PECULIAR CASE

Evening Post, Volume CXVIII, Issue 102, 27 October 1934, Page 13

PECULIAR CASE

PROBATION GRANTED

MAT SET ON FIRE

Unusual circumstances wero shown at the trial in tho Supreme Court yesterday afternoon of Eobert Henry McLeod, aged 47, an advertising agent. He was charged with having wilfully attempted to set fire to the Glcneagles Flats, Wellington Terrace, and, alternatively, with having wilfully set fire to a mat so situated that lie know it would bo likely to set fire to tho flats. McLcod was found guilty by tho jury ou'the second charge, with a strong recommendation to mcrey, and, subject to his taking out ii prohibition order against himself, was admitted by Mr. Justice Ostler to probation for two years. His Honour said ho felt that,- although tho crime of which! McLeod had been found guilty seemed serious, there was such an absence of motive that it was something abnormal that had influenced his actions. Mr. F. W. Ongley appeared for McLeod.

The case for the Crown was that tho accused and his wife had lived at Gleneagles until towards the end of 1933, when his wife died. MeLeod remained at Gleneagles for a short time, and then left and went to stay at the Arcadia Hotel. It was alleged that, having bought a bottle of benzine, he went to the flats, poured the contents of the bottlo on tho coir mat outside the caretaker's quart or s, and then set fire to the mat. It was suggested by the Crown that because of his wife's death at Gloneagles .ho nursed a grievance against the place.

There was no positive evidence that MeLeod had been seen at the flats on the night of September 21. When interviewed by the police that night, he gave a fairly detailed statement of his movements until 7.30 p.m., but said he had forgotten -what lie did between then and tho time he returned to the Arcadia Hotel. Ho admitted buying a bottle of benzine, but said the benzine was for tho purpose of cleaning his clothes and replenishing his cigarette lighter. "I HAVE BEEN CURSED." Thomas Brosnan, a police constable attached to the Detective Office, said that when he charged MeLeod with attempted arson MeLeod said: "I did not sot fire to the place. I hate the place. I have been cursed over sinco I took up occupation there." Subsequently, in his room at the hotel, MeLeod had again referred to his hatred of the Gleneagles Flats, saying: "Every time Igo in there I feel lam cursed. Those flats are tho cause of my misfortunes." Giving evidence, McLcod said that in September, 1933, after his wife's death;he had a- nervous breakdown, and was in hospital for six weeks. For some time he had been nervy and suffering from insomnia. He said it had been his intention to buy a bottle of benzine on the night of September 21 Jast, and ho had accepted the statement of the police that ho had bought a bottle. Because the place was anathema to him and ho made a habit of not going near the street even, he did not think he was at the flats on tho night in question. . ' ..'.'..■'..'.

It was pointed out to MeLeod that, according to tho statement ho had made to tho police officers, not only had he admitted buying a bottle of benzine, but ho had also remembered buying cigarettes that night. The police, it was suggested to him, could not havo invented that.: -■ .; ■■■!:.

MeLeod said hO'-'eouldMiot-remember what had happened between 7.30, and 8 o'clock on the night in question. ; Called by tho Crown, Dr. J. "tJ. Williams, superintendent of the Porirua Mental Hospital, said he had examined MeLeod on October 19, about a month after the alleged offence. His examination, the history of the accused, and a consideration of tho nature of tho act he> was alleged to have committed inclined him to believe that McLood was an alcoholic, or, if not that, one who was morbidly susceptible to tho effects of alcohol . He thought it possible for McLood to have formed some intention of doing harm to tho building and then later for him to have forgotten what, he had done.

After his Honour had summed up, tho jury retired. They returned in about twenty-seven minutes with a verdict that .MeLeod was guilty of setting fire to the mat while in an unbalanced state of mind.

His Honour informed the jury that he did not think they had answered tho question complete!}'. It was necessary for them to determine whether, when McLeod set firo to tho mat (as they had found), it was so situated that ho knew it would bo likely to set firo to tho building. After another short retirement, the jury brought in its verdict of guilty on the second charge- with a strong recommendation to mercy.