FIRE INQUEST.

New Zealand Herald, Volume XI, Issue 4049, 4 November 1874, Page 3

FIRE INQUEST.

The adjourned inquest upon the recent lire in Wakelield-street was resumed before Dr. Pliilson and the jury empannelled on Thursday last, at the Anchor Hotel, yesterday afternoon. John Kcmsley v;as present in the custody of tlie police, and Charles Woodward was also ia attendance. F. M. P. Brookfield, Esq., the Crown prosecutor, conducted the enquiry. Mr. Hesketh appeared for the prisoner Kemsley, and Mr. \V. L. Ilees for Woodward.—William Avery deposed : On the 21st of October I was residing in Rutland-street. The house I occupied was a small cottage immediately in the rear of Kemsley's shop, which was lately destroyed by fire. Sly mother, sister, and a Mrs. Stringer were residing in the cottage, as well as myself. I was out on the evening of the 21st, and returned home at about a quarter past 11 o'clock. After I got home my mother, sister, and Mrs. Stringer retired. I went to bed shortly afterwards. At that time there was no lire in our house. I slept in the room next to the prisoner's shed. I fell asleep, and was afterwards awakened by a noise. As soon as I awoke I opened the door, and looked out into l\utland-struct. I then saw a light, and heard a noise as of fire roaring. I called out "Fire," awakened my mother, and ran over to the lire-bell and gave the alarm. When I was in the street I could see the fire breaking out through the end of the prisoner's shed. After ringing the bell, I returned to the house. According to the best of my belief the fire originated in the shed at the end of the prisoner's premises. I am quite sure it did not originate in our place. —To a juryman : There was a paling or two off the dividing fence between our yard and a passage leading to Wakelield-street. There was no lire in my place after 5 p.m. —Constable Tieruey deposed as follows : I was on duty in Queen-street oil the morning of the 22ml of October. I was between the Pacific Hotel ami the Junction when 1 saw fire rising from a shed at the back of Mr. Kcmsley's shop. I tried to get to the fire by a gateway in llutland-street leading into the shed, but found the gate was fastened. I then went and rang the fire-bell. I then, with help, broke open the door of the passage between Ivemsley's china shop and the Charlemont Hotel. The gate led into the hotel yard. I could not get into Kemsley's yard, but could see that the shed was partly burned down. The fire had then caught hold of the back of the house. The heat was intense, and it was not possible to save anything from the back part of Kemsley's house. When I first went up to Rutland-street I did not see anybody.—To a juryman: There may have been an opening in the fence, but I did not see it. The density of the smoke may have provented my observing it.—Constable O'Keilly gave evidence that oil the morning of the 22nd of October, at about half-past three, he heard the fire-bell at the foot.of Wakefieldistreet ring. He went at once to Kemsley's premises, which were oil fire, and hearing that the family slept upstairs, lie burst open the door and went to the foot of the stairs, but no one could either go up or down them, as they were in flames. Nothing could be saved from the house. The left-hand side of the premises was on fire. I did not see any furniture or bedding about the streets which had 'been saved from Kemsley's premises. —Peter Piper, a carpenter, deposed : I am foreman of the hook-and-ladder company attached to the Fire Brigade. I was awakened by the fire-bell on the morning of the 22nd ult. I went direct to the lire. I was then told that the family were upstairs. Just then two other members of the Brigade arrived, and I sent for a ladder for the purpose of entering by the window. 1 got to the window, but it was impossible to enter it in conscqucnce of the denseness of the smoke. Some one cried cut, " You needn't try to get in there, there's no one there." 1 thou came down and found the constable in the act of breaking in the front door. We entered together, but found it was impossible to get upstairs or save anything. Xothing was saved from upstairs, but I believe some crockery was taken out from the front shop.—John Smith deposed : I am an expressman, and reside in Flliott-street. I am acquainted with John Kemsley. On the afternoon of the 21st of October I saw him in Queen-street. He then asked me to let him have my horse and trap in the evening to go to the AVhau, to fetch his wife and children home. I agreed to let him have them, and took them to him at about half-past seven. When I went into the shop in the evening, I noticed a large packing "basket i:a the shop, full of crockery, it was there when I went away. I did not move it. In general conversation in the afternoon, prisoner remarked upon the mysterious manner ill which fires occurred. He said he had been overhauling the store at the back, and by removing some crates or other things, he had found some straw collected by the rats, and among it some matches. I took the horse and cart to the prisoner at about 7 p. in. I then went home. In the morning, at about 3.30, I was awakened by the fire-bells. When I got to the fire I found some one taking the shutters down. The back part of the building was at this time in flames. I succeeded in saving some books and papers from the inner room. I also assisted, to Bave all the crockery I could. During the course of the morning the prisoner gave me charge of everything that was saved. Earlier in the morning, I walked out to the Whau, to Mr. Maland's. I met

prisoner and his family coming into town, and told them what had happened. Prisoner and his wife both appeared shocked at the intelligence. My chief reason for going to tell him was to prevent him bringing his wife and family into town, when there was no plac<* for them to go to. The prisoner and I came into town in the express. He said in conversation that the fire would be a bad thing for him, he should lose all his furniture : in all, his loss would be about £200. At the Whau he asked me in what part of the premises the fire had broken out, and I told liim at the back. He then said something abaut it being very likely that it had its origin in the little cottage at the back, as the people in it had been drinking and quarrelling all day. I told him what I had saved. About four o'clock in the afternoon of the 21st ult., I saw the prisoner in Wake-field-street, and he then asked me if I would take a cask of lamp-shades to Dowden's, the auctioneer, and leave them there. He told mo tliey were to be sold. I don't recollect that he told me to enter them in my name. He said ho was sorry that he had omitted to make a return of it to the insurance company, as if it was found out it might get him into a bother. He did say something about entering it, but I don't know that he told me to enter it ill my own name, lie told me the cask was alongside Woodward's bakehouse. I did not remove the cask. On Friday the iirisoner came to me and spoke to me about the cask. He said lie had altered his mind; I had better not take it down to the auction room, but keep it in my own possession—put it somewhere until lie could get it again. Ho told me the cask was covered over with zinc, with a large stone on top. At about 10 o'clock a.m. I fetched the cask—a large one, about 4 feet C inches high and 2A feet in diameter. I took the cask and put it in my stable in the Market-place. When the cask was in the stable, prisoner asked me several times to take it to the Whau. On the day of the last enquiry, the 29th ult., the prisoner asked me to take the cask to a house he had rented on this side Thomas's mill, about halfway to the "Whau. I started to take it fche same afternoon. On my way X was overtaken by Detective Ternahan and Constable Bulleu, and had to bring it back to the policc-station, where it was taken charge of. The cask was in the same condition when taken over by the police as when I first took it from near Woodward's. I removed Kcinsley's furniture from a house in Ponsoaby road to the one recently destroyed by fire some four months ago. Amongst the furniture there was a crock, a tea-caddy, and a camp oyen, similar to the articles now produced. The contents of the cask generally corresponded with the household goods I removed from Ponsonby road to lvemsley's shop. I have seen Kemsley wearing a coat and hat like those produced. I have seen the bundle of papers produced before. They tumbled out of the cask when it was ill my stable. At the time I moved Kemsley's goods from l'onsouby there was not much household furniture. Oil the night of the 23th I was asked by a man named Butterworth to fetch some things from Woodward's, at the Market house. I went on the morning of the 29tli, and got two casks and two cases, and took them to Dowden's auction room. —To Mr. Heskctli : Kemsley told be ho was sorry he had not made a return of the cask of lamp-shades to the Insurance Company, as it might get him into a bother. He first told me this on the day of the lire, and several times since.—To Mr. Smart : Kemsley told me it was a cask of lamp-shades, bv.t I do not think the Whau was a likely place to take lamp-shades to. The cask must have been outside the house before the fire, as there was not time to save it after the alarm of fire had been given,— the flames were too fierce. — Detectivc Jeffrey deposed : I was roused by the (irebells on the morning of the 22nd ult., and went to Kemsley's premises. The fire was burning very freely in the back parts of the building when I got there. After the fire had burnt out, I examined the place where it had been. I did not find any trace of kitchen utensils. I also examined the shed in which the fire was supposed to have originated, and where Kemsley said were several crates of crockery. I found about half a erateful of crockery broken by the lire. I met Kemsley at about noon, and asked him if he could account for the fire. He said he believed it originated in the cottagc adjoining his back premises. The chimney of the cottagc was partly built into his shed, and he was always afraid of fire. In answer to furtlicrquestions, hesaid that he left his shop at about S o'clock to go to the Whau to bring his wife and family into town, and that before starting he saw that everything was correct, and fastened the door. He said before he went away he took his account book up to Mr. Woodward to take care of, as he was always afraid of fire. He said lie took nothing with him to the Whau, except his waterproof coat, and that everything belonging to him—his clothing, and that of his wife and children, and liis furniture—was all destroyed by the fire. His furniture lie valued at £70, and his stock and furniture together at about £700. He also said that he had lost all his papers, with the exception of some that were in the account book ho had left with Mr. Woodward. On the 29th, Detective Ternahan and I toolc prisoner into custody. Wo afterwards removed two cases and casks from Dowden's auction room, and examined their contents. 11l two ca3ks and one case I found glass aud earthenware goods. A complete invoice of tiie goods found in the casks and cases at the auction room was found in the cask taken from Woodward's. On the same afternoon a large cask was brought by Detective Ternahan and Constable Builen to the policestation. This cask contained theartieles mentioned in the list produced. In the cask were also found a number of letters and papers addressed to John ICcmsley, aud also some plans and memoranda. I afterwards scarclicd the house taken by prisoner Kemsley near the Whau, and there found a number of articles, some clothing, and a bundle oE papers. The gate leading to the shed from llutland-street was shut on the night of the fire.—To a juryman : The cask taken from near Woodward's was very carefully packed. It contained a feather bed and a very large number of household articles. —Elizabeth Woodward, daughter of Charles Woodward, deposed : On the evening of the 21st October Kemsley came to my father's house and gave me a parcel to take care of. lie had never left any parcel of that kind with me before. I was at the bakehouse on the evening of the 21st. The witness Smith has pointed out to me a place near the bakehouse where ho took a cask from. When I was there on the evening of the 21st, there was no cask there or standing near there. I recollect seeing Kemsley on the following morning after the fire occurred. I told him the parcel lie had left was saved. He said he was glad, it was his books. I remember two casks aud two eases being left at our stall in the market, and a conversation which took place on the 23rd ult. My mother told him they were not injured by water or fire, aud ho had better go and see the Insurance Company about them. He said that he was going, and took down a book, and shewed mother that they were entered. I recollect the cases being fetched away, on the 29tli of October, by a man named Butterworth, who produced an order for them. I heard a conversation between my father and Kemsley with reference to the order. My father said the order was not signed. Kemsley said it was all right, and signed it with pencil.—Mary Woodward, wife of Charles Woodward, deposed to having given the prisoner permission to store some crockery in her stall at the market. The defendant stored two casks and two cases in the stall several weeks before the fire. He gave, as a reason for wanting to store them there, that he had so little room in his shop. About a fortnight prior to the date on which the fire occurred, prisoner told witness either that Dowden had bought them, or was going to send for them. They were taken away on the day of the inquest, in the same state as they were received. The remainder of this witness's evidence was corroborative of that given by the previous one. The inquest was adjourned at 6.15 p.m., until Thursday next, the Cthinst., at 2 p.m.