The Eden Terrace Fire.

Auckland Star, Volume XVII, Issue 207, 3 September 1886, Page 2

The Eden Terrace Fire.

Further Hearing of the Chargo Against Clarke.

Tiie hearing of the charge of incendiarism against John Thomas Clarke was resumeii at the Police Court to-day. Mr Hudson Williamson prosecuted, Mr Theo, Cooper defended, and Sergeant Pratt watched the case on behalf of the police.

Kenry Hay, carpenter, Victoria Avenue, remembered reaching the scene of the fire about 11.30 on the night of the He caw the fire coming out of one of the lower windows of Clark's house. He did not see any people about, and therefore went to the door of Mr Heath's Ehop, and ghouted " Fire !" Then he went to the back of Heath's, and found that they were just coming back. Accused was standing by some things, such a* boxes, just below Heath's back door. He believed he saw a stretcher like thatin Court amongst the things. He spoke to accused, saying, " Why don't you carry your things over to the fence, Mr Clarke? they will burn there." He had known accused for a good many many years. Accused did not make any response to his remark, but re. mained stationary where he was. He appeared to be fully dressed, in what witness took to be grey clothes. His hat and boots were on. fie did not appear to be excited, but very unconcerned. During" the time accused was standing there, he might have removed goods from.his shop if he had desired to do so. The fire was not in the front, but about the middle of the building. • By Mr Cooper : He had not been to bed when the fire occurred, and passed the building on his way home immediately before the alarm was given. He saw no sign of fire then Everything seamed qu e\ People were just beginning to assemble at the time he came up. : -, Theodore Percy "Brown deposed that ha was living with Mr Heath on the 11th o{ August last. He wan asleep at the time, and Mrs. Heath awakened him and the others. W r itDese carried his box out into the back, and then helped to carry out things until they could not go in againi He caw Clarke in the back yard when the fire was nearly all over. Clarke came up and, asked for" a coat and veeji which he had missed. Witness told him Mr Heath had saved some coats, but he did not know which were his. Witness asked Clarke if the fire started in his place,, and he replied that it started in the passage between his chop and Mr Heath's. ness then said, " You must have set it on fire." Accused replied, "Nonsense, don't talk like that." He did ro 1 ; see accused endeavouring to save anything, and he appeared vary calm, while witness was excited. Prisoner bad an overcoat op', but no hat. By Mr Cooper : Accused.had the couch on his shoulder when Le came for the coat. Mary Ann Irwin, widow, Somers-street, deposed that sho became acquainted wittj the prisoner at the Thames about a year ago. He was . staying .at hei house at the time of tile fire, arid .Had been boarding with her about .foijr months. He took his meals at her house; but did not sleep there. He elept at big own shop. She had been often into his premises. He used the middle room as a bedroom. She had seen a bed there, and there was a small open fireplace in that room. Some of accused's things were kept in the back room, besides lag and other kitchen utensils. There was a kerosene stove in the bock room. I Accused had his meals regularly at. her place, and this was so on the day of the fire. He had his tea with her about halfpast six He left the house after tea and did not come back till after the fire. The roller blind produced had never been on accused's window, but was always rolltd np. It was brought from the chop that night., Tho awning produced was al*o brought from the shop that night. ■ She was in accused's shop on the day befoie the fire. She saw clocks, looking-glasses, concertinas, fiddles, and small jewelle y in case 1 . There was much jewellery Besides the bed she saw a small box in the middle room that day, but did not believe it was got out. The boxes in Court were in the back room. The carpet, bag in Court was brought to her place on the Sunday before the fire. Witness was alarmed by the belle oa the night of the fire, and having dressed, she went to the fire. There were a good many people theie. She looked for Clarke bit did not see him for a good while. Eventually she saw him coming oat of the vacant allotment at the back of the premises with the bag now in Court, containing the cabinets. He also had a coat over his arm. All the things in Court were on the green outside the fence, but they were not tied up in their present form. Accused asked witness to help him with the things, and the first article indicated by him was the chest of drawers. They took that, and then they went back to the fire together. They made four or five trips in order to convey the things to her houee. During that time she had no conversation with him as to ike cause of the fire. The things were first put on her bed. The reason for selecting her room for them was that it was nearest the door. ' The goods would not have been safe on the verandah. Her place was not more than a hundred yards from the fire. Witness placed the things under the bed after they had all beett brought Clarke was out at this time. Wit ness did not know what these parcels con' rained when she was carrying them. When she saw him first, accused had on a short coat and a hat. The lock on the front door was no good, and the door was kept closed by a piece of iron under the door, The back door had do lock either. There was a hasp on the top, and an axe underneath (laughter, during which Mr Williameon remarked that it was evident the enterprising burglar was not about). He saw Detective Herbert after the fire tossing the things about roughly, and heard Clarke telling him not to do it. He was emptying the things out of tho bag on to the floor of the room. Clarke said these were the things in the back of the shop, and did not come from the chop itself. She did not know that to be untrue. Has always took his things out of bis window at night, and kept them in the middle room,

By Mr Cooper.—She put the things under the bed because they wero on top of the children who were in bed. She did not not put tbem under the bed for the purpose of concealment. There was not, either belore or after the fire, any attempt on Clarke's part to conceal anything in her house. Clarke protested when Herbert was pulling the things about, and said they were of value, and would he destroyed. Mrs Clarke was upset by this, and told Herbert that the slightest shake of the hair-springs would ruin them. Nothing beyond what was in Court had been brought to her house. Peter Walker, dealer, deposed that he was living at Eden Terrace at the time of the fire. When the fire took place he ran over to Clarke's and forced the door, which was not locked. There was no obstruction to tho door from behind. He went into the shop, and found that the fire was making its way from the back. There was nothing in the chop that he could eavo, and he believed that the shop had been left. Bid not see either clocks or watches. Having satisfied himself that the man was not inside, he returned out of the front door.

By Mr Cooper : There was plenty cf smoke in the shop when he went in. Constable Dennes deposed that when he reached the tire there were not many people about. The front door w.is open, tnd he went in, with tho intention of going upstairs, but he was prevented by the ?moke i>a he turned his buck, the " shop was lighted up by the fl ur.es, but witness did not see anything in it He did not see any glass cases of jewellery or anything on the counter.