THE EDEN TERRACE FIRE.

Auckland Star, Volume XVII, Issue 205, 1 September 1886, Page 5

THE EDEN TERRACE FIRE.

Charge - of Incendiarism Against

J. T. Clarko,

JoiisTlios, CIiAKJvF, who was arreated on 1 ho occasion of tho recent fire at Eden Ton-ace, was brought beforo Mr 11. G. Soth Smith, Aesidont Magiet rato, to day, and chargod with unlawfully and maliciously sotting fire to a certain building, to wit, a dwellinghouse, the property of John A. Beale, with intent to defraud tho Norwich Union Insurance Company, at Aurkland, on August 12th.

Mr Hudson Williamson appeared for tho prosecution, while Sergeant Pratt also watched the case on bohalf of tho police. Mr Theo. Cooper appeared for iho prisoner, an elderly man of respectable appearance. In opening tho caao, Mr Williamson wont very fully into the details of tho evidence. Ho explainod that Clarko oocu pied the premises by himself, and used tho front part as a shop, and the two back room? as a residence. Ho had hia meals at the house of Mra Irwin, a widow, who lived in Summor-streot, some little distance away. Tho ovidenco would show that tho firo took placo in iho middle room, and that Clarko immediately aftor tho outbreak was scon fully dressed, and quite cool and composed, shewing that he was prepared for the occurrence. No alarm of tiro was givon by Clarke to his neighbours, and thia°tact would bo proved by Miss Johnston, who lived noxt door, and who must havo hoard nn alarm had it boon given by Clarko. Miss Johnston believed, from the appearance of tho tlamo and tho rapidity with which it spread, that some element was introduced to aid combustion. Tho shelves, which on tho pioviotia day wore filled with jowellory, appeared to have been swopt tho night before the lire. A littlo girl named Coles would tell the Bench that alio saw tho shelves empty on that: evening, whilo other witnesses would bo called to prove that they woro full of goods that day. Only two boxes and a bag wero known to bo saved from the building, and tho accused admitted that these packagos had been got out. When the polico arrested the prisoner they searched tho house of Mra Irwin, whore the accused got his meals, and they found parcels in various parta of the house. A portion of these were under Mrs Irwin's bed. Ono was an iron box, containing £S0 worth of jowellory, and the others a cabinet with £40 worth of jewellery, a cabinet with £00 worth of jowellory, a wooden box with £G worth of goode, a black box with £1S worth, and somo othor articles. Tho total valuo of those goods waa £230. The evidence would go to show that on tho day before the fire these articles wore ia the shop. Tho intent to defraud 1-iy principally on this fact, that the policy of insurance in the jNorAich Union Oflico expired ou the 12tn, a id tho firo took placo ou tbe 11m. When rhri prisoner was arreated tho notice oi expiry of insurance from the Company waa fouutl in his pocket. j\o proof of loss had been sent in yet, owing to the man's arrest, but ho bad made application to havo the timo in which he could send in proof of loss extended beyond the usual 15 days.

Mr Cooper said it should also be mentioned that tho Company had definitoly refußed to grant tho request. Mr Williamson said this was not so. Tho agont had merely stated that it was not in bis power to grant the request. Mr Williamson concluded by commenting on the frequencyof these fires,and the alarm which they were occasioning, and said it was quite time that a stop should be put to the crimo of tire-raisiog, which was evidently being practised in Auckland now. Job Wnllis Heath, bootmaker, but formerly in the building trade, deposed that he built the premises which Clarke occupied in Eden Terrace. He certifiod that the plan of the buildings produced was a correct one.

James Mitchell Walkor, detective, and formerly surveyor, deposed that the plan produced had been prepared by him, and was a correct one.

Thomas Samuel Jack, accountant for tho Norwich Union Insurance Company, gave evidence respectingthe transfer of accused's insurance policy from Karangahape Road to Eden Terrace, and also tbo notice of expiry of the proof of lo3s. He had written the letter produced, stating that there was no power to alter the conditions respecting the time in which proof of loss should be sent in. The fourteen days expired on Thursday last, and no proof of loss had been sent in.

Mr Williamson : This is only for tho sake of throwing mud at tho Company, isn't itt Mr Cooper ; Oh, bless you, no. Tom Keosing, watchmaker and jeweller, of Victoria-street, gave cvideneo respecting the content.-; cf tlio various packagos Found in Mrs Irwin's houso. Thoy included bars of molted gold and a quantity of retorted gold, a £20 note, jowellory of various kinds, including ladies' and gentlemen's watches, ladies' brooches, etc., and a quantity of clothing John Erickson, carrier, Eden Terrace, deposed that he resided in Eden Terrace, near tho'premisea occupied by Clarke. On the night of tho fire, his littlo girl called him twice, and he turned out. Looking out of the window, lie saw llamcs i3Buing from Clarke's houso. 110 bad not heard any alarm of fire up to this timo. Ho wont up to Clarko's, and saw a man standing in tlio doorway. Ho appeared to bo endeavouring to get something out of tha houso. Ho went up, and tho man asked him to give bim a hand out with his traps. Ho could not say who that man was, because ho did not look at his face. Ho believed the man was fully dressed, in a grey suit of tweed. He helped to remove the traps, consisting of three boxes, and a bundle of clothing. Ho could not sco what became of the man, but ho was not crying "fire" whon he was pulling these bo\_3 about, Whon witness was at the back door, he saw signs of fire. There was a good deal of thick black smoke. He did not see any other boxess in tbe yard b« Bides those which he removed. The man did not seem to be excited, but witness was. He heard no cry of fire at all that night The man did not give any account of how thefireoriginoted, and no words passed between them. The man was about thesame build as accused, but witness did not look at his face. The boxes taken out of the house were left in the yard, and witness did not take them down to Mrs Irwin's. Immediately after he removed the boxes, he went to Colss's, which was next to Mrß Beedell'a.

By Mr Cooper : He did not carry out tho bedstead, nor did he see it. Ec did not think he touched the large bos pointed out in Court, but be could not say. Detective Herbert deposed that ho first know the accused at the Thamrs about three years ago, whon he was a sottler. On the nightof thefirewitnesssawtheprisonerlooking at the fire. He was standing on tho Now Noxth Road Witness poiotod the prisoner out to Sergoant Gamble and Constable Dewes, who asked him questions as to the origin of the fire and tho amount of his insurance. Chrk objectod to being questioned, and refused to reply. He was fully dressed then, having on coat, trousers and vest, hat, boots, overcoat, watch and chain, and necktie fastened in a bow.