SUPREME COURT

Manawatu Standard, Volume IV, Issue 280, 27 October 1931, Page 8

SUPREME COURT

CASE FROM LEVIN. At the Supremo Court to-day, before Mr Justice Blair, Myrtle Daphne Ada Jones, was charged that she did wilfully set fire to the building known as Haswell’s Buildings, in Oxford Street, Levin. Mr Cooke appeared for the Crown, and accused, who pleaded not guilty, was represented by Mr Cooper. The jury empanelled was as follows: Messrs J. N T . Jordan (foreman), W. H. Mooro, A. N. Beattie, A. H. Saxby, J. T. Smith, J. R. Ainson, F. J. Holgerson, N. E. Hansen, H. S. Davenport, W. W. Scott, J. Anderson and F. G. Withers. Counsel for the Crown, in outlining the charge, said the premises concerned were on the first storey of the building which was situated in the main street of Levin. Stairs ran up from the main street and came out at a landing just at the door of the kitchen. He detailed the lay-out of the premises and the windows therein, stating that the light from the kitchen went through to the storeroom. On the day of the fire Miss Dora Curtis, another employee, and accused were alone all afternoon,. the manageress, Mrs Meynele, being off for the afternoon; there were not a great many people about. Miss Curtis had gone to the storeroom twice during the afternoon, the last time at fivo o’clock. As far as was known, accused was the only person who had entered that room after that time. At about 5.55 accused had called to Miss Curtis to see whether she was ready to go out and on Miss Curtis going to the landing accused had come out of the storeroom. Mr A. Blilens, who had a photographic studio next door, had heard the two girls go and later had heard a noise in the storeroom. On opening one of his rooms ho had found it full of smoke. The alarm had then been given. It had been ascertained that the fire liad originated in the storeroom in a box in which it was found someone had placed several bits of paper, fine bits of wood and a wicker basket, and a sack had also been placed in tho box. Among the remains in the box was also a rubber mat which was not usually kept there. Firemen had also noticed a strong smell of kerosene and later a broken kerosene bottle with some kerosene in it was found and no one could account for tho kerosene being there. Counsel submitted that there was nothing accidental about tho fire. Suspicion had fallen on accused who was the only person known to have been in the room after 5 p.m. The fire had started very soon after accused had left tho room. The evidence to be tendered would be largely circumstantial, but he thought they would find there was a motive on the part of accused. EVIDENCE HEARD.

Arthur Royal Williams, a baker and a partner in the firm owning the tearooms business, gave evidence that when the firemen arrived on the scene of the fire he was on the landing and saw them break the storeroom door open. A fireman had gone in first, also witness’s brother-in-law and accused. He had seen accused take a stick and push a piece of wood off a shelf above a box. He had told accused not to do that. Near where the wood was seen the partition was burnt. Accused had arrived about five or ten minutes after the firemen in the ‘first place. Witness had seen a bottle of kerosene in a compartment on the wall. Counsel produced the bottle from a box of debris which was brought into court and witness identified the bottle. Cross-examined, witness said there was usually a fire in the dining-room and two other fireplaces in the kitchen. The coke and coal for the fires were kept in the storeroom. There was therefore any amount of reason for kindling wood being kept in the storeroom. Accused lived about half a mile away and she came back arriving shortly after witness got to the scene. It was usual for service car drivers to visit the premises for afternoon tea and they would go into the kitchen. They might smoke • cigarettes there, but he had not seen them do so. When accused had arrived she was just her usual self. Archibald Billens, a photographer, said in evidence that he lived on the premises of Halswell’s Buildings. His workroom was immediately behind the storeroom of the tearooms. He had been on the premises all afternoon and did not leave till after five. He had heard someone chopping wood in the storeroom in the afternoon. Shortly after lialf-past five he had heard someone in the room, then the door closed and locked and the outer door downstairs blammed and locked. Immediately the last door was locked he heard a peculiar noise in the storeroom. At one time there were a number of rats there and lie took no notice for a few minutes. He then had gone through his studio and found it i full of smoke. Opening the main entrance door, through a window in the light well at the top of the stairs he could see the reflection of flames from the storeroom. He had given the | alarm to the brigade and then gone downstairs to give the alarm to Mr AVilliams, one of the proprietors who | was a few doors away. He had heard ino one about the premises after, the last slamming of the door. There was ! a door from witness’s studio to the : storeroom, but it had never been ; opened as far as witness knew. It i was nailed up on his side, j At this stage the Court adjourned until this afternoon.