Drake

The offered testimony was to establish a collateral fact which was in no way connected with the issues.

The defendant must prove by the record that he offered to show at the trial the materiality of the evidence objected to.

The record is silent as to this, and since error is not presumed, we must conclude that no such tender was made to the Court. (Greenl. Ev. vol. 1, .sec. 51a, 52, and 448.)

The authority cited by appellant ( 50 Cal. 176 ) is not in point.

The evidence offered in that case was, of previous fires set by the same engines, which was in point to show an improper construction of the engines and the defendant’s knowledge of the defect.

The motion for a nonsuit was properly denied. There was evidence tending to prove that the building was set on fire through the negligence of the defendant’s testator.

*227 The evidence offered by the defendant tending to prove that two other hotels in the same town were subsequently set on fire by incendiaries on the same day of the week and at about the same hour of the night was properly excluded. It was wholly foreign to any issue in the cause.

Nor did the Court err in refusing to set aside the verdict on the ground that it…