CHARGES OF ARSON.

Horowhenua Chronicle, 7 February 1936, Page 5

CHARGES OF ARSON.

LONG TERMS OF IMPRISONMENT

IMPOSED,

The hearing tool; place in the ■Supremo Court at I'almerston North, on Wednesday, before His Honour Mr. Justice Blair, of a charge against John Arinand Borlacc, a taxi-driver. Accused stood indicted that on October "!Sth, at I'alnierston North, with Edwin Bloomficld McGill did commit arson by wilfully setting fire to a house known as 12S College Street, the property of the estate of the late Priscilla Cnibbe, and that accused did abet the said McGill in the commission of the offence, thereby becoming a party thereto and guilty thereof; that on the same date accused did break and enter by night the house of Harrild Hales Hutchison and Mavis Eileen Hutchison, with intent to commit a crime therein; that on the same date accused did steal from the house of Harrild and Mavis Hutchison certain brass candlesticks of the value of £2, their property. Mr. G. E. Kowe appeared for accused, who pleaded not guilty to all three chargs. Detective E. Barling stated in evidence that he was a member of the police party which waited at the house, on the Sunday night, and he described the happenings there. McGill, intercepted when he came out, said: " I'ou had better hurry, .she's on fire," or words to that effect. Owing to the density of the shrubs, no trace could be obtained of the other two men, and the fire demanded immediate attention. Witness detailed the discoveries made in the hall of the house. After obtaining a statement from McGill, witness interviewed Uwrlnce. The hitler admitted that he had driven McGill to Feilding, where six bottles of methylated spirits were bought, and accused confirmed McUiU's statement that he (BorlaceJ did not then know what the spiiriUs were for. McGill, who had pleaded guilty to arson, had been committed to the Supreme Court for sentence. He had informed witness that the back door had been left insecurely fastened. COUNSEL'S SUBMISSIONS. No evidence was tendered for the defence, and both counsel then addressed the jury. Counsel for accused said the hitte>: had no motive for the commission of the crime. Unless the jury were satisfied that accused had gone to the premises with criminal intent uppermost in his mentality, and a 'guilty mind, he must be acquitted under the law. He had been offered no reward for taking part, and took the risk, of incurring the penalty of the law for his pains had he gone there with intent to commit arson. He had left, the premises before they were fired. The definition of abetting meant instigating and inciting a person to commit an offence. Accused did not do that, because he was in the house before he divined the actual intention of McGill. It was McGill who had actually entered the premises, which were being abandoned to the flames. That being so, Borlace could not commit theft by criminally depriving the, owner of the goods about to be burned. His Honour then summed up, the indictment being altered to read that Borlace did "aid or abet." Though he said the second and third charges suggested complicity in arson, he added that he would be bound to direct the jury to bring in verdicts of not guilty on the actual offences these counts alleged, and the jury could confine their attention to the first.

Subsequently the jury found Borlace guilty on the arson charge, with a recommendation to mercy, but not guilty on the other two counts.

MCGILL AND BARRINGER SENTENCED.

Edward Bioomfield McGill, aged 3f>, a relief worker, and Edwin Walter Barringer, aged 40, an electrician, were charged with setting fire to a house at .128 College Street and the Makotuku Hotel respectively. Outlining the case for the prosecution, the Crown .Solicitor (Mr. H. R. Cooper) stated that McGill, accompanied by Borlace and another, Hankins, had allegedly gone to the house, in College Street, where McGill had bored holes in the hall wall and poured' in Methylated spirits, meanwhile telling Hankins and Borlace to help themselves to anything they fancied in the house. Before "McGill finished the job and set alight to the premises, it was alleged that accused and Hankins left the house with the candlesticks and other articles in a bag. The other goods were the subject of a charge in another case. Accused had allegedly made a statement admitting that he was there with McGill. He was not the principal party to the crime, but in the eyes of the law he was just a* guilty. Detective O. Power described how, with Detective Barling and constables, he had waited in the grounds of the property on Sunday night, October 27th. One window in the house was closed but not fastened, while a sliding door at the rear was closed, being held by a piece of chain. Just before midnight a vinan entered the ground, followed by two others, who joined him. the trio proceeding to the rear of the house. They passed within eight feet of the watchers hidden in the bushes. Later, two men left the back of the house and disappeared towards a vacant section. Meanwhile, a flickering light in the house became stronger. Shortly afterwards McGill appeared and was apprehended as he walked down the drive. Witness entered the house through the unfastened sliding door and found a fire burning strongly from holes bored in the walls. Four had been lit. and two had gone out.

The brigade were summoned to exiin{,'nifh the fire. Witness described the nature of the holes, saying there was a strong smell of methylated .spirits which had apparently hecn poured in. Corks, a corkscrew, a bag and six empty bottles smelling strongly of the spirits were found. There wer<> also two funnels and a. piece of candle. Later, two brass candlesticks were recovered from a bag under water in a drain.

The two accused having pleaded guilty were each sentenced to five years imprisonment.

ANOTHER CASE

IDENTICAL CHARGES

Subsequently the Court proceeded with the hearing of the case against William lan Hankins, a taxi-driver, aged •>{), 'who was stated to have accompanied Borlace to the house in College Street. H 0 was faced with two identical charges of arson and of breaking and entering. There was a third change against ,accused of the theft fro/n the house of a book, brass ash tray and brass cigarette box, of a value of £2.

Evidence on similar lines to that in the preceding- ease was given by James Willougby Rutherfurd, solicitor; LMrivi.s Kiloen Hutchison, and Detective Power. The last-named produced a statement given by Hankins concerning his movements on the night of the lire, and explaining how he had come to be present in the house. According to tnis statement, McGill had met Hankins and Borlace and asked them if they would like a "handful of something nice." They had said they would, and accompanied McGill, who had a bag. though they did not know what was in it. On the way, McGill said Hutchison's house was to "go up," evidently meaning that it was to be burned. He said there were some good books there, and it would be a shame to see them burned. They followed McGill to the house, where they searched for the books and other articles while McGill bored holes in the wall. Accused finished one for McGill at the latter's request, and took away the augur. They poured liquid in the holes and then, becoming alarmed, left the house before it was alight, leaving McGill there. Accused was sorry that he had taken part in the affair, as he had no reason to do so, and received no payment. Both he and Borlace had been very reluctant to have anylhing to do with it. He was remanded for sentence.

HOTEL TIRED FOR SELFISH MOTIVES. BAKER GETS SSVEN YEARS' HARD LABOUR. In connection with the burning of the Makotuku Hotel on May Bth, UK',:',, Douglas Henry Colin Baker, brewer, of l'almerston North, aged 50, who was found guilty, was sentenced to seven vears' gaol with hard labour. "T can't eee a single redeeming feature in this case. It is a most lamentable one. Tin-re might have been guests in th"! hotel at the time and you were prepared for purely selfish purposes, to endanger human life." These were the comments of the Hon. Mr. Justice Blair in passing sentence. The charges against Baker were: —

(1) That on or about May Slh, M'tt, rind on divers dates prior thereto at Makotuku and Palmerston North, lie did conspire with Edwin Walter Barringer to commit arson.

(•>) That Barringer did commit arson by wilfully setting fire to the Makotuku Hotel, the property of Baker, and that Baker did counsel and procure of Barringer to commit the said offence and thereby become party to and guilty of it.

Baker's defence was handled by Mr H. F. 0 'Leary, K.C., of Wellington, and Mr. T. M. N. Eodgers, Palmerston North, while Mr. H. R. Cooper, Crown Prosecutor, conducted the police side.