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Gisborne Times, Volume XXXVIII, Issue 3573, 24 February 1914, Page 5

THE CASE AGAINST MARTIN

A PLEA OF NOT GUILTY

Mr L W Burnard appeared for Thomas Wentworth Martin who amincr out. of the same set of tacts, as charged that on or about February 4 he did counsel and procure one Eustace George Fanninto wilfully set fire to ,a building m Monkhouse Stioet, To’o"a Bav. . William Holder gave evidence simitar tn that given in the previous ease William Edward Goffe, stated that he was on the baleony .ot the Tolago Bay Hotel, and others, shortly after 10 o clock saw the fire On going into the building he saw the flames burning °ne corne of the room and some sacking burning up the side of the same, room, and -there was an overpowering smell ot kerosene. He did not tlimk the fire had been burning long. He tried to set out the front door, but it was locked. The windows were also immoveable. In witness’ opinion there was a considerable amount of kerosene use . Alexander Agnew, said that when at the building in the morning Fanning bent some nails which were in tn window to .prevent the windows being OI To G Mr Burnard: Between the time, of returning to Martin’s house with Fannin and the time they were aroused he did not notice that Fannin had left the room. Witness was not asleep, and did not think Fannin could have got out without him noticing. He was with accused on the 4th and sth, bein" in his company most of the time, and he did not think the Accused could have brought a sack containing keror * sene or inflammable material on those days without him noticing It. AVitness knew accused went to Gisborne to sell some horses.

% V To Detective McLeod: On the morning of< the 4th. he was round taking orders, accused being with him.. When delivering the orders accused did not go, but remained at the shop in Cook Street. He, heard accused give Fannin instructions to gather up all hides and fat about the place and have them sent to town. This was done on the 6th. It was quite possible for accused to have had a conversation with Fannin after 9 p.m. on the 4th without witness knowing. It was also possible for accused to have taken the kerosene and fags to the shop that night. Percy Elliott jgave evidence on the lines of that given in the previous case.

To Mr Burnard, Frederick Leslie Fletcher said that the building was worth over £2OO. Fannin attempted to insure his clothes with witness during the first week in January also, witness thought, including a bed mattress. Although the policy was not accepted, he considered that Fannin believed that he had actually effected an insurance for £25. Witness offered to go bail for Fannin, when he was first accused, but Constable Farmer would not permit him, as he was a witness in the case. He was well worth the amount of bail asked for. He remembered Fannin saying he was trying to get one on to Martin because he would not go bail.

To Detective McLeod: Fannin was under the impression that the insurance was effected.

Eustace George Fanning also gave evidence in this case. Among other things, he said that he was in conversation with Martin on the morning of February 4 in the shop which was burned down. “Martin,” said witness, “said it would be a'good job if the shop was burned down and he asked me to do it. He said he would give me £ls to do it, and I said I would accept that.” Later, Martin brought to the shop three bottles of kerosene, some rags, and a key-saw. Martin went into the cooling room and sawed two boards off, placing the rags between the lining and the corrugated iron. The sausage machine was taken away and a long discarded one put in its place. Accused told witness that he would be in Gisborne, and that he had better light the fire about February 8. When he went to the shop on the Sunday night, he found that a candle had been placed on the rags. On 'February 8 he remained at Martin’s house after 6.30 p.m. until be was informed that the place was burning. He had been in financial difficulties and accused knew this. He had received 30s a week and keep, and had a wife and child to keep. To Mr Burnard: Witness had been fined at Napier for Territorial offences, but was never iu an industrial school at any time. Since he had assisted the police in a sly-grog case, he liad been afraid and had heard it said that the people would either .turn him out of the place or fling him over the bridge. He did not say to a man named “Punch” when in the lock-up that he was going to get one on to Martin.

Constable Larmer a'nd Detective McLeod gave evidence. The detective said that on the morning of February 11 Fannin sent for him and. said he would turn King’s evidence if he would be promised his freedom. The detective said lie could make no promise, and Fannin said there were two of them in it, but he would say nothing that day. The following witnesses gave evidence as to supplying Martin with stock, the sums named being owing by Martin for supplies:—E. B. Boland (£42); John Edward Moore (£B9 14s); John Wachsmann (£33). Arthur H. G. Hunter, accountant at the Bank branch, said that none of accused’s cheques were dishonored. Accused’s book debts, he would estimate, totalled £3OO or £4OO. Accused pleaded not guilty and was committed for trial, bail being allowed in one surety of £IOO and self in £IOO. Bail was forthcoming.