The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-14
THE |NCEND|ARY FIRES,
Fire Marshal TOWe Is Much
Disturbed Over the Re-
cent Cases.
The Result of the Trials Against
De Winton and Ferris Com
mented Upon.

Fire Marshal Towe is q disguised man
The decisions in the recent arson cases
have upset all his plans, arrangements and
| ideas in matters of this kind and left him
at loss for method of prompt action ir
house-burning cases where the probability
of the offenders leaving the State is ap-
parent. That he is still full of grit and
determination is shown by his remarks
upon the matter.
The case against William de Winton
who was accused of burning his own build.
ing, at 1141 Dolores street, and which was
decided in favor OF the accused, by reason
of Judge Wallace holding that it was not
arson for q person to burn his own prop
erty, was the cause of the peculiar word
ing of the complaint against Joseph Ferris
In the latter case, by reason of the above
decision, Ferris was only accused of setting
fire to the neighboring premises, 219 Scott
street, and no reference was made to the
complete destruction of his own store, No
217.
At the examination of Ferris Judge
Low could not agree with Marshal Towe
in his claim that the injury to adjacent
property by the burning of the house OF
the accused constituted a crime. The evil
dence, in the opinion of the investigating
officers, was almost conclusive and a con-
viction seemed assured.
Said Marshal Towe last night: ~ am
completely nonplused. The decision OF
Judge Wallace has tied our hands in such
manner as to make the holding and con-
viction of incendiaries a very difficult
matter. The evidence against the man
De Winton was as strong as any | have
ever had. Yet he goes free.
'In getting our case against Ferris into
shape we took into account the De Winton
matter. and not having any doubts as to
the results worded the charge against the
former entirely in conformity with the
statute. IL says distinctly that the burn
ing of even a fence is arson, as being in
dicative of crime.
Look at the evidence against the man.
He was found at 80 A. NJ, up and fully
dressed even to a white shirt, and shoes
fully laced and knotted, with overalls ont
side of his trousers, and his cuffs protected
by those bamboo protectors worn by the
Chinese. His hands and clothing clearly
bore the smell of coal oil.
THAT Judge Wallace and Judge Low
have decided as they understand the law
is not to be doubted but it has caused us
to be decidedly handicapped. / would
like to ask what evidence is required Z
How shall we go at it to reach the incen-
diary property-owner who over-insures
only to destroy? We have appealed from
Judge Wallace, and, until the Supreme
Court has passed upon the matter, We can
only bring matters before the Grand Jury
through the District Attorney.
"That we shall do this as soon as that
body is in session again is quite probable.
"The amendment, No. 40, to order No.
1917, that has been drafted and placed be-
fore the Board of Supervisors. relative to
tireproof roofs, should be more successful
than the former similar proposal. A large
percentage of our fires comes from defec-
tive roofs. In case of asphalt roof they
will be considered good provided they
have three inches of gravel spread on top.
1--WE are giving the other recent incen
have hopes of reaching the right parties.