P. J. Halllnan, Charged With Malicious 1 Mischief, Declared Inn- cent. T(F. J. Halllnan, charged with, malicious mischief in the alleged setting of the fire in the rear of Wyman's Lx-■hange last week Tuesday night, was tried before Judge Hadley In the Police court yesterduy, ami found not guilty, Inspector D. it. Donaldson appeared for the government, and J. C\ llurke for the defendant. Several witnesses were examined.David Dickson was the first witness ■ailed. He testified to the locationand the value of the crockery contained in the crates as they were previous to the time of the fire. Thecrates were hack of his tea store. He had seen them late In the afternoon of the day In question and they were at that time unharmed.Mr. Dickson was then shown a plan by Lawyer Hurke, which the latter drew himself, showing the alleyway and the adjoining buildings near to where the fire was supposed to have ■been set.i cross-examination he testified that the value of the goods In the crates was about $60.Officer Martin Maher was then called and was shown the plan.He testified to seoing the defendant enter the alleyway, and by aid of the plan, described the hitter’s movements. He told of suspicious actions of the man when he came Into the alley.He told of how the prisoner turned back down the alley, still looking suspiciously and going Into the small side alley. The defendant came hurriedly out of the side alley and went Into the rear door of the Lowell 'Inn. The officer then started to go quickly after the man, and he had gone but 10 yards when flames liurBt out in the crates It the side alley, out of which, accord Ing to the officer's testimony, the, de. fendant had Just come.The officer found the defendant standing at the rear end of the bar In the Lowell Inn. Heeognizlng the sus pect and feeling that he could get him at any time, he ran nnd pulled In the alarm. He then returned and placed the defendant under arrest.The officer, at the time when he Saw the defendant In the Lowell Inn called out Mr. Gulllne and told him of his suspicions.After arresting defendant the latter made no talk nor did he maki protest or Inquiries as to why he was arrested until he was taken to the police box In Middle street when he suggested to Officer Hyan that ho did not set that fire.On cross examination the officer re peated the same story. Lawyer Burke falling to shake his testimony.I was attracted to man,” said he, “from the fact that lie acted suspiciously, kept my eye on the man all t time. I knew that no one else w in the alley at the time. The man had his hands on his coat lapels all of the time lie was In the main alley and acted suspiciously.”Mr. Allen, Junltor of the Grand Army hnll In Wyman’s exchange, testified that the windows were all cllt; the block on the back side on the night in question, and the curtains re drawn. None of the rooms on fourth floor at the back were In use that night. Was In Warren street a time of alarm. Came right down. Th-rooms under fourth .floor were not occupied. This room was formerly occupied by the People’s club.The cross examination developed nothing new.Norman Slewart Gtlllline, a die cut ter, testified to being In the Lotvel Inn at about 20 or 25 minutes of 7 He told of defendant’s coming Into the rear of the hotel with a rush and starting toward the water closet. Then witness was called to see c monkey at the lower end of the bar near the rear door. Defendant than came over and stood by the witness and a Mr. Barry. He thought the defendant was excited.This closed the case for the prosecu tlon and the witnesses for the defenci were called.The defendant was first put on and he testified that he was In business in Central street and had been there since last March.On that evening,” said he, I went to the Lowell Inn after ti to get supper. Went down stairs after supper Stood at the lunch counter and lighted a stump of a cigar. In a few minutes started for the closet. There were men in the closet and I went out Into the alley. Walked up in the durk in the main alley and was smoking a stump of a cigar at the time. I didn't like the cigar and came back Into the liar and threw the stump Into the sawdust and bought a new cigar.The officer came into the rear door and said there was a fire. I went out and saw flames. Was later arrested but what for, I didn’t know, taken to the police station In a patrol wagon.I didn’t go into the small alley Didn't light a match In the alley. It was 15 mlnuteB from the time I lighter my fresh cigar until I was arrested. I threw my cigar away when patrol wagon.In cross examination defendant testt fled that he had not thrown his lt;■ away; that he was arrested within five minutes after he had lighted his fresh cigar, and that he made no rush for water pall as he had Intimated.James W. Barry, 53 Adams street, told of being In the hotel at about 6.30 playing with the monkey. He remem bered seeing Halllnan there but dldn’ remember of seeing him go out of the back door.Witness was certain that, there were boys In the alley.After further testimony by Edward Ledwldge and Prank Thorpe the Judge ruled that the offence charged In the complaint had not been proven, and ordered the discharge of the defendant,DeiP ATHl IT .IP TMSTM'PI