The San Francisco call., 1898-03-25
One of the Managers and the Cook Charged With
 the Crime.
Fire Marshal TOwe Has, He Says, Conclusive Evidence
 of Their Guilt.
Twenty-Tvvo Persons Were Asleep at the Time in the Three Flats
 Above the Restaurant

Nicholas Tendes and Constantine John, who were arrested on Wednesday morn ing by Policemen McGrayan and Lynch, were booked at the City Prison yesterday on a charge of arson. According to Fire Marshal .owe and Detective Cody, who have been Investigating the case, there is conclusive evidence of the guilt of the two defendants.
 Alexander Pantages, the proprietor of the restaurant at 121 Fifth street. where the fire occurred, went to Alaska about five weeks ago. Before leaving, he en- tered into an agreement appointing Ten des and George Andro managers of the restaurant during his absence, and they were to equally divide the profits. Pan tages also executed a power of attorney in favor of Tendes, in which Tendes was empowered to make proof or any JOSS incurred by fire and recover the amount of the loss, which is in itself considered significant.
 About half-past o'clock on Wednesday morning Policeman McGrayan saw smoke issuing from t4-1 restaurant, and when he reached the place the cook, Constan- tine John, came running out, and told nm the place was on fire. McGrayan notlned engine IT, and the fireman hurried to the scene. They found the front door locked, and obtained entrance from the rear on Minna street. The place was on ire Tn six or seven dI..erent places; ana the
  could hardly keep their feet. They soon extinguished the flames and went back to the engine-house.
 Assistant Chief Dougherty visited the restaurant immediately after, and ne promptly telephoned to the Fire Marshal that there was something susplclouS about the fire. MT rowe los5 no dtIeraa tdule HI getting to the restaurant, and discovered that there was abundant evidence or ln- cendiariSm.
 On entering the restaurant, there are lad under the stairway leading to the mats above. To the right is the dinlng-room, and in the rear the kitchen. The floors and walls to the height Of about seven feet were covered with coal oil and grease and the partition between the dining room and kitchen had been pried partly off to allow draught from underneath The table-cloths and tables and the boxes for ladies were also saturated with coal oil and grease. The fire had been appar- ently started in the kitchen, close to the which is of wood and is owned by K. R Hine. was about $50 and to the contents about s1OO
 The cook, who was on night duty, on being interrogated by the Fire Marshal, said that he was in the place alone, and the only way he could account for the
 fire was that the grease ln the pot ndas pn dne came upon the scene and he was taken in hand by the Fire Marshal. He said he left the place at half-past l and went
 
 street and went to bed. He was awak- ened by the dishwasher Jim Frank, who slept in the restaurant, and told hlrn that the place was on hre- InaL was all ne knew about 1t.
 Tendes' face was familiar to the Mar shal, and by dint of questioning he got him to admit that he was cook in the res taurant on May 27, 1895, when it was to- tally destroyed by fire. At the time Tendes was interrogated as to the origin of the fire, and he gave the excuse that the grease had boiled over.
 Tendes and the cook were placed under arrest and on the way to the prison the patrol wagon was stopped at the lodging house where Tendes roomed. On enter ing the room they found man asleep in bed who gave his name as Nicholas Con- stantine Constantine's head rested on one pillow and it was observed that the other pillow appeared as II 1t had not been used. The Marshal asked Constan- tine if any one had been in bed with him and he said no. Tendes, he said, came into the room, but almost immediately left again without saying where he was going.
 shal says he has other important evil dence against the two men. The stock and fixtures. for one thing, were insured for $l100, and a fair estimate of their value would be about $500.
 The serious aspect of the incendiary fire is the fact that twenty-two persons were asleep in the flats above the restau- sacrificed if the flames had got good headway. The first fiat is occupied by Mrs. Sallie Grove: the second fiat by Mrs. NJ. E. Pearson, and the third by An drew Gale, and there is only the one en- trance to the three flats.
 The attorneys for the two defendants obtained a writ of habeas corpus from Judge Dunne yesterday morning for their release, but they were promptly booked at the prison on the charge of arson and the writ was discharged.