The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-26
EXPERT FIRE MARSHALS.
ONE DIDN,T KNOW WHAT NdPHTHA
rs; ONE FEARED TO WET hrs FEET.

Sp-stee Csyso. aepri-spa. witser-~. In IN
Arson Csec-essr the Onnctsi Artiea IN ~
Ever Car,e A-1rc---se.c Queer Eviae.ce.
Public ofhcials were reprimAndcd by Justice
Gaynor In the criminal branch Of the Supreme
Court. Brooklyn. yesterday nj the trial Of Antonio
Pcpitoni. indicted for arson in the second degree.
He IL charged with having set fire to the store at
ci0 Flushing avenue on the night Of Dec. 20.
1884,. The prosecution allcge that the FIRE orig
mated In the cellar and that several carboys Of
naphtha were there uncorked, and that fuses
were attached TO them. Assistant Fire Marshal
Robert 2. Rice was called for the prosecution.
He said he visited the place at $50 o'clock on
the morning after the FIRE. Later he said his
visit WAS thirty six hours after the fire.
do you know when = day bcginsr' asked
Justice Gsynor.
About 1 o'clock in the morning." responded
Rice.
1T taxes the patience Of anybody" said
Justice oaynor. " TO listen TO public oficials who
do not Know the difference between one day and
another"
Rice said that he found Eve rubber shoes in
the cellar nlled with liquid. Fuses were attached
TO each rubber.
Assistant District Attorney Mile, did not ask
this witness what kind Of liquid was in the
shoes, and a. he began to ask other questions
Justice Gaynor broke in and said:
"Mr. District Attorney, what was in the
shoesi You say IL was LIQUID. II might have
been oil OF IL might have been water
On cross-examination Rice testified there was
no LIQUID in the rubbcrs. and then he corrected
himself and said the liquid smelled like Daphtha.
Have you had any previous experience with
naphthsf' asked Mr.. Patterson. counsel for the
accused. -.
Mt. aararHd Then he AnInnWlHdRNd TINT
he did not know what naphtha lie.
What is your once. anyhow asked Justice
'aa,Asssistant Fire Marshal"
This IL the most extraordinary conduct of
any officials I have ever seen," said Justice
Policeman walsh testified that several car:
boys Of naphtha were taken out OF the cellar and
to the station house at $3.50 o'clock in the morn.
ing, six hours before the Assistant Fire Marshal
appeared on the scene. Policeman Oscar Jones
carboys were taken.to the station house soon
How long have you been on the FORGET asked
Seven years. replied the policeman.
1T does one good TO meet Z public ofieiai who
Fire Marshal Alonzo Brymer testified that he
after, and had gone into the cellar. He did not
see any carboys or rubber shoes or fuses; He
,nen ." and he he did idI not go wHi into 10th the cellar because Be
he did not want TO wet his feet.
Lawyer Charles j. Patterson then picked up
the minutes of the Grand Jury and read Mr..
Brymcr's testimony before that body. He then
declared tina, he had gone into the cellar and
found hvelarge rubber shoes tilled with naphtha.
Vow. Is not that testimony untrue Z asked
Mr.. Patterson.
Mr.. Brymer answered that the testimony he
had given before the Grand Jury was based on
the statements OF his subordinates. Mr.. Brymer
also testified that the carboys were made OF
glass as thin as the finest wine glasses.
Lawyer Patterson produced a part OF the car
boys. II varied from one-qunrtcro OF an inch TO
half an inch In thickness.
as that the fine wine glass you referred tor
asked Mr.. Patterson.
az guess I've stretched IL a little said Mr..
Brymer.
said Mr.. Patterson. My client is on trial, and
we want only the truth"
Emery b. Walker, q chemist employed by the
Department OF Health. was TO testify as TO the
nature OF the contents of the carboys. but Mr..
Patterson found out that the chemist made the
analysis on Wednesday last. As the fire took
place In December, 1894, Mr.. Patterson objected
10. the testimony. and the objection was sus-
tanned.
Tho enicial action in regard to all this seems
to bc the most incomprehensible I've ever come
across" said Justice Gaynor.
The trial will be continued to-day.