FIRE IN SHOP

New Zealand Herald, Volume LXXVII, Issue 23617, 29 March 1940, Page 8

FIRE IN SHOP

ARSON CHARGE FAILS TWO YOUTHS BEFORE COURT TALK OF WRECKING PREMISES [by TKTiEGIt.VPH —OWN COHHKSPONT)KNT] OPOTIKI, Thursday The Opotiki Police Court was crowded to-day when Ponald Horace Russell and Robert John Pcnnell, both aged 19. were jointly charged with breaking and entering a shop with intent to commit a crime and with setting fire to a building. Sergeant J." Tsbister. who prosecuted. said that on Monday morning between three and four o'clock, the accused entered the shop of 31. Mravieh through the skylight. A lire broke out in the shop less than half an hour after the accused were arrested and the police held that the accused were responsible. R. C. Brownie, a postal official, stated in evidence that on his way to work he heard noises which appeared ' to come from Mravieh's shop. His suspicions were aroused and he communicated with the police. He later saw two men come out of the doorway and disappear. Two Men Jump Over Fence Sergeant Isbister arrived shortly after, witness continued, and they looked for the men who jumped over a fence into the council yard where witness was waiting, lie accosted the. men. who were then arrested. Mrs. Mravieh. wife of the proprietor of the Majestic Cafe, told the Pencil that everything was safe when she left the shop on the Sunday night, and she had been particularly careful to turn the electric switches off.

Corroborative evidence was given by the proprietor, M. Mravicb. who said there was no fire of any kind in the kitchen, all cooking being done by electricity. Talk of Wrecking His Shop Witness said he had heard people talking of wrecking his shop many times, but did not take much notice of it, as 110 one made a direct threat. Witness was a native of Yugoslavia and had been in New Zealand for five years. Sergeant Isbister stated that when ho went to the restaurant he found no one on the premises. With the assistance of residents he surrounded the block. Witness noticed two men at the back of the premises. They appeared to he trving to escape. Mr. Brownie later came into King Street, accompanied bv the two accused. After locking up the men witness went to the shop before going for Mr. Mrayich. While he was aivav he heard the siren. After the fire was put out it was found that several switches were on. Statements from the Accused Witness said that when arrested both the accused were slightly under the influence of liquor. Witness took statements from them. Pennell said he attended a dance in Russell's company and later went to a party, leaving about 3 a.m. with the other acctised. They had had a good deal of licpior. They went to Mravicli's premises, climbed in through a skylight and had | food, which they treated in hot water I in a basin. . • Pen noil's statement continued that they were fairly drunk, and if the | switches were lott 011 they must have left them so. Mravich was discussed at the party, and there was a plan to wreck the premises 011 the Tuesday. Accused thought their idea was to get in first. If he had not been drunk he would not have been there. | Witness continued that in his stateI ment Russell said that at the dance ! there was talk of wrecking Mravicli's j premises. They got out of Mravicli's ! premises in such a hurry that they must have left the switches 011. Submission by Counsel J. I>. Dicker, manager of the Bay of Plenty Power Board, said lie went to the fire' and afterward examined the premises in company with the fire brigade superintendent. They formed the opinion that the fire had originated round the woodwork surrounding the chimney, which was directly above the frying equipment. If the accused had gone into the premises at about three o'clock it would have been possible for the electrical 'equipment to set the premises on fire in about an hour s time. Mr. E. C. East, who appeared for the accused, said the two young men, who had both enlisted, got into a partv where there was a discussion of wrecking the restaurant. There was 110 evidence that any damage was done and there was no evidence to show that the accused wilfully set fire to the premises. Sergeant Isbister submitted that the accused had clearly intended to wreck the premises. Mr. East said the accused had intended to wreck the premises, but had no intention to set fire to the place. The Bench dismissed the charge of arson. On the other count the accused were committed to the Supreme Court at Gisborne for sentence.