Poultry Farmer On Arson Charge

Press, Volume CII, Issue 30066, 26 February 1963, Page 14

Poultry Farmer On Arson Charge

(N«w Zealand Pre** Association) PALMERSTON NORTH, Feb. 25. Mr Justice Haslam, in the Supreme Court, Palmerston North, today rejected an application to have a police officer in charge of investigations leading to a charge of arson, excluded from the Court with other witnesses.

The application was made by Mr C. G. Hubbard, who is appearing for William Cain, a former poultry farmer, aged 65, who is charged with arson and with attempted false pretences.

Mr R. C. Savage, of Wellington, is appearing for the Crown.

The Crown alleges that the arson was committed at Bainessee road, Bainessee, on November J, and that Cain subsequently claimed £lOO4 4s from the Alliance Insurance Company for furniture alleged to have been lost in the fire.

After an application by Mr Hubbard for exclusion of witnesses, his Honour said: “I assume, Mr Hubbard, that the usual exception will be made with the police officer in charge of the case. Mr Hubbard: Well sir, the police officer in charge (Detective Inspector F. A. Gordon) did take a statement.

Mr Savage: With respect, sir, I have come from a distance for this case and I feel I am entitled to have the police officer assist me.

His Honour: Mr Hubbard, Mr Savage must be entitled to be able to refer to the police officer. Mr Savage said the Crown would claim that on October 29, Cain, with his wife, went to Gisborne. On October 30, Cain returned to Palmerston North, stayed the night in the house and next day went to Wellington. The Crown further alleges that Cain booked into the Hataitai workers' camp. On October 29 he hired a rental truck and arranged storage for his furniture. He returned the truck on October 30, added Mr Savage, and an hour earlier stored his furniture. Cain, he said, later returned to Palmerston North and evidence would establish that he was seen on the train. Called by the Crown, Leonard John Aden said he was a trustee of the Aden estate, owners of the house at Bainessee occupied by Cain. Cain frequently showed hostility and antagonism towards witness and for that reason witness kept clear of Cain.

Marks of Vehicle

Edward Francis Annear, a police constable, said he called at the property on November 2. The ashes of the fire were still too hot for a close examination. There appeared to be no remains of household furniture or effects. There were marks of a heavy vehicle having gone over the ground from the Taranaki gate to the house and at one place there were skid marks. At no point did the marks go near the garage. On November 6, he made a detailed search of the scene, and gathered some pieces of the remains, witness said. The gates were still padlocked, as they had been on his first visit. There were remains of a stove, refrigerator, camp stretcher and enamel mug. Peter McKay Gordon, a solicitor, said that when he was acting for the Aden estate, Cain had told him he was having trouble with his water supply. He wanted it fixed, as he wanted to develop a poultry farm. On one occa-

sion, Cain complained to witness about the terms of the lease. At the time he became aggressive about the estate and to witness personally. Senior-Sergeant James Henderson said be travelled from Wellington to Palmerston North on the Limited express on November 1. Between Levin and Palmerston North, accused came into the carriage he was sitting in. The train did not stop at Levin, or between there and Palmerston North. Hired Track

Bryan Gardiner Thorpe, manager of Burke Bros. Rental Cars, Wellington, said accused, who gave his name a* James Henry Wood, hired a truck from the firm on Tuesday, October 30. Tarpaulin and ropes were supplied with the truck. When “Wood" returned the truck about 10.30 a.m. the next day, the meter showed it had travelled 212 miles.

Witness said he identified the accused as the hirer of the truck at an identification parade at the Wellington Central Police Station.

Terence Edward Long, a partner in a property storage firm, identified accused as a man who, giving the name Kane, had brought a truckload of furniture to be stored in the firm's Rintoul street store. There was a bedroom suite, a table and four chairs, a wardrobe, and other assorted furniture. Kane said he wanted it stored for a fortnight Maurice Charles Andrews, of Andrews Furnishers, Palmerston North, gave details of goods purchased by accused from his firm under a hirepurchass agreement.

He said he inspected some furniture at the store of the previous witness’s firm in Wellington, and every item was one bought from his own firm by accused. Detective-Inspector Gordon said that on the Monday after the fire, accused called at the Palmerston North police station and said that a very great friend of his had told him his house and contents had been destroyed by fire. When asked the name of his friend, accused could not remember it

At this stage, the hearing was adjourned until tomorrow.