Tiley

The defendant was convicted of the crime of “burning insured property,” with intent to injure and defraud the insurers, and he appeals from the judgment, and an order denying him a new trial.

The property burned was a two-story wooden building and its contents, situate just outside of the limits of the city of San Bernardino, and known as the Arctic saloon building. It was owned by the defendant and one Myers, and the lower story was used by them as a saloon, and the upper story as a lodging-house. The building was insured for one thousand dollars, and the furniture, stock, *652 and fixtures for a like sum. The fire occurred between one and three o’clock in the morning of January 1,1889.

The defendant was not at the saloon at the time the C- fire was started, and had not been there for some hours before. He could not therefore himself have set the fire. This was not controverted at the trial, but it was claimed that he must have procured some one else to set it.

The evidence against the defendant was wholly circumstantial, and most of it was admitted against his objections and exceptions. Among other items of evidence objected to were the following: The prosecution called as a…