THE KOHIMARAMA FIRE.

New Zealand Herald, Volume XXV, Issue 9093, 29 June 1888, Page 6

THE KOHIMARAMA FIRE.

Yesterday at the Police Court, before Messrs. C. D. Whitcorabe and S. Y. Collins, the oharge of setting fire to a hay-shed at F.ohimarama school, against Alexander E'uncan, was resumed, the case for the prosecution being continued. Sergeant-major Pratt conducted the case for the police, and Mr. Earl appeared for the accused. Ed. Hedley, 13 years of age, deposed to the fire occurring. In cross-examination he stated that he had seen Gill, O'Connor, the Wilsons, and Vesey smoking. Witness did not smoke now," he had given up the habit since he wont to the school. The boys used to get lights by taking cinders out of the fire, and fchey got the tobacco when thoy went over to the North Shore. Witness had never bought matches. Witness had seen Gill smoking once in the cowshed. O'Connor also had a draw or two, and then ran after the ducks. O'Connor had since loft the school. Two boys named Kemp and Rolf had run away from the school since the fire. On the night of the fire the crew of the* boat were : McDowall, "Cocky" Wilson, Syphlett, Keefe, O'Connor, Pearson, James flogan, and others witness could not remember. Duncan was in the schoolroom. The boys were singing when Duncan came in and said he would five them a song. He also showed Mooney is watch. This was before Mr. Hogan came in. After a while there was a cry that the whaleboat was coming, and the boys all ran out of the schoolroom. They found it to be a false alarm, and after waiting three or four minutes they wont back to the school. The lamp was lit, bub outside it was pretty dark. He thought all the boys came back, but could not be sure. Afterwards they all turned out to .meet the boat when it did come. Gill was not in the school singing with Mr. Hogan. Gill is called the house boy, and ought to have been in the kitchen at this time. Colban and Courtney were in the hospital, the crew were away, and Green, the idiot boy, was away. There might have been boys absent from the school beside the above. When the boat came, they pulled her up, so she would not slide back again, and then the boys came into the school. They came up "scattering. Mr. Hogan was in the middle of the crowd, and some boys were behind him. There was no light on the beach. In the school witness sat in the second seat from the front, and could not see behind him. Some of the boys are Roman Catholics, but they had to attend these services. The sorvice might last about ten minutes. Then the boys received an order to go down to the Beach to pull the boat up. The boys all trooped out of the school, leaving Mr. Hogan sitting at his table, one lamp being on the table, and one hanging up. The lamp-boy went to get his lamp. Any boy who wanted to slip away could have done so, without witness seeng him do so. It takes about 20 boys to pull up the whaler, and this number usually did it. Witness never saw all the boys pulling the boat up. The boys who don't work play about, "larking." Witness did not see Mr. Hogan come down. A boy held a lamp at the door. When they first went down to the beach, the lamp was not held, but the boy, James Hogan, came out with the light after the .boys came down to the beach. When the alarm of fire was given, accused came running to the fire while it was burning. Witness was at the fire about five minutes before Duncan came, and he helped to put the fire out. All the boys worked hard. The fire burned about a quarter of an hour. When the fire was over, and they got talking about the fire, the boys seemed to think it was Ingham who set fire to the shed, because he had a down on Mr. Hogan. Some said they thought it was Duncan. Mooney and McDowell said so. Witness did nob remember that any man was seen about the place that night. Sergeant Pratt re-examined, but did not alter the boy's evidence. Detective Hughes stated that on the 7th June he went to Kohimarama to enquire into the circumstances of a fire that had .occurred there. He received the lower part of a small box of matches from a boy named Armstrong, and subsequently the upper part of the box from a boy named Keefe. Went to Humes' house, about a mile from the school, and saw the prisoner there, who said he was at the fire, and went down to see the boys. Searched the prisoner, saw some matches in a candlestick in the room, and asked where the box was. The prisoner handed witness the box. Witness then arrested the boy ; charged him with setting fire to the shed, but he denied it. Prisoner sal 1 he went down there about six o'clock. He spoke to Miss Avenell in the diningroom there. She informed him that Mr. Brakenrig was not coming over, and there would be no service. He then went home by the beach road. When he had got half way up the hill to Mr. Hames' he saw the fire, and went back to put it out. The matches found in prisoner's room are the same brand as those given to me by Armstrong and Keefe. Both boxes of matches were the ordinary Tandstickor, but the two boxes were not of the same brand. The fire originated about seven feet from the ground. Witness did not think the fire was an accident. The partition in the shod run part of the way upwards, close boarded, then open boards to the top. The fire originated at the first opening. Cross-examined by Mr. Earl : The boxes were the same.

Mr. Earl pointed out that the brands were not the same. Then witness admitted there was a difference in the brands, and he had noticed it before. Mr. Earl here produced a sheet of brands, which showed a complete divergence in the brands, and that in fact the labels were entirely different. [Mr. Whifccombe said that " Tandstickor " was a generic term to describe the kind of match which only struck on the box.] The boxes also showed the makers' names were different, one being " Jonkopinp's Tandsticksfabrick's Patent," and the other " Nya Tandsticksfabriken, Stockholm." One of the boxes had a double star with radiating rays, while the other had not. The prize exhibition medals printed on the labels were also of different exhibitions. The witness, however, maintained that the matches were the same. The witness also contradicted his previous evidence as to a route to Mr. Hames' house.

John Armstrong, one of the boys at Kohimarama, said he was around the shed the morning after the fire, by himself; while there he picked up some matches and the inside of a match-box. This was several yards from the shed, and between the creek and the shed, the opposite side of the shed to which the school is. He pointed out the place where the matches were found to Detective Hughes some time afterwards, but on the same day. The matches were in a bunch, out of the box, on the grass. The lid of a match box was found by Keefe "a good way " from where witness found the matches. He found the matches after dinner. The box was about a foot away from the matches. Cross-examined, witness said the fire took place " last Wednesday." [The. fire took place on June 6.] When he found the matches he did not see the box, although it was only a foot away from where he found the matches. He found the matches before dinner, and the box after dinner. Keefe found the lid case of the box. Three days before the fire O'Connor had matches round the stockyard. He took them out of his pocket. It was in the cowshed, next to where the hay is. The matches were in a box— larger box than the Tandstickor. [A box of "Timesclock" brand of matches was shown witness, and he said the box was like that. The boys go into the shed to smoke sometimes. This is the kind of match used in the school. The matches witness found the day after the fire were dry when found, but the outside of the box that Keefe picked up was wet. Witness saw Duncan in the schoolroom singing, but did not see him afterwards. Re-examined : Witness saw Gill in the schoolroom at prayers, but did not see him at the school when they were singing. Thomas Keefe, another of the schoolboys, said : He was round by the fence near where the hay was the day after the fire, It was after dinner. McAllister and Kemp were with him. He saw Armstrong, but was not with him. Witness picked up the outside case of a "Tandstickor" match-box. It was about 50 yards from the shed towards Duncan's home— in the direction of the creek. No one was with witness when he picked up the box. Witness never saw. " Tandstickor"matches Cross-examined: Detective Hughes had shown witness the plan, and the two spots on the plan where witness nnd Armstrong found the matches and box. The case of the box was dry when witness found it.

Had never seen any of the boys with matches in the school. Had seen Tom Gill smoking in the closet, but did not sea his matches. Armstrong found the matches, and witness the case of the box, after four o'clock, after they came out of school. When the fire alarm was given the boys were in the lavatories and the dormitories. Witness was then down at the boat getting his oar up. There was no other boy down there with witness. Witness wasjone of the crew. The craw did not smoke while over at the North Shore. Re-examined Witness did not see Gill at the school that night, but witness saw Gill pulling up the boat after they had prayers. Frank Syphlett deposed that after prayers he was talking to Duncan near the dormitories about sea-eggs. After a bit, Duncan said, "It is time I was going home," and went down towards the beach fence. Duncan went past the schoolroom, then round by the back of the dining hall. A road leads from here to the shed. A person could get across the paddocks by the stockyards to where Duncan lives. In about ten minutes after witness saw Duncan pass behind the dining hall the alarm of fire was given. In cross-examination witness said that he never said anything about seeing Duncan on the night of the fire till after Duncan was arrested. Witness admitted that when Duncan went away witness losb sight of him before he saw Duncan passing the schoolroom. Mr. Hogan was in the schoolroom; the blinds were up, and there were lights in the room. Re -examined : The lights shone on Duncan ; witness could see him plainly. After Duncan passed behind the dining-room witness did not see Duncan any more. Witness was certain it was Duncan. He could tell him by a white straw hat.

The Bench dismissed the case, saying it was merely a case of very vague suspicion, and they would not bo at all untitled in sending it to the Supreme Court.