ARSON CHARGE

Press, Volume LXXXII, Issue 24869, 8 May 1946, Page 10

ARSON CHARGE

ACCUSED COMMITTED FOR TRIAL EVIDENCE IN LOWER COURT HEARING ■ AUCKLAND, May 6. Charged with attempted arson, barman, Alfred Michael McDowell, aged 36 'Mr Fleming), appeared before Justices of the Peace in the Magistrate’s Court to-day. Margaret Alice Dare, a married woman, living at Nikau street, Mount Eden, said she had known the accused for more than 10 years, and for part oi that time he had boarded at her house. He acted normally until the beginning of March this year, When he did not know what he was doing, and thought that people we. . chasing him for his money. On March 4 he was admitted to the Avondale Mental Hospital, where he remained for about a month, after which he was discharged. The witness was quite willing to have him back as a boarder, but he left. On occasions he was very abusive, and on the afternoon of April 16, when she met him in Symonds street, he said if she did not have him back he would burn down her house and break every window in it. On that afternoon the witness gave a children’s party, and later some guests were entertained m the evening. It was a quiet party, and little beer was consumed. About 11.45 p.m. witness’s son, left the room, and she heard a noise as though he had slipped down some steps. The witness and some others went to the rear of the house, and found her son struggling with the accused. There were two fires under the house, one near the basement doorway and one further inside. The first was in a quantity of kindling wood, and the second in a large box of newspapers which had been placed on an old sofa. The witness thought that if both fires had not been extinguished the. house would have caught fire. The witness said there were six children in the house that night. Two were asleep upstairs, and three in her bedroom on the ground "floor. One of the fires was placed beneath her bedrooni. To counsel, the witness said she and the accused had always been very good friends. He was always decent until he took intoxicants, which was often, but he always received a welcome at her home. She would not like to say whether she considered him cured after he left the mental hospital, as she did not think his speech was as it ought to have been. The accused had no reason to be jealous- of her. A son of the previous witness. Thomas Dare, said he left the room and went to the back of the house about 11.45 p.m. When he was going down the back steps he noticed that the basement of the house was illuminated. He went to the basement doorway and saw a fire. The accused was near the fire, and approached witness with an axe held over his head in a threatening attitude. The witness engaged in a struggle with the accused, and eventually overpowered him. holding him until the guests put out the fires. The witness did not see the second fire. To Mr Fleming, the witness said he could not say that the 'sticks in the fire were in the same position as they had been before they ignited, but he considered that if the fire had not been extinguished the house would have caught alight The fire was put out with water from some tubs 12 or 14 feet away, and he did not notice a wet sack in the tubs.

Detective Cromwell said that when he arrived at the house the accused was in the backyard with the previous witnesses and some people. His clothing was wet. and he appeared to have been in a fight. He was in his stockinged feet, and a pair of shoes found fitted him.

The accused told the witness he had come to get a drink while he was packing some of his belongings. The accused showed signs of having taken Houor. but he knew what he was doing. When taken to the detective office he made no comment.

McDowell pleaded not guilty. • and was committed to the Suureme Court for trial. An application for bail was refused.