Show THE TRIAL kit Bron slit out Agai ait AID tie former h rt for Uis liI rl 1 oat of being fatal THE ALLEGED TRIED anil released Is alie preliminary examination of tle suspected men charged with araon waa bead bedord J uban e pee yea erday at 1 p in golden and were brought from city jail looking none lie worse tor golden ia ra her flashily crested and has a li cunning anille and appears to be a man who boona butt to get albig in the world he die not ai pear to think the charge but laughs the mutter off simms on tie other hand does not take bis confinement with complacency lie profesa pr olesa hafl innocence and speaks harshly being incarcerated in cell where be baa no to torn around french la quiet says nothing but tikes bis unconcerned he lias been ton tined in alio county jail since his arrest when lie prisoners were seated golden and simma on one eide 0 the house and french on the other the latter attempted to walk acres to his fellow prisoners officer brown him half ft ay and lorcey him back to his seat french then called sir bainter over to him and they whiskered together a few minutes on seeing this move mr S turned to the reporters and said ita a shame the way this thing is carridon carr cdon that man referring to brou n has told me that there is clothing against me yet he keeps me in jail its a bhame to be kept ia jal where the lice are crawling around by the thousand the place no bigger alian a large dry goods box w here ilia noial cl the internal hobos ae shat lenng a fellows nerves it is a disgrace to christianity mr brown bays I 1 have bad nothing to do with the burning but ill apprise you of the fact thai there is another charge hanging over you rogers has taken golden and french and pumped them a nonentity in lie matter still I 1 am in jail Is that just Is it right ill tale steps to sue the city fir damages as eoon as I 1 got out brown Is after that leward it will cost ilia city more than before I 1 get through with it I 1 would like to help him out with the reward but I 1 cant do it by sacrificing his liberty in this strain he continued talking with the keenest of and treatment at the city jail while thus talking he reporter french bei boned for a pressman to TIIE reporter w ent over to him he said 1 I think the papers ouight to eay something about tue conditions in the county jail A w juaan named lou cleveland is confined down there in a cell and is only allowed to go out to care tor her the mm have been locked up she has no convenience and under all circumstances is under the gaze of the male prisoners unless they are locked op she ought to ba confined in that way by this time sir pa anter aided how old arayon judge 7 the judge hesitated for a moment evidently comparing ia liis bow bis answer would compare with his appearance and then answered forty four sir well die before the trial after a few more witty and answers the an that they were ready the defence cellared themselves prepared by this time the coart room was spectators anxious to learn the result of the trial mr kalapp we move that the defendants golden and simms be discharged as we have been anable to obtain any evidence against them the defendants were discharged and immediately left the room the case was continued against french W 0 miller was retained by the as stenographer in the case W J stephens was the first witness called bainter and murphy entered an appearance as attorneys for M M french they ere given a few minutes conversation with their client and then alie cae ca e was proceeded with mr S epheus testified that he was the owner of lie novelty theatre that it was destroyed by fire on the morning of alie 0 St pember witness described the building and its location win II 11 codington Coi ington was called he testified I 1 was janitor of the novelty theatre lodged at the rear remember alie fira it started in lie dresing room under the stage I 1 was nc at atie baft eide ct the stage between the at the time entrance from stage to dressing room was by stairway on west side at alie bottom of tho stairway there was a hau leading to the male and female rooms the building is lifted by gas acal oil lias never baen used the fire eta ted in alie dressing room and brawled trawled ap the stairway alien I 1 it I 1 ran out through the back door and yelled ire two men came running down the street I 1 told them there was a fire in the back of the building eoon there was a crowd there did not recognize the men I 1 final taw cross examined did not know hit the gaa had turned off at the gifter it was the bostoni to do BO L A taber doorkeeper at the novelty explained the rear of the building will a map there were two doors leading from the rear on to stage and two giving light to the dressing rooms under the stage the building is lighted by gas there in no oil ased I 1 limed off the jea in the rooms and alien turned the gas off at the meters I 1 waa the lift man to leave and gave the keyn to youngton this waa at in the morning thirty minutes latr I 1 heard the alarm at home I 1 got up went to the alre found a lage crowd there alie fire ft as at the rear did not know french by name but had neen him at the theatre lie had been in the habit of coming to the theatre to bee mr monroe I 1 refused to let him eglit that i the only trouble hat had occurred between us cros examined tho last woman hoa in the dri room about it was hercles hern les to on he stage or in the dressing room it would not have been very healthy for any one to have been in the when I 1 got there did not whether the windows to the dreeling dree eing rooms cloned or not alie front door was open when I 1 got to the fire frank monroe was called he testified that lie was the an krietor of the th atre on the night ot the fire I 1 left at 3 a m we only icae pas for lighting know of no oil can in the building officer wro brown was called he placed on the eland a ano gallon coal 11 II caad glass jar covered with elieen ing which wag paid to have been found under the debris at the novelty theatre he testified to liming made the arrest ot frem h had seen the oil can on the table bedora paw it first on sunday ot CM at 5 p hattlie matt lie rear of the novelty theatre in the cellar it was lying on its bid nine feet horn the south wall L R sheriff belnap were with me at the time it lay a little east from a direct line of the window it could very easily be thrown there from the window baw belnap measure the and be paid it was nice feet the can had been in the fire after finding alie ran alie sheriff took lie can nod we walked across the street to a litie grocery it was thra shown to a lady before exhibiting it the udy was asked to describe the can grots examined thought it possible to have put the can since the fire in talking over matters we decided that alie place had been set afire and suggested that we go and look for some signs we stopped at lira pace and she us she had loftt an oil can which she described did not know but that it bad not been socially prepared for finding Ile direct the walls had been torn down aid the debris had been removed this search lasted from fifteen to twenty minutes in the vicinity of tr e can before it was found we arike 1 sir calven the brick mason removing the debris if he had seen anything but he answered no some of the plasa n as on the outside of the can when found W J stevens waa recalled re called he stated they began the work of throwing out the debris last friday they have nt reached the bottom of the dressing room yet they are yet two feet from the bottom the work was done supervision sirs kate maddy testified my hubband has a fruit stand on twenty fifth near corner of grant I 1 used kerosene ker orene for bigit and bad it for the three months 1 have been in the business before the fire I 1 lost an oil can of glass in tin with the word daisy on it w lien I 1 last used the can it waa neaily full I 1 filled my lamp on thursday sept lev IOK tha can over halt full I 1 have not seen it since then saw the remains yesterday cress examined the can is the bame make ai that of the one I 1 bad lost baw it last on thursday the it waa standing on the outside w here any one could take it ke direct I 1 had two other cans on the stand they were empty and were left on the stand the one filled with oil was taken aibel noalen testified I 1 live in odan know defendant had known him before the burning of the thea ire wag present during a concersa tion with french in which monroen monroes Mon roes name was ment obed it occurred in the lyceum in a box mr dick hansom was there frenchi said lie see the place burned down meaning alio city alie second conversation was after the fire at mr and mrs batons Wa tons room they being present french said he was DOW even with monroe we had been talking about he aid that it was the same be bad been talking about at lie lyceum was not present at another time when french was present and was talking abigt the fire cross been biere four months worked at both variety theaters mr painter you were turned out of the lyceum were you not objected to by the prosecution mr painter I 1 propose to bhoj that the was turned out from lie lyceum for holding improper relations in the b aw and as her testimony directly bears on defend int we have a right to show her character in this regard mr rogers stated that ilia defence could cot implicate her character except on a point at issue nor need she answer which would subject her to conviction of a felony mr painter now slated that lie only wanted to know if she bad not been turned out of the theare in order to that she hid ill feelings against the lyceum mr that the lyceum was not on trial and mr painter with drew bis question and continued the cross examination the first conversation occurred at the lyceum about sept dick hansom was there be is now in this building mr painter what were you talking about babore french eaid what you say he did witness it was not anything pertinent to this matter mr P I 1 want all the conversation you are not the judge as to whether it is relevant or not witness well I 1 wont give it the court aaker her a few questions and the said that they had talked about fires which hd taken w hen mr french eaid witness continued ata time previous french had stated that people had interfered in his business and he would like to see the town burned down at Watson fl room be said the same and added that be was now even with monroe anne trouble ind occurred between defendant and mr monroe some time before I 1 was not present but heard the trouble talked over in angry words between the two parties I 1 have bad conversation w ith golden never said that I 1 proposed to swear to a lie if necessary nece esary BO as to seed french over the road but help golden out lave been under surveillance of the officers s nee the arrest of frenchi Fren cli am en gabed to be married to mr golden mrs lucia watson testified that alie name of her husband was II 11 II 11 wats n I 1 know french we knon him as thomas french since list july never knew him by any other name resided at smiths family hoel french resided there also I 1 have worked at the novelty and ly beum while at the novelty I 1 became acquainted with french was present at a conversation w here french of the novelty on thursday alter noon after tha firo I 1 said to him what do you fire lie answered 0 nothing it will never run again you fret though because you can TO the lyceum and get work I 1 told I 1 did not like to work there as well as I 1 did for monroe he said well it will never run again ill give you a pointer on that at the balloon ascension a day or two after he was talking about going to work at the lyceum and I 1 said why do yon want to go there and work they have so little business lie said well they will have more business in a day or two it has gone up once and it will go up then talking abdal the novelty beard a conversation once when they were talking of sand bagging monroe golden french and mr watson wera in the box at the novelty one night and they french and golden were talking about holding up mr monroe mr watson heard the conversation they expected to do it the same night they did sot have ft bind bag so they brought outa rubber hone this they would use but they could not put any band in it aa the other end could not e tied golden suggested that they put stone in one end and said that all lie hantid was to get one at him and he would lay him cold french thought he had better get the loan of a gun and raid wed put that to him and if he squeals well shoot lam dead this I 1 think was agreed on mr wat son bent mr monroe a note to the effect that parties expected to rob him and advised him not to go homo hit night croas my work is to go on the stage rustle in the bobea by rustling la ho boxes f mean eci ecoling ling beer there first biter the fire the next conversation was the following day he save as one bacsa for his of manroe that he charged him tor ad to the alfa re he bild that there was no use of my going back to the novelty for it would nee run again it was a pretty good understanding that he expected to burn tie placa or do something else I 1 am only held as a witness I 1 faiet told the atory to mrs oatley and then to the olli cers coy husband is a gold emita ant has not worked at it for some time when rustling in the boxes I 1 w talk and seek to ecal them beer mr painter it was part of your business to eit on the felloe slaps it Witness Well my business not yours the defence objected to the question as it did not pertain to the point in view the prosecution held that they bad never visited a variety abeare a d d d not flunk lie coort hid and therefore desired aaget some tion as to what was really meant by in the boies the court however considered the irrelevant and the coun feel took am ther tack the witness at their request again described lie sandbag and then continued the testimony it was their intention to rob they said they were gaina to bold him up and in their burices bu sices and profession ahat meant that they would take what he had ahey used to tell me and my husband they were going to hold up bome one they made that much of confidants of us goow they have held op fc everal men as to the particular time and place I 1 can tell of one I 1 dont know his name but they stopped him oce night acting as police and took from him A bomber of articles they then went off a little distance and when they found that the watch iad taken was a water bury they returned it to the ow ner aa it was not much at this point he court interfered and stated eliat they were not trying a number of robberies at present and that if the decenco desired to know anore of the business of their former client and the present one in that regard they could do so after alie present pres ent trial was concluded the prosecution were listening with rapt attention and were perfectly willing that the examination in that strain should go on though the admitted tatt it was not proper coobs examination the counsel for alie defence after a few futile efforts to continue oa the they were discovering abandoned that part of the alleged cross examination witness continued the men pro post d to bold up moo roe the tame night they were talking of it of facer smith carried the note to sir monroe wm brown was recalled I 1 was in the sheriff 8 office S inday afternoon rogers belnap and french were thretha th rethe burned oilcan wai also there french hid aked to acee golden and rogers said bring him up aid ill talk to him when ha came up lie expressed a desire to eee golden in presence of the officer at that time air rogers took off the cover from alie oil can and asked liim it be had ever it before lie said 1 I belice I 1 hac ben trying to find that io the one I 1 have been looking for then touching a piece of the glass sticking out he said what is thata some ol 01 the diamonds that fell in th fire mr said that be did not think there were many diamonds in there |