floor on thu morning nficr thu lire, pour Into tho crearat, null, etc-., and ttlr tbo whole up with a burned ttlct. Aa tu tbo chair incident, Kolllz said to wit. nest, "Johnny, lako up a stick and put a holt through that chair;" and he did so. Kolltz tald It wasn pity thu whole d d placu dl Ju't burn down. Judgo Towcrt 1 niovo tj have that stricken out. The defendant It not ou trial for arson. Judge Kane Let It go to tbe fury. WltniM likewise testified that Kolllz Ko-lllz amid, "if you boys keep quiet 1 will llx It wlthyou. Judgo I'owera again objected; but Judge Kauo ruled that this statement mlmit ulio go to the Jury. To Judgo I'owera Donaldson said ho noverdtdllko Kdltz nud didn't like him now. He had, bottever, no iar-ticularly iar-ticularly hard feeling airsluit him. He did not tsy to ana Wallaoe Axlull, about three weeks ago, Unit hu was sorry hu had testified In Ibis case, but that now he had to stink to his atory or get himself Into trouble. At Hit point the court adjourned for luncheon. When the Jury bad left the room IVosecutlng Attorney Btepbena said that, If hit honor thought It competent, he woull iutroiuoe evl denco with refcroDoe to, Ihu tiring of tho premises, as tendlug tu show tbe Intent of the defendant Kolllz. He did not, however, think It rlgnt to make thla statement in tbe piuiunce of the Jury. Judge Towers oblected to any such step. The accused was not now called upon to meet a charge of arson, but would be quite ready Ul do so if an Indictment In-dictment were tlluj. Judge Zimio ruled that such evidence wai luaJralsiible. HE OOJI1M TO TEIIlta. In tbo damage suit ot Frank Leako vs. Hie llio Uraude Western Italluay company, Judge Towers Intimated that he waa willing to accept hit honor's suggestion, made yesterday, aa to the reduction of the amount awarded by tbe Jury on the trial and acoept $10,370, being 3000 lust than the sum given ly the twelve. OuUliT NOTLB. Attorney J. II. Harrir, aa referee, lit given hit decision lu the esse of Heeschit Lllurbeck vs John Morgan aud wife, wlirreln Ibe plalntlll. sued to recover IIO&iMI alleged to budue fir certain plumbing and steam-heat-lug work dono at tho Morgan hotel. Tho referee (junJ fur Hie plalutllla In an InJctlnlte amount, finding also that it portion lithe work bad notboeu douu according to contract. Ha did not know what sum would Invu to be ex ended lu making thu plant jtr'eol; lit nee the Indefinite-Judgment. Tho preliminary examination ol John Kmlth nud 1 rank Howard (colored) Jennie ltcgcre and Llizle Gardner, white girls, ou the charge of (orulcatluii (as mentioned In yester day's Nkw ajoooupled a long time lu Cummlsuloner Trait's court jeeterduy afternoon. Ah tbu defendants were held lo await the action of tbu grand Jury, the court fixing their bonds at 3D0 taoh. Tbo action of J. W. Kennedy vs W. A. Btsnton et al, numbers of the 1'. O. H of A., iu wulch the plalntlll sued lor fi3.o0 ulleged to bu duu (or rent, wss taken up before Juitlco Lochrle yesterday afternoon. Ibe cmj was dltmtiaeit as tu ten of tbu dt(endaut aud proctedod Willi agalutt Ibu ethers until Ihu hour of aujournn ent. The heating waa n turned Ihla morning. Tho Well Annlo Mining and Milling company llleu nu action ajiilnst T. W. Madaeit in Ihe Third district court last uvsnlng to collect 1300 ou a promli-eorj promli-eorj uttt. |