INQUIRY.

Bruce Herald, Volume XIII, Issue 1206, 25 May 1880, Page 3

INQUIRY.

« . An inquiry into the cause of the fire at the Court House, Tokomairiro, took place on Saturday at 10 a.m., before E. H. Carew, Esq., Coroner, and the following Jury — Messrs E. Marry att, (Foreman), Jas Gray, E. Stewart, W. Taylor, J. Hollick, IT. White, F. Bastings, F. Grant, Jas. Wyber, F. Twiss, E. E. Jones, C. Graham and Wilson. Mr Inspector Moore watched the proceedings on behalf of the police. Peter Farrell sworn — I am^Clerk to the E.M. Court at Tokomairiro. On the morning of Thursday the 13th instant Mr Hughes, bailiff at Balclutha, came to me in accordance with instructions. I was engaged with Mr King, the Audit Inspector, on Tuesday, and told him that I had to go to Balclutha on Wednesday. I arranged with him to leave the books on the table, but he did not come on Thursday. On that day I went to Balclutba and took all the Clutha books with me to meet Mr King there, but I did not sec him. I brought the books back with me and met Hughes on the railway platform. We came along together and also mot Mr Taylor, who came with us to the Court House, which, we reached in about 15 minutes. Mr Taylor wanted the depositions in Regina v llamlyn, and also to affix the District* Court seal to several official documents. We all three went into the Court House. Upon my table were two large lamps which I had used the night before. I took a match to light one cf them but the lamp went out immediately. I then lighted the other one and told Hughes to get some kerosene, which was behind the counter in my room. I got it out myself and put it on the steps near the Bench ; the tin was not full, there was not much in it. Hughes brought the lamp to the steps, and when 1 turned round ■, from where I was sitting I noticed that the filter was overflowing. I took the kerosene tin from him and filled the lamp myself, telling I him to get a cloth and wipe the lamp. He brought the lamp to the table, and as he was gointj to put it upon it, the globe fell off and broke. I told him to put the lamp away altogether, which he did. I put some papers into my room, and also the lamp, placing the latter on the centre of my counter, and turning (the wick down to about half burning height. I came through the Court and out by the frout door, Mr Taylor and Mr Hughes having gone out just before me. I overtook them almost immediately and we called at the Camp Hotel for a minute. Mr Taylor then left us and Hughes and myself came along together, when I asked him if he wanted to go buck to the Court, and I. would give him the key. I put my hand into my pocket, but could not fiud the key. I discovered it between the lining of my pocket, gave it to Hughes, and went home to have tea. There was a lire in the Resident Magistrate's room on Tuesday; no grate is there. 1 had tea and remained about 15 minutes. On coming out on tbe main road, two small boys were running by in a great hurry, and one of them said, "Mr Farrell, make haste, the Police

Camp is on fire." I ran as quick as I could and met Mr Bourke and another man who lives there ; they told me the Courthouse was on fire and I could see it blaze then. (A plan was produced and witness described the various localities as they were situated before the fire). The front door waß locked, and I tried to open the door leading into the Resident Magistrate's room, but the key would not act. I then called for some one to get a rail out of the fence to break the door open, but at the same time a man came with an axe and the door was soon opened. Witness then described how he tried to get into the Court room but the smoke overpowered him, causing him to lose his toad and he found his way out with difficulty by following the sound of a voice outside. A few volums were got out through the broken window, and in less than five minutes the whole building was a mass of flame. To the Coroner— l did not see Hughes till the fire was over. I asked him where he was during the fire, and he said he came down the road to look for me. He said he might have gone to the police camp first. About 15 minutes after this T met him again, when he commenced to talk about the fire. I cautioned him not to talk about it then. He said, " 1 may be blamed for it." He did not seem to remember anything, and he denied having gone back to the Court House after I went to tea. As far as I remember he was perfectly sober when I left him, but he became very excited. He is generally a very careful man. I found it necessary to put him into hia own room at the Camp Hotel. Several parties j;were present at the time. To a Juror— The reason I left the lamp burning was because I intended to come back. All the money in the Court House was a few shillings belonging to myself. Walter Taylor, Barrister and . Solicitor of the Supreme Court, deposed — he accompanied last witness to the Court House on the evening of the 13th and stayed there about 20 minutes transacting business. The remainder of Mr Taylor's evidence corroborated jthat given by Mr Farrell. Henry Shaw, laborer, living at Helensbrooln deposed — I remember Thursday evening. 1 passed the Court House on my way to Milton at about 5.30 p.m. I noticed a light in the Court room. I returned from town about 20 mm past six, and noticed a strong light as it something was burning. I saw there was a fire and it was ia Mr Farrell's room ; I could see it through the window. I saw do one about, but sent my boy to the Sergeant of police, and I went to give the alarm at the Constable's. I heard a uoise as if there was a door being shut. I turned round and saw a man pass through the open gate and on to the main road. He walked rather quick ; I thought I knew the features but could not recognise him. I afterwards saw him in the Camp Hotel and returned to the fire. Mr Farrell came almost immediately after me. When I saw Hughet> at the Camp Hotel, he looked excited^and confused. I heard him say he was mad. Apparently he was quifce sober ; I did not see him at the fire. 1 Frank O'Halloran, sworn — Was at the fire at the Court House and only four of us were there then, including Mr Farrell and Mr Bourke. After that I v/as in the kitchen at the Camp I Hotel, where I saw Hughes, who seemed to be greatly excited about the fire. I heard him say that he was inside the Court House, when he heard the fire cracking behind , him. He said the door was fastened, and I replied that it was very queer for a man to lock the door and leave the fire inside. He said that he knew more about the fire than anybody else. (Witness then dsscribed what passed in the kitchen). Next morning he asked me several times as to what he had said the night before about the lire. He appeared to be excited after the fire, but he was not drunk. To Inspector Moore — Mr Farrell was not I present wben a statement was made to me by Hughes. Catherine Bourke, wife of David Bourke, landlord of the Camp Hotel, gave a general account of what was going on during the fire, and testified to seeing Hughes stauding against the Hotel with a top coat over his arm. Saw him in the kitchen after the fire. He said it a piby for Mr Farrell to be so alarmed about the fire, and that it was just as bad for him (Hughes) as he was the last to como out. Frauk O'lialloran was thore at the time. Hughes seemed to be quite sober. To Inspector — 1 heard Mr Farrell say that if Hughes was not in the Courthouse after him, he would take the blame on his own shoulders. David Bourke, landlord of the Camp Hotel, corroborated on the whole the evidence given by previous witnesses. To Inspector Moore— On the day after the fire I went to Mr Farrell's house, and told him what I had heard my wife and Frank O'Halloran say about Hughes. Mr Farrell and myself went to the Sergeant to make a statement. A. W. Grant gave general evidence as to seeing Hughes in the bar of the Camp Hotel. l'eter Farrell, recalled — There were some kerosene marks of some years standing in my room, but not any recent ones. I used to keep brown paper under the counter, but not lately. The fireplace in my room has had no fire in it for the last few years. I kept old packing paper in a ease near the nrcpliice. W. Strain, constable, stationed at Milton, deposed — I passed the Courthouse at five miuutcs past 5 on Thursday evening, when I saw a dim light in Mr Farrell's room, and a bright one in the Court-room. When I got to the railway station I saw the fire, and turned back. There was a large crowd of people there and the whole building was enveloped in flames. I did not see Hughes either before or after the fire. I did not cry out fire, but carried water to protect my own building. Samuel Hughes, sworn, deposed — I am bailiff at the R.M. Court at Balclutha, and came to Milton on Thursday, the 13th instant, at Mr Farrell's request. I was engaged in the Conrthouse all day. I mot Mr Farrell at the railway station, and went to the Courthouse with him and Mr Taylor. We remained about threequarters of an hour, and left together. Mr Farrell pulled the frout door to — that locks it. Mr Farrell took the key, and we all went down the road towards Mr Farrell's house. When we were nearly there, Mr Farrell thought he had left the key behind, and turned back, but before we got far he found the key in hia

pocket, and gave it to me, whereupon he went to his tea. I walked up and down the road between the Hotel and the Courthouse about half a dozen times. Presently I heard a noise behind me, and on turning round I saw Mr Farrell's room all in a blaze. I ran round to the front door, opened it, went inside, and made my way towards the door of Mr Farrell's room. I opened the door slightly, and found the room one mass of flames. I pulled the door towards me to shut it, and made my way out by the front door. There was no light in the Court-room. I came out at the front door and took the key with me. Just then I heard Constable Strain sing out "Fire!" I went down the road to acquaint Mr Farrell of what had occurred. When I got near his house, I was informed hy some person that Mr Farrell had already gone up to the Courthouse. I had then left it some three or four minutes, and returned again to the scene of the fire. I met Mr Farrell on the road — he was then coming from the direction of the fire. After this my mind went completely away from me, and I do not remember what I did, knowing that so many valuable documents were there. The remainder of this witness's evidence was simply a lot of muddled statements and contradictions, which gave no clue to the origin of the fire. The same witness to Jurors — When 1 went into the Court-room, the door of the Clerk's room was shut. I remember nothing about writing eight or ten lines. Ido not remember how many drinks I had on Thursday. As far as I can remember I had no more than four or five drinks during the whole day. The Coroner briefly summed up, saying that the evidence was of such a lengthy nature that he could not undertake to comment on it. The statements made by Bailiff Hughes were very contradictory, and it is clearly shown that he was the last person in the Courthouse. There was strong evidence against him, as for instance Constable Strain's, who had seen a bright light in one room, and a dim one in the other. If so, the suspicion is that Hughes was engaged in the Court-room, But even if Hughes was the cause of the fire, it does Dot follow that he did it as a crime, as he could have gained nothing by it. If he did set fire to the building, he had not the least motive for so doing, though he might be afraid that he -would be charged with negligence. He would now leave it in the hands of the Jury. The Court having been cleared, the Jury remained in consultation for about twenty minutes, when the following verdict was given : — " That there is not sufficient proof to shew how the fire originated." A rider was added to this effect:-" That, if Bailiff Hughes had exercised some presence of mind, on the discovery of the fire, a large amount of the contents of the building might have been saved."