THE SUPREME COURT.

New Zealand Herald, Volume LXVIII, Issue 20867, 8 May 1931, Page 14

THE SUPREME COURT.

ATTEMPTED ARSON. FIRE IN DRAPER'S SHOP. TAXI-DRIVER FOUND GUILTY. RECENT AUCKLAND OUTBREAK. / The case in which John Lewis Gnnuing, taxi-driver (Mr. Sullivan), was charged with attempted arson at Mr. W. S. Miller's; drapery shop, Dominion Road, in the early hours of March 15, was resumed in the Supreme, Conrt yesterday before Mr. Justice Herdman. The prosecution was conducted by Mr. Meredith. ' Alfred James Arbon, baker, of Dominion Road, said that about 1 a.m. on March 15 ho saw accused telephoning from a box at the corner of Valley Road and Walters Road. This was about one mile from the scene of the fire. He said "good night" and Gunning nodded and replied, "good night." To Mr. Sullivan, witness said accused was wearing a peaked cap. He knew Gunning well. . Ernest Edwards, night-watchman, said ho saw a motor-car pull up near Millor's shop. A man (!amo from the car and ha and witness spoke for a time. Witness walked away and subsequently tho car went away toward tho city. Witness looked back and' saw a flicker of light , in Miller's shop. It was then about 2.30 a.m., and about threo minutes after tho car had departed.

Smell of l Methylated Spirits. I Witness said he returned v and found tho door at the back of the building closed, but not locked. He entered and discovered that the door leading from the back room/into the shop was wide open. A fire had broken out in the fittings behind the counter. Witness gave alarm. James Maskell, deputy-superintendent of the Mount Eden Fire Brigade, said there was a strong smell of raethylatod spirits at the scene of tho fire. About / six feet from the seat of the .flames was a roll of muslin with a large wet spot on it. It smelt of methylated spirits. He wart qnito sure 011 that, point. There was no trace of tho building having been broken into. Constable Emery said he .visited the premises and found clothing that smelt very strongly of methylated spirits. Stanley John Allen, formerly a draper's assistant, employed by Mr. Miller, said that on the morning of March 14 Mr. Miller left Auckland for Waharoa, rear Morrinsville. Witness remained in charge of the shop. He left the shop for tho week-end at 12.40 p.m. on March 14. Everything was securely locked. For anyone to enter it would be necessary for thorn to have keys. Mr. Miller and himself were the only ones he knew to possess keys. Owner Away at the Time. Witness said 7 ho heard of the fire and on the morning of March 15 visited the shop. lie smelt methylated spirits. /Ik reply to His Honor witness said when ho arrived the back door was open. It could only have been opened from th'J inside. His own keys had been in his possession all the time. About £9 in money was missing from the shop. /„ William Scott Miller, draper, of Epsom, stated that three or four weeks after the fire he assigned his stock to creditors and tho business was closed. He

left Waharoa as soon as he heard of the I fire and camo (o Auckland. His keys ' of the premises had been in his possession all the tims' he was away. Gunning had dealt with him as a customer. Witness said his stork at the time of the fire was valued at about £llOO. It was insured for £ISOO, and the fittings /or £3OO. Tho amount of stock carried, and therefore the value, was liable to fluctuate. Uy the label on them witness identified two ties produced as having come from his shop. Two similar ties also produced, but without labels, bore stitching marks, which witness said corresponded to the size of his own labels. To Mr. Sullivan witness said the ties , without labels /might never have been / in" his shop. Hp might have supplied them to Mrs. Hard wick, who lived with the Gunnings. Call for a Taxi-cab. Evidence given in the lower Court by Frederick Robert Child 6 and Mrs. Hardwick was read. Childs' evidence contained reference to a "job," and Mrs. Hardwick's evidence stated that she bought two ties for Gunning's sons. The ties pro tluced woro not' the ones she bought. Reginald Hick, telephone operator for a taxi company, said ho received a call from a man between midnight and 1 a.m. on March 15, asking for taxi No. 56 to Ibe sent to Marlborough Street. The driver of cab No. 56 was Childs. Detective Power said he investigated the firo and smelt methylated spirits. Ho searched Gunning's house and found the two ties without labels. Subsequently he arrested Gunning, who said: "Well, 1 suppose I will nOyt be the only one picked up over this." ' Corroborative evidence was given by 'Acting-Detective Whitehead. Examined by Mr. Sullivan, accused 1 gaid he lived in Marlborough Street. On the night of March 14 he camo to tho city with his wife. They returned homo and ho did not leave the house again that night. He had not seen the ties exhibited in Court until the detective found them. ' Tho statement of Childs* about a "job" was not true. He had never discussed it fire with Ch/lds. He had said he would probably need Childs' car to bring Mrs. Hardwick home from a nursing home. lAs she was detained as a patient, however, he did not need the car.

Denial of Statements. Accused said the witness Arbon could rot havo seen him in the telephone-box, ns he was at ho:ne in bed. He denied making (lie remark quoted bv the detectives. Good feeling did not exist between Childs and himself. Cross-examined by Mr. Meredith accused said ho know Childs had sworn that hp. accused, had said he had arranged lo'burn Miller's shop, but that was not 1 rue. It was a coincidence that someone in his neighbourhood should have telephoned for taxi No. 56 on the night in question. The ties were found in Mrs Hnrdwick's room. Ethel Blanche Cunning, wife of accused, corroborated her husband's evidence regarding their movements on tho night of March 14. Mrs. Hardwick had told her she had bought two ties After counsel had addressed the jury His Honor said a car had been seen near Miller's shop shortly before the fire. 'J'hero was the statement of Childs that accused had said he had a job of setting fue to Miller's shop. Then there was the telephone message for taxi No. 56 to go to Marlborough Street, where Gunning lived. It. was stated, however, that this ear did not go, as it had broken down. Then, for some extraordinary reason, the labels had been removed from the ties, similar ones to which wero to be found in Miller's shop Tho jury returned a verdict of guilty, ■with a qualification, however, that it was felt that accused had been influenced by 6orne person or persons. , His Honor said that was a verdict of guilty. Sentence on accused was deferred until Wednesday,