THE ARSON CASES.

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 664, 24 November 1882, Page 2

THE ARSON CASES.

The case ngainst the Mclntoshes for arson at Little Akaloa was heard at the R.M. Court yesterday, before the Resident Magistrate and the Mayor. Alexander Henry Mclntosh, and Henry Mclntosh, of Little Akaloa, were charged with having on August 25, unlawfully and maliciously set fire to the hotel at Little Akaloa.

Mr Inspector Pender conducted the prosecution, and Mr Joynt appeared for the defence.

Frederick Pratt, sworn, said : I am articled clerk to Mr R. D. Thomas, solicitor, Christchurch. I know Mr F. H. Bruges ; he is a partner of Mr Thomas. Mr Bruges is the owner of some property at Little Akaloa. He owned 2£ acres and the hotel and stables situated on it. I produce the conveyance. I searched the land registry books and compared the deed. Mr Bruges was owner of the property on the 25th of August last.

Henry Cooper sworn, said : I am an hotel keeper at Little Akalon. The hotel was known by the name of the Pig and Whistle ; that is the only name I know for it. There is only one hotel there. Produced, in a plan of the property. There were 2 acres, an hotel built of wood with iron roof, a four-stalled stable with a loose box, and a placecalled the hen-house. I was about leasing the premises. I went down to Little Akaloa about the beginning of August. I went down to look at the hotel to see if it would suit me. On my return to Christchurch, I entered into negotiations, and a few days afterwards paid a deposit on the hotel. It was on a lease. The arrangement was never completed. Whilst in Christchurch I received a letter. I identify the letter and envelope produced as the ones I received. I went to Little Akaloa after receiving the letter, some time early in October. The hotel wna not there then. Ithad been burnt. I started selling in the hen-house as a temporary measure. Shortly alter I commenced selling in the lien-house, I received the letter and envelope produced. There was no postmark on it, and I had to pay two • pence on it at the Little Akaloa post office, which ia kept by Mr Alexander Mclntoah, one of the accused. I did nut sleep at the hen-house,s but at Mr Barker's, nearly a mile away. I received the letter on Oct. 9th. I was at the hen-house all that day at business. I saw Mr Alick Mclntosh at the place that day. It is only about 50 yards from his house to the hen-house. He was at the place three times that day. He did not say anything about there being a letter for me at the post office. I got the letter at 6 o'clock that evening. Mr Barker's son sent me word there was a letter, and I sent my little girl for it. I left the pace about 7.30 that evening, and went to Barkers'. Flocked the place up. I left no fire in it. I returned to the henhouse about 7 or 8 a..n. next day, and found it had been burnt down during the night. I afterwards made another start in the stnb'e. 1 commenced selling there on Oct. 26th. I went on selling till the stable was burnt down on the 6th Nov. I still co tinued to live at Barkers'. I left the stable between G and 7 p.m. on Nov. G, having just locked i . I had the liquors there. It was about twenty minutes past eleven the same night when I heard it was burning. VVhoi: I saw it, it was most of it burnt I had no lire either in the hen-house or in the stable on the days when they were burnt.

By Mr Joynt: I received no letter warning me, immediately before the stable was burnt down. I set no watch nt all over the place. When boili the places were burnt I left tiietn before 7 p.m. on each occasion, and left no one to watch. Mr Alex. Mclntosh was at the lien-bouse two or threa times on the day that place was burnt. He used generally to come over once or twice a day. He need te come for a nip, and. he had it, Honry used also to come and have his nip. They were

just like other customers. While living at Li tlu ]Akaloa I had letters come to me sometimes. Sometimes I sent for letters and sometimes they were brought to mo Sometimes I had word sent to me that there were letters for me. On the 6tl» of November, after I left the stable, I remained at Mr Barker's all the evening, and went to bed between 10 and 11 p.m. Mr Oox, 'lie schoolmaster, Messrs J. B. Barker, sen., and J. Barker, jun., Mr Henry Mclntosh, Mrs Cooper, Mrs Barker, and the rest of the Barker family were there, not all the time, luit going , in and out. Henry Mclntosh (one of the accused) left Mr Barker's about 9.20 p.m. He was there as a friend. Ha had been gone about two hours when L heard the stables were on fire. It is about a mile from Barker's to Mclntosh's. I know the schoolroom. It is about a mile from B irker'e. It is near Mclntosh's. I was going up to sign the lease on the Tuesday, when the hen-house W93 burnt on the Monday. After that I was afraid to sign. I have not carried on business since the stable was burnt down.

By Inspector Pender : The letter I received before the burning of the hen-house was the first letter I received at Little Akaloa. I did not see Henry Mclntosh at Barker's before the night of the fire. I had been stopping at Barker's a month or six weeks before that, but never saw him in the house. Mclntosh left the kitchen at 9.30 p.m. on November 6th, but was, I believe, talking outside afterwards. I heard he had a horse there that night.

Maurice O'Connor, detective, eworn, Biiid : Abont Oct. 11th, I went to Little Akaloa to inquire into these fires. During the time I was there I saw the two prisoners nearly every day. They live together. Their house is about a hundred yards from the hotel. The tracing produced is ft rough sketch I made of the locality and buildings. I obtained the handwriting of every person in the bny whilst 1 waa down there. I got the handwriting of both prisoners. Produced is the handwriting of Henry Mclntosh. It was written in my presence. I also got this piece of writing which I believe to be Henry Mclntosh's, at the Okain's Bay Road Board Office. I remember speaking to Alex. Mclntosh regarding the burning of the hotel on the 19th or 20th of October, He said that his father filed about eighteen months before, and that the trustees of the estate sold two acres of land belonging to the hotel property. That the trustees had no right to sell it, and that it would take twice as much as the d d place was worth to purchase it back. He also said he had written to Mr Bruges with a view to purchasing it. A few days after ho s.iid he did'nt want the d d place ;he had land enough. I know that A. Mclntosh uses land round the two acres where the hotel stood. The two acres divides the level part of A. Melntosh's section.

By Mr Joynt: A. Mclntosh knew who I was when I was speaking to him. I got ln's handwriting too. I got the handwriting of almost everyone in theßiy. I cannot name anyone whose handwriting I did not get. I did not get Cooper's handwriting. He was net in the Bay when I took the handwritings. I did not think it needful. I did not see any object. I did not constitute .nyself a jmigo, but I judged whose handwriting it was necessary to get. I asked Mclntosh how long it was since his father filed, and whether he saw the fire at the hen-house, and what solicitor he had engaged, also as to the ownership of the land. Ido not think I asked him where he was at any of the fires or about where his brother Henry was. I did not ask him if he had any interest in the two acres or the adjoining land. When he came back from Christchurch I had another conversation with him. I stopped at Barker's whilst at Little Akaloa. When he came back I asked who was the solicitor coming down, and he said he woi.ld not answer any more questions. I asked other questions in the Bay. It was in the month of August that I went to Little Akaloa to matce inquiries. I next went on Oct. 11th. I remained the principal part of the time till the 23rd. Barker's house .vas my headquarters. A man named Turner was often at Barker's house whilst I was there. He came there soon after I arrived. I was at Little Akaloa again about the 16th or 17th of Nov., and stayed two days, also at Barker's.

By Inspector Pender : At the time of the conversation on the 19th and 20th Oct., I did not suspect the Mclntoshes more than some others to whom suspicion attached. When I had the conversation with Mclntosh after the arrest, I met him accidentally on the road.

John Beilby Barker, sworn, said : I am a farmer at Little Akaloa. I know the accused. They were born there Alexander is married and Henry is unmarried. Alexander is a farmer, and Henry is, I think, his servant. Alexander is also postmaster. They live about a mile from me. I know where the hotel, the hen house, and the stable stood. I should think accused's house was about 3 chains in a direct line from the hotel. The hotel building ntood on 2£ acres of land. I know Mclutoshes farm. The 2£ acres is in the middle of Mclntoshes land, dividing his farm. Mclntoshes land is round three sides of the hotel section, and the Valley road is in the front of it. I recollect Mr Mclntosh, Sen., filing. Up to that time the land all belonged to the Mclntoshes, and the hotel as well. It was after he filed the two acres were sold right out. I remember having a conversation with Alexander Mclntosh a short time before the hen-house was burnt. It was the day I took Mr Cooper's things from the jetty to the hen-house, which was afterwards burnt down. I said that Mr Cooper suggested building further back in the two acres, and Alexander Mcintosh replied that he expected to get that two acres, and had written to Harper Harper and Sott about it. I never had any other conversation with accused regarding the land and the hotel. If the buildings were removed off the two acres it would certainly depreciate their value a good devil Without the buildings the land would bo no use to any one but the Mclntonlies, The two acres would be of great value to A. Mclntosh in working his farm. There was an entertainment at the schoolhouae on the night of the 25th August, when the hotel was burnt down. I was there, an 1 both the accused. I remember leaving tho entertainment and going down to the hotel with Roberts, the bailiff in charge, a man named Mark Turner, and David McKay. W3 went into the hotel about 0 p.m.. aivl had a bottle of oha mpagne. We remained there ten minutes or a quarter of an hour, and all came away together. The bailiff locked the door when wo left, after blowing the candle out, wiiicn. was the only light we had.

There was no fire burning in the house. We wont back to the schoolroom, and the two prisoners were still there. The school is four or five chains from the hotel. It wanted twenty minutes to ten when we got hack to the school, and we finally left about ten minnles past ten, when the entertainment was over. My family was there, and we went home. On the way home we passed tho hotel, and it was then all right; there were no signs of fire. Further on, half a mile past the hotel, we saw a glare of light in the direction of the hotel. I saw the remains of the hotel next morning. Alexander left the school before I did, but Henry was there when I went. By Mr Joynt: I have known accused since the youngest was born, and always been friends with them. We were on visiting terms and thoroughly friendly. Alick did not come to the house much, but I have seen Henry there on one or two occasions. I remember II Mclntosh being in my house the night the stable was burnt. Ido not know what he was doing there. He sent hack by one of my sons, after he had said good night, for a piece of tobacco. I do not know if ho had a book. lie was in the front room with the boys. He had not been in my house for some weeks before. I heard some of the boys say he came on horseback. Iho entertainment on August 25th consisted partly of a negro farce. There were also a number of songs and a dance afterwaids. I did not wait for the dance. Both the accused took part in the negro farce. When I had passed the hotel half a mile on my way home, I saw d glare of light in the direction of the hotel. That was about half-past ten. I could not see it was the hotel that was burning. I did not think it was the hotel. I did not go back. It was only a glare not a flame. I thought it was some rubbish burning, and took no particular notice of it. I was then half way between my house and the hotel, and till I got to my own house I should be in sight of the g;are. I could not see the flames of the hotel because there is a spur of the hill between it and my house. The detective stopped at my house. I believe he came to my house because Mr and Mrs Cooper were there. I am not a member of the School Committee, Alexander Mclntosh is. I have been chairman for years past. I have been a member this year but have never attended a meeting. The accused have always borne a very good character. I have a son in law named Charles Turner. I have seen him there whilst O'Connor was there, but he did not come oftener than usual. I have seen him talking with O'Connor. A man named Connon kept the hotel from the time the father of the accused, (Henry Mclntosh) failed, tiU Cooper came. He was there 15 or 16 months. Connon filed. It was 20 minutes ptist nine when Melnto&h left the house on the night he borrowed the tobacco. I looked at the clock because I wanted to know if it were bed time.

By the Police: He stayed outside two or three minutes afterwards before he went awny altogether.

J. 13. Barker, Jim., sworn, said : I nm son of the former witness, J. B. Barker. I know both of the accused. I recollect the hotel at Little Akaloa being burnt down in August last. It was called the Little Aknloa Hotel generally, but sometimes the Pig and Whistle. About a week or a fortnight before the fire I was working with the accused. I was working out some work they had don» for me. I remember talking about the hotel one day at dinner time, some three weeks before the hotel was burnt down. Alick was there, and he said he would give me £5 if I would burn down the hotel. Henry was not there. I said I would not take it. Il was not good enough. Mrs Mclntosh was also present, and she said, " Why, ho wouldn't risk himself to do that," or something to that effect. That was all that he said. I was at the entertainment in the school on the night of the fire. Both the accused were there. After the entertainment was over there was a dance. I was at the dance, tut went away between the entertainment and the dance. Henry was there when I left, but I did not see Alick. I was away a quaiter of an hour, and when I came back Henry was there but not Alick. I first saw Alick afterwards at the fire. He was throwing water on one of his own houses near the fire. I was dancing when the alarm was given with Miss Shadbolt. I saw Henry there. We finished the dance before we went out, and then went to the fire. Henry Mclntosh went with me to the fire. When I saw Alick that night I asked him if he remembered about that £5 and he said " yes," or something like that. I mentioned this conversation to Mr Pawaon about a month after the hotel was burnt. I spoke to Alick Mclntosh the day he was arrested, telling him they were going to summons me as a witr.ess, and he said he had forgotten all about it. Last night Henry Mclntosh came to the house, and asked me to prove he was in the school when the fire took place. He came to the house and said he wanted me to prove also that he came to our house for a book ; and also about the horse that he had. I told him I could prove he was at the school the night of the first fire.

By Mr Joynt: Two or three weeks before the fire, in his own house, Alexander Mclntosh said he would give me iis to burn the hotel dovvn. It was during dinner. Mrs Mclntosh was, I believe, the only other person present. I used to dine there every day whilst I was working with him. I knew Miss Pawson. I do not think she was dining there that day. The conversation began with our both agreeing we could do without a public house there. Directly afterwards he found I agreed wilh him that we could do without the public house he offered me the £5 to burn it down. We were good friends, just ordinary friends, I used to go to his house sometimes as a friend. When he said it I thought he meant it. [ did not think he was in jest. Afterwards I thought it was a joke. When I said the offer was not good enough he did not make me a better offer. I kept th i conversation in my mind for aeven weeks without mentioning it to any one except to accused on the night of the fire. The reason I did not mention it was because I did not want anybody to know about it. 1 mentioned it to Mr Pawson because I thought he wouldn't tell anybody. Pawson is a brother in law At the fire he said something like yes when I asked him i£ he remembered his offer of £5. I won't swear he did not say I don't remember arij'tliing about it. He said, " yes, I remember it" I did not say this before, because I did not recollect it at the time. The wind was blowing from the hotel to Alick Mclntosh's houses on the night of the fire. His

houres were in some danger of being buried, as sparks were flying right over them. I and others were helping to save the houses by throwing water on them. I do not know the date the stable was burnt, but remember the fire. Henry Mclntosh was at my father's house that night. He told me he was going for a book, I did not hear him ask anyone for a book, but he told me before he went in he was going for a book from my mether. I did not see him get the book My mother was in tho house. He left the house about 9.30 p.m. He stoppeJ ta)k-_ ing to me outside for ten or twenty minutes. There is a clock in the kitchen ; Ido not know if it was right or wrong that night. I don't know how wo regulate the clock. It was near ten when he started to go home. He was riding. It would take him 10 or 12 minutes to ride down at an ordinary pace. His road is right down the valley road. The road is not much frequented. Ido not know when tho fire occurred that night. I stopped at Pawson's that night, a mile further up the valley.

By Inspector Pender: I did not see Mclntoßh with the book when he was conversing with me on the night of the stables being burnt, as it was dark. There were sparks settling on an outbuilding and Turner's house, which belongs to Mclntosh, when the hotel was burning. There were willows between the hotel and the house Mclntosh lives in. No damage was done to the buildinga. Henry Cox, sworn, said : I am a teacher residing at Little Akaloa, at Mr Barker's. I remember the hotel being burnt on Aug. 25th. I was then staying with Alex. Me Intosh and his brother Henry. I know the handwriting of both brothers somewhat. I should say this produced is the handwriting of Alex. Mclntosh. The writing of the two documents produced ia in Henry Me Intosh's handwriting. I trace a similarity in the k's and p's (small letters) in the documents G and D. (That is, between the k's and p's in one of the threatening letters and the ordinary handwriting of Henry Mclntosh.) I see no similarity between documents C and E. There seems a sort of likeness in the small k's in documents C and D. I am not an expert in these matters. I was at the entertainment on the night of the fire. The accused were both at the entertainment till it was over. I went to my lodging to wash myself after the entertainment. I saw Alex. Mclntosh after, and Mrs Mclntosh also, when I went to the house. I went upstairs to wash myself. I steyed only four or five minutes, and came down again. I walked up to the top of the hill at the back of the school with Mrs Mclntosh. I did not see Alex. Mclntosh. He did rot come back to the school. Neither I nor Mrs Mclntosh locked the door. Alex. Mclntosh may have been inside the bouse. On the way to the schoolroom Mrs Mclntosh drew my attention to a smoke which i ppeared from behind the hotel. The school is built on the hill, and when we got to the school door the smoke was more dense. I did not go down till the flames burst out of the hotel. I went into the school and told the bailiff the hotel was on fire. I did not see Alex. Mclntosh in the schoo'room, and I cannot • i ay if Henry was there. I saw no signs of fire in the hotel when I was on my way to Mclntosh's to wash. The lane leading from the post office to the schoolhouse is not more than 200 yards. Both prisoners went down to the home to wash with inj I went upstairs to wash, and when I c ime down I did not see them afterwards at the house. There was no reason given why Alexander did not bring his wife to the dance.

By Mr Joynt. I am not very clear about that night, it is co long ago to think about trifles, (witness here defined the lotters in the various documents in which in his opinion a similarity existed). I am not an expert in comparing handwriting bnt as a schoolmaster I take notice of the formation of letters. Still I do not compare them. I was lodging with Mr Alexander Mclntosh from the 7th of June to the 3rd October this year. I dined with Mr Mclntosh every day but one in September, a Sunday, during the whole of tlrat period. I remember J. B. Barker Junr. dining there whilst I was boarding there. I never heard a conversation between Mr Mclntoah and Mr Barker, Jun., about the hotel. I never heard Alick Mclntosh offer J. B. Barker, Jun., £5 to burn down the hotel, or any similar words. I never henrd Mrs A. Mulntosh say such words as "he would not risk himself to do that." I will not swear whether Henry Mclntosh went with Alick Mclntosh and myself from the school to the house after the entertainment on August 25. I believe I saw Henry Mclntosh in the house that night between the entertainment and the ball. I believe he was in the kitchen. I swear Alex. Mclntosh did not go up to the schoolhouse with his wife to the dance on the 25th. Miss Pawson walked up with Mr Mclntosh and myself. I could not swear whether Miss Minnie Mclntosh went to the school with us. Mr Thos. Mclntosh did not go up with us or J. B. Barker, Jun. I did not take Mrs Mclntosh up to the pchoolhouse on a following entertainment. I came down from the schoolhouse to the hotel whilst it was burning. I remained about half an hour at the fire and then went home to bed at Mrs Mclntosh's by myself. Mr A. j Mclntosh saw me crossing the bridge, and asked me to see no sparks fell on his buildings.

By Inspector Pender: There are traces in the anonymous letters of good writing and good diction. During tbe time I was at Mr Mclntosh's we all dined together and got up together. The rule was to go out on the verandah to have a smoke. On the occasion when Barker was there I believe he got up with us after dinner.

Alfred Roberts, sworn, said : I live in Christchurch. I was in temporary charge of the furniture of the Little Akaloa Hotel ou the 26th of August. I was the only person staying in the place at the time. There was an entertainment at the schoolroom on Friday, 25th August, the night of the fire. I attended. I went there about 7 p.m. I locked the door when I went out, and took the key with me. All the outer doors were secured, and the windows also. There had been a fire in the kitchen at 4.30 p.m., but there was none when I left, and there was no light burning. There were no other buildiags attached, but there was a fowl-house about six feet off, with no fireplace in it, Messrs Barker, sen., McKay, and Turner

went back with me to the hotel about 9 ' p.m. We bad a bottle of champagne, stopped a quarter of an hour, and then went away back to the school, locking the door first. I remained at the entertainment till the alarm of fire was given. When I got down the fire was pretty well advanced, not broken out, but full of smoke inside. One window was open, that of the room Mrs Connon had occupied. That window was shut when I went away. I cannot tell how it got open. The place was burnt down. It was about a quarter-past ten when Mr Cox came to me and told me the place was on fire. When I got to the fire I saw Alick Mclntosh there. I do not recollect seeing Henry. I remember having a conversation with A. Mclntosh after the fire. He said if the hotel were not built again he would like to buy the land to make his block complete. By Mr Joynt: I stayed at A. Macintoshes after the fire I was at the schoolroom all the time from 7 to 10.15 except when I went to the hotel with the others. I cannot say whether any of those who went with me to the hotel lighted their pipes there. It is quite likely we all did. The most of the fire seemed to be at the back of the house in a passage between the kitchen and a bedroom. I tried to save tha furniture. The dance began before the alarm of fire. I could not tell whether Henry Mclntosh remained from the entertainment to the dance. The fowl house I spoke of was a fowl house and store ioinedj with a partition between them and a verandah. It was about I 18ft by 6ft. Alexander Mclntosh and myself saved this building with water. The sparks were blowing all to Mr Mclntosh's house. I consider his buildings were in danger. There was a good deal of wind that evening.

Nathaniel Wolfe, sworn, said : I am an engraver and lithographer living in Christchurch. I have had thirty years experience in my profession, and the judging and comparison of handwriting is a part of my profession. I have been several times called as an expert in handwriting at the Supreme Court, and other places. The documents B, C, D, and E. now before me have been examined by me for some time. I am of opinion that the whole four documents are in the one handwriting, (the two anonymous letters and two letters of Henry Mclntosh's). I have come to this conclusion after long study : The word "you "in B. and C. are almost facsimilies. The writer of B. and C. could write as well as the writer of D and E. I believe the person who wrote B and G wrote D and E. [Mr Joynt cross-examined the witueas at great length as to his qualification as an expert. The witness gave his experience swearing he had been many years employed as an expert]. This closed the case for the prosecution, and the Court adjonrned till 10 a.m. to-day.