New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-02-28
PUBLIC OFFICIALS CRITICISED.
PEPITONTs COUNSEL DENOUNCES THEN
IN SUMMING UP THE ARSON CASE
AN ACQUITTAL FOLLOWS.


Antonio Pepitoni was acquitted yesterday by the
Jury before which he tried in Justice Gaynor's
court on the charge OF setting fire to fruit store
at No 246 Flushing-ave. on December q. 1896 Pep
itoni was represented by Charles J. Patterson. WHO
in his summing up severely denounced the Grand
Jury which had indicted Pepitoni. the members OF
the Fire Marshals staff and the Distrlct-Att,rney
He emphasized the failure of the prosecution to
show that Pepiton was in reality John Cross. said
10 be leading member Of the firm whose store
was burned.
Mr. Patterson said that the men who had made
the case against Pepiton were the Fire Marshal
and his assistant. In reviewing the testimony Of
Assistant Fire Marshal Robert +. Rice. he said
that Rice had made the fire twenty-four hours
after 1t had occurred. Continuing. he said:
"Mr. Rice and the Others however. had elastic
memories which stretched contracted as the
District-Attorney required. The carboys of naph-
tina were removed from the fire at 2:SO o'clock on
the morning Of December o. yet the Assistant Fire
Marshal says that he those carboys at s
o'clock the same morning. Rice also said that he
carried them away, and that Policeman Keefer
said he him take them away But the officer
mentioned comes here and under oath. denies this.
and the District Attorneys own witness showed
tina; Rice lied. If the witnesses for my client had
sworn as falsely as these people they would now
be behind bars on a charge of perjury Then look
at the testimony OF the Fire Marshal himself. a
with the life. liberty and happiness OF an
other citizen in his hands, who swore before the
Grand Jury that he personally discovered the car
boys of naphtha and rubber shoes filed with oil.
Now. when the truth is learned this Fire Marshal
never entered the cellar for fear Of getting his
feet wet"
After further arraigning the prosecution, Mr..
Patterson gave way to Assistant District-Attorney
Miles, who summed up for the people. In closing
his remarks. Mr.. Miles practically repudiated the
testimony given in behalf Of the prosecution by the
Fire Marshal and his assistant. If you believe"
he added that Brymer did not tell the truth
upon the stand here. that they committed de-
Hberate perjury. there Is nevertheless. enough
testimony in the to cause a conviction without
the words Of these IN the Fire Marshals Of
fee"
When Justice Gaynor summed up, he used for
his text these words of Mr. Miles. 1.-THE District
Attorney" he said. has with great propriety dis
avowed the testimony OF certain public officers
given on behalf OF the prosecution in this case.
The actions OIL these men upon the stand were
astounding 1t is not a pleasant task thus TO refer
TO wcll-known servants OF the public but their
testimony was amazing and am glad 10 see that
ing his remarks that the people Of the State do
not care TO strain after conviction They want no
exaggerations on the part OF ofncials or others.
They simply demand the facts.
The argument OF Mr.. Patterson and Justice Gay
nors charge TO the jury created n sensation In the
troon and evidently impressed the jury pro-
foundly.