ARSON CHARGE

New Zealand Herald, Volume LXIX, Issue 21344, 19 November 1932, Page 13

ARSON CHARGE

BILLIARD SALOON FIRE BRUSH MERCHANT ON TRIAL, EVIDENCE ABOUT BENZINE HEARING NOT CONCLUDED [from our own correspondent] HAMILTON, Friday The trial of Ira George Land, aged 36, on a charge of wilfully setting fire to A. G. Forbes' billiard saloon at Frankton on August 21, was commenced before Mr. Justice Herdman in the Hamilton Supremo Court to-day. Mr. Gillies conducted the prosecution and Mr. Sullivan appeared for the accused. Arthur Milton Campbell, restaurant proprietor, said, in evidence, that his premises were attached to Forbes' billiard saloon. At 9.40 p.m. on August 21, while he was in his Shop, he noticed an overwhelming smell of benzine. Five minutes later a violent explosion occurred and Forbes' billiard saloon burst into flames. It was immediately alight from end to end.

The superintendent of the Hamilton Fire Brigade, Angus Craig, said that the fire was suppressed in 15 minutes.Witness noticed a strong smell of benzine fumes, and found benzine floating and ; ablaze on the floor of the front shop. Tha fire had started near the back door. Witness' impression was that the whole building had been saturated with benzine.Pieces of motor tyre tube which had been soaked in benzine were found in different parts of the premises, and four empty benzine tins were found in the storeroom. Evidence of Proprietor Albert George Forbes, billiard room proprietor, Frankton, said he owned tha premises which were destroyed by fire. He bought the business for £I7OO, paying £7OO in cash and leaving £IOOO on mortgage. There was £2O overdue in interest on August 21. Witness said the building had been insured for £llsO, and the con- . tents for £2200. One policy on the contents had lapsed just before the fire, and the insurance cover at the time was for £I2OO only. In order to celebrate the birthday of an employee, witness bought five gallons of beer, which was consumed near his premises on the night before the fire. Witness said he left the saloon at 10 o'clock on the Sunday morning. He saw 5 no benzine there and did not know how it got there. Witness was at Paterangi, 20 miles away, when the fire occurred. He knew Land only slightly and had had no discussion with him about his business or the question of fires at any time. There was no reason known to him why Land should have destroyed the place. James Lovie Neave, an employee of Land's said that on August 19 Land directed him to obtain two and a-half cases of benzine from Sargeant's garage in Hamilton East. Witness bought five tins and took them to Land's brush factory at Frankton, where he left them. Witness was with Land at the factory early on the Sunday evening. The fire siren sounded while witness was at the factory. Land went out between 8 p.m. and 9 p.m. ■Statement by Accused Frank Stebbings said he lent Land hl« motor-truck on August 19. Lfind told him that if any inquiries were made he was to say that half the benzine bought from Sargeant's garage went into lis (Stebbing's) truck. Detective White said he questioned Land as to what had become of .benzine he had got from Sargent's. Land Replied that he would always shield a man who had made a clean "bust." In a signed statement Land said that Forbes* assistSam Hoskings, had asked him for some empty benzine tins to make buckets with. Land said he had supplied the benzine to a part-time employee named Stebbings, And had handed the tins to Hoskings on August 20. Land said he was at his factory from 6.30 p.m. until the fire siren sounded on August 21. Detective-Sergeant J. Thompson gave corroborative evidence. He said that Land fainted after his interview at the police station. Kenneth Massey Griffin, Government analyst, said that benzine found in containers in Forbes' premises during the fire was similar to benzine sold in the tins supplied by Sargent to Land's employee, Neave. Case lor the Defence v Mr. Sullivan said the defence would be a denial that Land had any part, direct or indirect, in connection with the fire. The accused gave evidence that he had been a brush manufacturer at Frankton for three years. On August 14 he received a letter from a friend named Pat Sheehy, of Tamahere, asking him to secure soma benzine for him. On Friday, August 19, he bespoke Stebbings* truck and asked Neave to buy the benzine for him. Land said he took the benzine to his home in Vialou Street, Hamilton, and fonnd Sheehy ' there. Seven gallons were put into tho tank of Sheehv's truck and one gallon was put into Stebbings' truck. Two other tins were poured into a drum and were placed in the back of Sheehy's truck. The fifth tin was used by witness' traveller. Continuing, accused said that Hoskings had several times asked him for empty benzine tins and accused handed the live tins over to Hoskings at Forbes' premises on the evening of August 20. He went to his factory with Neave early on the Sunday evening and remained on the premises until the fire siren sounded at 10 o'clock. He heard rumours about the fire and he thought he would "ready up" Neave and Stebbings. He meant that he did not want to involve Sheehy, who had not licensed his vehicle, and he thought he would ask those concerned to give suitable explanations.

Asked by His Honor why he told an I untruth about the disposal of the benzine in his statement to the detectives, accused admitted he was foolish, but he thought he would shield Sheehy, Giles and himself. Denial of Boasting Continuing, accused denied that he had taken any part, directly or indirectly, in causing the fire or that he had counselled ' anybody to do it. To Mr. Gillies, Land denied that he had been boasting in Frankton that he would get out of this trial in the same manner aa ho had done on a previous occasion. He also denied that the story of the benzine being purchased for Sheehy had been "readied up." Patrick William Sheehy, farmer, of Tamahere, gave evidence of obtaining benzine on August 16 at Land's house. At that time his car was not registered but lie registered it on September 3. Mrs. Violet Ruth Giles, who lived at Land's house, corroborated Sheehy's evidence regarding the removal o{ the benzine on August 16. Samuel Hoskings, an employee in Forbes' Billiard Saloon, said he was celebrating his 21st birthday on the Saturday I evening prior to the fire, the party hav» ing a keg of beer. Oii' : that evening he received from Land four empty benzine tins which he wanted for heating water in the saloon. Asked by Mr. Gillies how he could explain the fact that he said in his statement to thj police that he had not handled any new benzine tins in the building at any time, witness said he must have overlooked the matter, Charles Warneford, cabinetmaker, said the statement given by Land to the police was the result of a consultation between Land and himself. He denied that he suggested that Land should say. he had not left the factoiy on the night of the fire, but admitted he told Land he should say he put the benzine in the two cars. This closed the evidence for the defence v and His Honor adjourned the case until to-morrow.