CHARGE OF ARSON.

Auckland Star, Volume LXII, Issue 106, 7 May 1931, Page 9

CHARGE OF ARSON.

DOMINION ROAD FIRE. METHYLATED SPIRITS USED. TAXI DRIVER ON TRIAL. A taxi driver, John Lewis Gunning (42), was placed on trial before Mr. Justice Herdman and a jury at the Supreme Court to-day on a charge of arson at Dominion Road on March 15. Evidence that methylated spirits had been used to set fire to clothing in the drapery shop of William S. Miller at an early hour that morning was given by a number of witnesses. The charge against Gunning was that he wilfully set fire to a quantity of clothing, which he knew was likely to cause the shop to catch on fire. Mr. J. J. Sullivan represented the accused, .and Mr. V. R. Meredith conducted the prosecution. * The first witness was a Dominion Road baker, Alfred James Arbon, who said that he saw Gunning in a telephone box at the corner of Valley Road at one o'clock on the morning of the loth instant, a mile away from the scene of the fire. He said good-night to Gunning, who nodded and said good-night. He knew Gunning well and was certain that he had not made a mistake. A nightwatchman, Ernest Edwards, employed by. the shopkeepers to look after the shops at the old Dominion Road tram terminous, said that just before 2.30 on the morning of March 15 he saw the lights of a motor car, which had stopped near the corner of William Street and Dominion Road. It was there nearly half an hour, and then left in the direction of the city. Three or four minutes after the car went Avitness saw a flicker' of light in Miller's shop. He entered the shop by the back door and discovered the fire. The blaze was about eighteen inches high, almost level with the counter. He immediately gave the alarm from a street box.

Strong Smell of Spirits,

James Maskell, deputy-superintendent of the Mount Eden Fire Brigade, said he received a call to the lire at 2.30 a.m. The fittings and clothing were on fire. There was a.strong smell of methylated spirits in the shop. It appeared that clothing had 'been put on tue lire alter it was started. A quanlty of muslin close to the fire had a large wet spot which smelt of methylated spirits. I hero was no indication that the building had been .broken into. Constable Emery said he inspected the premises afterwards and found methylated spirits on a number of articles. 4 draper's assistant employed in the shop, Stanley John Allen, said the stock wafi assigned to the creditors a fortnight after the fire. Mr. Miller left Auckland on the morning of Saturday, March 14, and witness was left in chwge. Ho locked up at 12.40 p.m. At 11 o clock on Sunday morning he heard of the fire and visited the shop. There was a distinct smell of methylated spirits on omc of the clothes, but they were then drv The back door was unlocked and must have teen opened from the inside. Kre was no sign of violence. A sum of £9 5/ had been left in , the Shop, and this had disappeared- All the Sows of the shop were found secure W To Mr. Sullivan: The locks were not broken. There were two sets of keys one of which witness had. Mr. Miner had the other set. Occupier's Evidence. Three weeks after the fire the estate was assigned in the interests of cred.tors Taid William Scott Miller, draper who was the' occupier of the shop in March On the dav of the fire he was, away at Waharoa, "but returned as soon as he heard of the damage to his stock. I here was an insurance cover of £1500 over the stock and £300 over the fittings. The stock at the time was valued at about £1100. Witness had one set of keys witn him when lie was away.

Tie 3 Identified. Four ties were produced, two of which the witness identified as a part of his stock, and 'the two others as similar. The tabs on the two latter had been removed. To Mr. Sullivan: He had been supplying goods to Gunning, and accused owed him 11/9. To his Honor: The only way the place could have been entered was by the front door. A tie manufacturer said two ties with missing tabs were similar to the ones he sold to Miller. Detective Power said he made an examination which showed that the fire had been started deliberately. On

March 16 witness made a search of a boardinghouse of accused and found two ties in a cupboard in the front bedroom. When he was questioned about the ties he said they belonged to a married woman and he had not seen them before. Accused said he was in bed on the night of the fire. On March 18 witness executed a warrant for the arrest of accused. Later accused said: "Well, I suppose I won't be the only one picked up over this." Case for Defence. Mr. Sullivan said the evidence for the defence would be that the accused was at home on the night of March 11 before eleven o'clock and did not go out again. Accused gave evidence that he went home with his wife after the pictures on the night of March 14, and was in bed by 11 p.m. He did not leave the house until 8.30 the next morning. (Proceeding.)