Levine

In the petition for and in the argument upon rehearing, it is suggested that in Department we fell into error in relation to the evidence in regard to the pieces of candle left at the saloon by the plumber. We stated that he left three half candles there, and that three pieces of caudle were found at the time of the fire. Our attention is now called to the fact that, according to the testimony of the plumber himself, he left one whole candle, a half candle, and a piece of another half candle; and that, according to the other evidence, only *40 two pieces of candle were found at the time of the fire,— one burning and the other extinguished. We accept the correction of an error into which we were led by a statement found in one of the briefs, examined after we had read the evidence, but we are unable to perceive that the error was prejudicial to defendant. To our minds, the evidence as corrected rather strengthens than weakens the case of the prosecution. More candle remains unaccounted for than we at first supposed, and if the candle which was found burning half or three quarters of an hour after the fire was discovered was •whole when lighted, that fact will account for its having…