GUILTY OF ARSON.

Auckland Star, Volume LIX, Issue 261, 3 November 1928, Page 10

GUILTY OF ARSON.

TWO FORMER POLICEMEN.

NAPIER STREET FIRE.

TAXI-DRIVER ACQUITTED.

Guilty of arson was the verdict returned by the jury against two expolicemen, Thomas Francis Carroll, 29 (Mr. Sullivan), and Sydney Francis Waters, 33 (Mr. Moody), who stood on trial at the Supreme Court yesterday before Mr. Justice Smith. Charges of conspiracy to defraud, arising out of the explosion and fire which occurred in Carroll's grocery shop in Nawpier Street, early on the morning of August 29, were also brought against the prisoners. On these charges the jury found them not guilty. Carroll was found guilty on a charge of making a false declaration in regard to the insurance on the shop. James Tait, a taxi-driver, 33 (Mr. Singer), who was also charged with arson and conspiracy, was found not guilty on both counts. In finding Waters and Carroll guilty of arson the jury made a recommendation of mercy. Detective-Sergeant Doyle said in evidence that both men had good records while they were in the police force. Detective-Sergeant Bickerdike said he had an interview with Tait before his arrest, and Tait had denied all knowledge of Carroll or Waters. Waters had admitted in a written statement that he and Carroll agreed the store should be burned, and groceries were removed from it the preceding night. Waters said afterwards: "If I had not received an injury to my arm from the explosion at the shop, I do not think you would ever have found out about the fire." Mr. Moody said Waters' good character should weigh with the jury, and there was nothing to justify the jury in finding the men guilty of conspiracy. Mr. Sullivan submitted the evidence was consistent, in many cases, with the innocence of Carroll; and there was no evidence that he had set the building on fire. Mr. Singer contended Tait was in an entirely different position from the other two accused, and that he had been a perfectly innocent tool in their employ. The references to him in the evidence were all consistent with his innocence. The jury returned after a retirement of two hours and five minutes. Sentence was deferred until Monday.