DAVID CALISHER-THE ARSONIST ON ALLEN STREET,
By John D. Rose
In March of 1882, the local press in Tombstone published two recent fire-related events. Local concern over fire ran high, and citizens hoped to avoid a repeat of the great fire of 1881. As Billy’s building was taking shape at the address of 533 and 535 Allen Street, it came very near to being destroyed when fire broke out next door at the Calisher store, located at 525 Allen Street.
One fire reported on was the result of a marriage gone bad, and when the disposition of their mutual property was forthcoming, the husband chose what he saw as the simplest solution. He burned the contents inside their home, as well as the home itself. Though the act was not condoned, it was noted that the location of the destroyed home was in a less populated area, to the west of the Vizina Mine, therefore of less risk to other structures. Many believed that the other fire reported had criminal intent behind it, as evidence found on the scene was of a troubling nature. Both of these incidents were mentioned in the Weekly Epitaph of March 6th, 1882.
“Last night, for the second time in the history of Tombstone, the incendiary’s torch was applied with the view of working destruction to the property of the owner, and as a necessary sequence, that of his neighbors. The circumstances surrounding this last act, unlike those of the first, are devoid of the least show of justification, supposing there could be any justification for so diabolical an act. The circumstances of the first were briefly these: a man and his wife living in the sparsely populated region west of the Vizina mine, and being at odds with each other, the man, to settle the question of a division of household goods, set fire to the cabin, and burned it and all its contents. The isolation of the cabin was such that there [was] little or no risk of the fire spreading beyond its walls, which it fortunately did not. Great and justly deserved indignation prevailed at that time at the atrocity of the act.
“The deed of last night, viewed in any light that it may be presented, is simply damnable. Notice had been published in the EPITAPH that the water in the mains of the Tombstone Water, Mill & Lumber company would be turned off from 8 to 12 o’clock, which act would leave the fire department comparatively powerless. We now come to the [second] incendiary act. Somewhere about a month ago one D. Calisher, owning a store and doing business on the north side of Allen street near the center of the block bounded by Allen, Fremont, Fifth and Sixth streets, made an assignment of his stock for the benefit of his creditors, and said stock had been nearly all closed out at private sale, by the assigned. Last night between 10 and 11 o’clock Policemen Kinney and Poynton were coming down the street past the store of Calisher, when they saw smoke coming out of the front of the building and a fire burning inside near the rear of the store.
“They instantly gave the alarm, and made a dash at the doors and broke them in and rushed to the scene of the blaze which was climbing up the shelving to the ceiling on the east side of the store. They were not one minute too soon, as it had got a good headway and in a moment more the pine ceiling, as well as the shelving would have been one sheet of flame. The fire department were out in force a few minutes later, and with the aid of the hooks the shelving was torn down and the flames extinguished. The policemen and the fire department are deserving of great credit far [for] their prompt action, for had their movements been delayed for five minutes the whole block would have been at the mercy of the flames, for the reason there was no water in the hydrants with which to extinguish them.
“The fact that it was public knowledge, courtesy of the Epitaph, that the fire hydrants would be dry during this period of time when the fire began, was enough to draw suspicion to the matter. Regardless of whether or not the Epitaph was wise in such a disclosure, just the timing itself made further investigation of paramount importance. Had the fire been allowed to proceed but minutes longer, the odds of surviving proof of its inception would be far less likely. But the physical evidence that was saved by such a quick reaction was at best, damning.
“Now for the evidence of the crime. The policemen found paper saturated with kerosene on the board shelf from which the shelving is built up, and on the floor beneath the fire was a coal oil can with the top cut off and stuffed with saturated newspaper with about one inch of oil in the bottom. Nothing could be more conclusive of the origin of the fire except…catching the fiend who touched the match to the torch in the very act. The indignation of the populace who were called to the fire by the alarm was intense, and more than one voice cried out, ‘Lynch him! hang him!’ The feeling was so strong that Mr. Calisher sought the protection of the officers and at half past eleven he was arrested and lodged in the county jail. The building was insured for $1,400 and the fixtures for $400. The little shoe shop adjoining the store on the upper side, and which belonged to Calisher, was insured for $200 additional, and the shoe stock, with which he had nothing to do, for $600. The loss to the companies, if anything, will be merely nominal.”
What wasn’t nominal was the understandably high bail that was applied to Calisher after the arrest. “The examination of M. Calisher, charged with arson, was set for hearing at 10 o’clock” the following morning, “and the prisoner, in default of $10,000 bail, was committed to jail.” It was to Calisher’s favor not to pay the bail at this time even if he could afford to. Tempers were running high and his safety was very much in question.
Tombstone would later learn that the accused wasn’t M. Calisher, the owner, but his son David, correctly referred to in the beginning of the article as D. Calisher. Local anger only increased when the substantial amount of insurance on the business came to light. “It was developed to-day that the stock in the Calisher store was insured (not by local agents, however) for $10,000. What a loss it was to the owners that the fire did not do its work!” What an interesting occurrence it was that Calisher’s bail was set at the same amount as his insurance policy, and legal action was quick to follow. “Territory vs. Calisher, charged with arson. The examination was postponed till to-morrow morning at 10 o’clock.”
In court, David Calisher testified on his own behalf. “The defendant was called to the witness stand, and stated that he was on Allen street, at the corner of Sixth, when the alarm of fire was given on the night of the 2d of March…that he ran to the engine house, and then back with the engine…when he became so sick from running such a distance that he was compelled to leave, and went into the Pacific chop house and asked to lie down.”
Calisher also stated that he became sick for a second time, and went “down to the Oriental saloon for some bitters…Defendant further stated that he went to the Bird Cage theater.” David Calisher was born January 19th, 1860, and was a young man of just twenty two years of age when this occurred.
The March 2nd entry from Parson’s journal reports the event just after it happened. “Thursday, 2nd…A fire started tonight in Calisher’s store which bore every mark of incendiarism. Fortunately put out before much damage was done. Some excitement, etc., [Calisher] had to seek police protection. He’s a bad egg.”
Adolph Sultan, an associate of Calisher’s, testified on his behalf, not only agreeing with Calisher’s statement, but claiming that he was with him that entire evening, with the exception of “a few minutes while they were at the Bird Cage opera.”
George W. Chapman made himself valuable to city authorities as he served as Health Officer, Street Commissioner, License Tax Collector, Poundmaster, and most importantly as it pertained to the Calisher case, Fire Warden. In his report to the City Council, Chapman recalled that as the Calisher store burst into flames he was quickly on the scene with Dan McCann. “…a fire broke out in the store-room of D. Calisher, at No. 527 Allen street. I proceeded in company with Mr. McCann, the chief engineer, to make an immediate examination as to the cause, and from all the evidence presented and discovered by us, we were fully satisfied that it was caused by the act of an incendiary, but was not able to determine the guilty party or parties…Through strenuous efforts on the part of the fire department and the police, as well as directed and on the part of the citizens, the fire was quickly extinguished, thus saving the city from a serious conflagration and probable destruction.”
When brought into court, Chapman added additional details that he hadn’t mentioned in his report. He “…stated that he was shown some empty 5 gallon oil cans on one side of the counter; that, on further examination around the place where the fire had originated, he found a gunnysack which smelled as if there was coal oil on it; that about that time Mr. McCann picked up a small square can in which there was some paper saturated with coal oil, there was also a small coal can in the large one; that it was his impression that the cans had been emptied around somewhere there.”
J.H. Todman had walked into the Calisher store and didn’t need to see the gunnysack stained with coal oil. He could smell it. He “testified to smelling coal oil very perceptibly in the air on entering the store; to being shown some sacks or rags that smelled of coal oil and were charred in places as if by fire. Benj. Cook also testified to the above facts.” An explanation would have to be presented to counter the effects of those two testimonies, or Calisher’s hopes for freedom could diminish.
“…Calisher was recalled by the defense, and testified to having used the sack shown in court to wipe off the table and counter shelf where he used to fill the lamps, and a few drops of coal oil would have gotten on the sack; also that after coal oil cans were empty he used to piie [pile] them up until six or seven were on hand, then sell them.” He further stated that “on the evening of March 2d there was about a half an inch of coal oil in one of the five-gallon cans, and about half an inch left after filling the lamps from the small can.”
Part of Calisher’s alibi was his claim to have been at the Bird Cage Theater, which was proven true. “W.J. Hutchinson, of the Bird Cage, testified to having seen D. Calisher at his theater on the night of the fire some time between the hours of 9 and 11 o’clock, and to having noticed him particularly about half an hour before the alarm of fire was given and that he could have gone out either the front or rear way and not have been noticed by him.”
The Bird Cage entertainer on the night of the fire helped to validate Calisher’s claim to have been there, and at what time, offering almost a perfect alibi. Performer John Mulligan was on stage, and the lighting was good enough that he saw and would later recognize Calisher as the defendant. Mulligan testified “to having seen the defendant during the whole of his (Mulligan’s) appearance on the stage at the Bird Cage theater that evening, the last time being about five minutes before the fire.”
This testimony could complicate the prosecution’s case. But several other witnesses, though not necessarily contradicting Mulligan’s testimony, presented the prosecution with a good argument for Calisher’s guilt. “Mr. T. A. Atchison was called as the first witness [on the third day of the examination]. He testified to having seen the defendant going toward the rear of this store, between the Delta Saloon and said store, about 10 o’clock on the night of the fire, also, to having been at the fire. Frank Platz and Louie Zorn were then sworn, and both testified that they had seen Calisher coming from the rear part of this store some little time before the fire.
“…M. H. Smith, who stated that he had seen Calisher about half an hour before the alarm of fire, coming from the rear of the store through the building now going up between defendant’s store and the Delta saloon.”
“Last night, for the second time in the history of Tombstone, the incendiary’s torch was applied with the view of working destruction to the property of the owner, and as a necessary sequence, that of his neighbors. The circumstances surrounding this last act, unlike those of the first, are devoid of the least show of justification, supposing there could be any justification for so diabolical an act. The circumstances of the first were briefly these: a man and his wife living in the sparsely populated region west of the Vizina mine, and being at odds with each other, the man, to settle the question of a division of household goods, set fire to the cabin, and burned it and all its contents. The isolation of the cabin was such that there [was] little or no risk of the fire spreading beyond its walls, which it fortunately did not. Great and justly deserved indignation prevailed at that time at the atrocity of the act.
“The deed of last night, viewed in any light that it may be presented, is simply damnable. Notice had been published in the EPITAPH that the water in the mains of the Tombstone Water, Mill & Lumber company would be turned off from 8 to 12 o’clock, which act would leave the fire department comparatively powerless. We now come to the [second] incendiary act. Somewhere about a month ago one D. Calisher, owning a store and doing business on the north side of Allen street near the center of the block bounded by Allen, Fremont, Fifth and Sixth streets, made an assignment of his stock for the benefit of his creditors, and said stock had been nearly all closed out at private sale, by the assigned. Last night between 10 and 11 o’clock Policemen Kinney and Poynton were coming down the street past the store of Calisher, when they saw smoke coming out of the front of the building and a fire burning inside near the rear of the store.
“They instantly gave the alarm, and made a dash at the doors and broke them in and rushed to the scene of the blaze which was climbing up the shelving to the ceiling on the east side of the store. They were not one minute too soon, as it had got a good headway and in a moment more the pine ceiling, as well as the shelving would have been one sheet of flame. The fire department were out in force a few minutes later, and with the aid of the hooks the shelving was torn down and the flames extinguished. The policemen and the fire department are deserving of great credit far [for] their prompt action, for had their movements been delayed for five minutes the whole block would have been at the mercy of the flames, for the reason there was no water in the hydrants with which to extinguish them.
“The fact that it was public knowledge, courtesy of the Epitaph, that the fire hydrants would be dry during this period of time when the fire began, was enough to draw suspicion to the matter. Regardless of whether or not the Epitaph was wise in such a disclosure, just the timing itself made further investigation of paramount importance. Had the fire been allowed to proceed but minutes longer, the odds of surviving proof of its inception would be far less likely. But the physical evidence that was saved by such a quick reaction was at best, damning.
“Now for the evidence of the crime. The policemen found paper saturated with kerosene on the board shelf from which the shelving is built up, and on the floor beneath the fire was a coal oil can with the top cut off and stuffed with saturated newspaper with about one inch of oil in the bottom. Nothing could be more conclusive of the origin of the fire except…catching the fiend who touched the match to the torch in the very act. The indignation of the populace who were called to the fire by the alarm was intense, and more than one voice cried out, ‘Lynch him! hang him!’ The feeling was so strong that Mr. Calisher sought the protection of the officers and at half past eleven he was arrested and lodged in the county jail. The building was insured for $1,400 and the fixtures for $400. The little shoe shop adjoining the store on the upper side, and which belonged to Calisher, was insured for $200 additional, and the shoe stock, with which he had nothing to do, for $600. The loss to the companies, if anything, will be merely nominal.”
What wasn’t nominal was the understandably high bail that was applied to Calisher after the arrest. “The examination of M. Calisher, charged with arson, was set for hearing at 10 o’clock” the following morning, “and the prisoner, in default of $10,000 bail, was committed to jail.” It was to Calisher’s favor not to pay the bail at this time even if he could afford to. Tempers were running high and his safety was very much in question.
Tombstone would later learn that the accused wasn’t M. Calisher, the owner, but his son David, correctly referred to in the beginning of the article as D. Calisher. Local anger only increased when the substantial amount of insurance on the business came to light. “It was developed to-day that the stock in the Calisher store was insured (not by local agents, however) for $10,000. What a loss it was to the owners that the fire did not do its work!” What an interesting occurrence it was that Calisher’s bail was set at the same amount as his insurance policy, and legal action was quick to follow. “Territory vs. Calisher, charged with arson. The examination was postponed till to-morrow morning at 10 o’clock.”
In court, David Calisher testified on his own behalf. “The defendant was called to the witness stand, and stated that he was on Allen street, at the corner of Sixth, when the alarm of fire was given on the night of the 2d of March…that he ran to the engine house, and then back with the engine…when he became so sick from running such a distance that he was compelled to leave, and went into the Pacific chop house and asked to lie down.”
Calisher also stated that he became sick for a second time, and went “down to the Oriental saloon for some bitters…Defendant further stated that he went to the Bird Cage theater.” David Calisher was born January 19th, 1860, and was a young man of just twenty two years of age when this occurred.
The March 2nd entry from Parson’s journal reports the event just after it happened. “Thursday, 2nd…A fire started tonight in Calisher’s store which bore every mark of incendiarism. Fortunately put out before much damage was done. Some excitement, etc., [Calisher] had to seek police protection. He’s a bad egg.”
Adolph Sultan, an associate of Calisher’s, testified on his behalf, not only agreeing with Calisher’s statement, but claiming that he was with him that entire evening, with the exception of “a few minutes while they were at the Bird Cage opera.”
George W. Chapman made himself valuable to city authorities as he served as Health Officer, Street Commissioner, License Tax Collector, Poundmaster, and most importantly as it pertained to the Calisher case, Fire Warden. In his report to the City Council, Chapman recalled that as the Calisher store burst into flames he was quickly on the scene with Dan McCann. “…a fire broke out in the store-room of D. Calisher, at No. 527 Allen street. I proceeded in company with Mr. McCann, the chief engineer, to make an immediate examination as to the cause, and from all the evidence presented and discovered by us, we were fully satisfied that it was caused by the act of an incendiary, but was not able to determine the guilty party or parties…Through strenuous efforts on the part of the fire department and the police, as well as directed and on the part of the citizens, the fire was quickly extinguished, thus saving the city from a serious conflagration and probable destruction.”
When brought into court, Chapman added additional details that he hadn’t mentioned in his report. He “…stated that he was shown some empty 5 gallon oil cans on one side of the counter; that, on further examination around the place where the fire had originated, he found a gunnysack which smelled as if there was coal oil on it; that about that time Mr. McCann picked up a small square can in which there was some paper saturated with coal oil, there was also a small coal can in the large one; that it was his impression that the cans had been emptied around somewhere there.”
J.H. Todman had walked into the Calisher store and didn’t need to see the gunnysack stained with coal oil. He could smell it. He “testified to smelling coal oil very perceptibly in the air on entering the store; to being shown some sacks or rags that smelled of coal oil and were charred in places as if by fire. Benj. Cook also testified to the above facts.” An explanation would have to be presented to counter the effects of those two testimonies, or Calisher’s hopes for freedom could diminish.
“…Calisher was recalled by the defense, and testified to having used the sack shown in court to wipe off the table and counter shelf where he used to fill the lamps, and a few drops of coal oil would have gotten on the sack; also that after coal oil cans were empty he used to piie [pile] them up until six or seven were on hand, then sell them.” He further stated that “on the evening of March 2d there was about a half an inch of coal oil in one of the five-gallon cans, and about half an inch left after filling the lamps from the small can.”
Part of Calisher’s alibi was his claim to have been at the Bird Cage Theater, which was proven true. “W.J. Hutchinson, of the Bird Cage, testified to having seen D. Calisher at his theater on the night of the fire some time between the hours of 9 and 11 o’clock, and to having noticed him particularly about half an hour before the alarm of fire was given and that he could have gone out either the front or rear way and not have been noticed by him.”
The Bird Cage entertainer on the night of the fire helped to validate Calisher’s claim to have been there, and at what time, offering almost a perfect alibi. Performer John Mulligan was on stage, and the lighting was good enough that he saw and would later recognize Calisher as the defendant. Mulligan testified “to having seen the defendant during the whole of his (Mulligan’s) appearance on the stage at the Bird Cage theater that evening, the last time being about five minutes before the fire.”
This testimony could complicate the prosecution’s case. But several other witnesses, though not necessarily contradicting Mulligan’s testimony, presented the prosecution with a good argument for Calisher’s guilt. “Mr. T. A. Atchison was called as the first witness [on the third day of the examination]. He testified to having seen the defendant going toward the rear of this store, between the Delta Saloon and said store, about 10 o’clock on the night of the fire, also, to having been at the fire. Frank Platz and Louie Zorn were then sworn, and both testified that they had seen Calisher coming from the rear part of this store some little time before the fire.
“…M. H. Smith, who stated that he had seen Calisher about half an hour before the alarm of fire, coming from the rear of the store through the building now going up between defendant’s store and the Delta saloon.”
Pioneering Tombstone firefighter Leslie F. “Blackburn testified to being at the Bird Cage theater and to seeing Calisher off and on during all the time [the] witness was there; that he left the theater about ten or fifteen minutes before the alarm of fire, and that Calisher could not have left for a half or three quarters of an hour before [the] witness left without he (witness) knowing it. Mr. Blackburn also testified that he did not smell coal oil on entering the store. The court then adjourned.”
After barely a ten day proceeding, and with the evidence before him, Judge Wallace rendered his verdict. He noted that “the case had been carefully examined and argued on both sides; that the counsel, as well as the court had taken great interest in the matter…The court considered that the property belonged to the defendant, that the fire was of an incendiary nature, and that there was sufficient reason why the prisoner should be held to appear before the grand jury, as the one guilty of the crime; that should he order his discharge he would be failing to perform his duty as a magistrate. D. Calisher was accordingly held in the sum of $1500 bail to answer before the next grand jury.”
David Calisher lived far beyond the point of his near lynching while in Tombstone. Rather then spending years in jail for arson, he became a successful merchant in Yuma and later married. He died on January 31st, 1932, at the age of 72, at the Pioneers Home in Prescott Arizona.
After barely a ten day proceeding, and with the evidence before him, Judge Wallace rendered his verdict. He noted that “the case had been carefully examined and argued on both sides; that the counsel, as well as the court had taken great interest in the matter…The court considered that the property belonged to the defendant, that the fire was of an incendiary nature, and that there was sufficient reason why the prisoner should be held to appear before the grand jury, as the one guilty of the crime; that should he order his discharge he would be failing to perform his duty as a magistrate. D. Calisher was accordingly held in the sum of $1500 bail to answer before the next grand jury.”
David Calisher lived far beyond the point of his near lynching while in Tombstone. Rather then spending years in jail for arson, he became a successful merchant in Yuma and later married. He died on January 31st, 1932, at the age of 72, at the Pioneers Home in Prescott Arizona.
The above information is in part excerpted from Witness at the O.K. Corral: Tombstone’s Billy Allen Le Van, by John D. Rose. For more on this legendary story and other research breakthroughs, this book is available at https://www.createspace.com/5258114 as well as Amazon.com. See the next page to view the cover of this landmark book on Billy Allen Le Van, the Gunfight near the O.K. Corral, Tombstone A.T., Belle Le Van and her family history, and so much more.
Copyright John D. Rose, 2015, 2016, 2017, 2018. All rights reserved.