Investigation of the $3 mil lion downtown Terre Haute fire of March 20 continued Friday after Vigo County Prosecutor Ralph Berry refused to issue an arson arrest affidavit as re quested by Bernard Sweeney, chief investigator for the office of the State Fire Marshal. Berry told Sweeney that the file he submitted contained no concrete evidence of arson or that any individual could be accused of such a crime at this time. “If a man hasn’t guts enough to serve in the office of prose cutor as the law intends he should, he should get out of the office,’ Berry told THE TRIB UNE today. “It is my duty to prosecute those guilty of law violations. It is also my duty to protect the innocent and see to it that his rights are not violated. When and if sufficient evidence is laid down in the Wabash avenue fire investigation to warrant an arrest and prosecution, I will do my duty,” the prosecuting attor ney concluded. Berry said he felt there was no evidence involved that would stand up in court. “We don’t arrest people in this county without evidence,” the prose cutor emphasized. “I’ve got to think a man is guilty before I have him arrested.” Sweeney indicated that he would seek the aid of the state attorney general after the pro secutor offered to step out of the case. Sweeney said he previously had spoken to the attorney gen eral about the case and felt there was sufficient evidence to warrant an arrest. INDIANAPOLIS, May 17 P— Atty. Gen. Edwin K. Steers said today he is not allowed to step in and prosecute an alleged ar son case in Terre Haute. Bernard Sweeney, chief in vestigator for the state fire marshal’s office, said he had enough evidence to convict a suspect in a $3 million fire which destroyed several down town business buildings March 20. Prosecutor Ralph Berry of Vigo County refused Thursday to issue a warrant, saying evi dence uncovered by investi gators is not sufficient. Steers said he has no power to “independently prosecute” the suspect. Furthermore, he said after a long telephone talk with Prosecutor Berry, “I pretty much agree with him” in Berry’s refusal to sign a war rant for the suspect’s arrest. Sweeney then asked Steers to take over the case, but the at torney general pointed out to day his office is not authorized to prosecute in such a local in cident. Sweeney said he has compiled a 59-page report and is pre pared to sign an affidavit against a prominent Terre Haute citizen.