A CHARGE OF ARSON.

Otago Daily Times, Issue 13983, 16 August 1907, Page 8

A CHARGE OF ARSON.

GROCER BEFORE THE COURT,

COMMITTED FOR TRIAL,

Thomas Miller was charged before Sir C. C. Graham, S.M., at the* City Police Court yesterday, that on. August 7- ho did wilfully set fire to a dwelling-house situated in Baldwin street, North-Kust Valley. Mt A. C. Hanlon (with him Mr H. D, Bedford) appeared {or the' accused. Chief Detective Herbert, who prosecuted, said the accused waa a, grocer cwrying on business at the comer of Hanover street and Athol place, rind owned the house in question, which had been occupied by Mr Reid as tenant for the past six months at a rental of 8s a week. Mrs Reid became ill about the end of July and went to live at her people's place in Clerk street, the furniture and effects being left in the house in Baldwin street. There was hq insurance on the furniture. On August 6 Reid wrote to Miller exp.aining that he had left the house, and complaining about the condition of the drain. The house was unoccupied on that date. On the 7th a Mr Yuill, who was laid lip with a broken leg, was sitting on his verandah, opposite the houso, and saw two men drive up in a trap, and, on getting dawn, go round the back. They .were there about three-quarters of an hour, and then left the -premises. They had left about a quarter of an hour, when ho saw Miss Holmes, a sister of Mrs Reid, enter the house. She was there ouly & few minutes when she appeared again screaming, and two men named Cockorill arrived and found the place on firo. Whan they got into the house they smelt phosphorus fumes,'and the fire was burning behind tho walls near the double chimney, which acted for the fireplace of the dining room'and the one in the front room. It would bo shown by Mr Bethune, butcher, who collected tho rent from Mr Keid, that ho told tho accused that tho Heids were absent from home, and that the drain was bad, but that ho had better leave it for some days until tho Raids came home. The accused, it appeared, then went to Mr Price's shop in Walker street and ordered a lib tin of phosphorus, which was handed to him after sorue trouble had been experienced in obtaining it. During negotiations for the phosphorus accused called at the shop cn four or five occasion?, eq that Mr Price would be able to give conclusive evidenoe of identification. An empty phosphorus tin found iu the house in Baldwin street, would be proved by certain marks ou it to bo that said by Mr Price. At the timo of his arnst accused denied having purchased the phosphorus, but it would be shown that at the time of the purchase he drew Mt Price's attention to a certaip mark on tho bottom of the tin, which he said looked like a drop of water. That mark was viEible on tho tin which was found in the Baldwin street house. The accused had purchased the house for £250 from a Mr Dawson, paying £50 down and £25 a year. Tho balanco was on mortgage lor five years. Miller had the house insured for £335 in tho lioyal office, and in addition to the first mortgage, which wus at 5 per cont,, he mortgaged it for £100 at. 8 per cent. In fact, it would he shciwn that the section was more valuable without the houße than with it. Two days b6foro the fire Mr F. B. Hunt, the holder of the second mortgage of £100, called on Miller concerning the redemption of his bill. Accused stated at that time that two buyers wero in view, and it was agreed to talk the matter over on tho following Monday. It would ho Been, therefore, that accused was more ot less pressed for this £100. If the house had been consumed there would have been yery little chance of saving the next door promises, as there was no available water.

Constable Lopdoll, police photographer, produood photographs of the house showing tha position and condition of the various fireplace- and windows. "Will George Reid, City Corporation gardener, said "that until recently he had resided' in a house in Baldwin street that was the' property of accused, for which ho paid 8s ft week. In consequence of his wife's illness ho- left the house on July SO and went to live elsewhere. The drains wore _in bad order when lie loft, and he had written to accused about them on tho stli or 6th of August. When witness '.eft tie house ho left his furnituro there, and it was uninsured. The rent was paid to Mr Bethune on ao cused's account. Witness had the key of tho book door with him. The windows at tho back and one of the side windows wore closed, but unsecured. These ■windows could be easily openod from tho outside. Ho heard of the fire about 2 cfclock on the 7th, and went to the place at oice. Ho subsequently looked under the house. There he saw his own spade, together with other tools which were not his own. Two or three weeks before witness left the premises lie saw .aocused and two other men examining the property one Sunday. Witness wanted a loase of the place, but accused would not give one, as he said he wanted to sell it. Thgre appeared to he a, lot of white pine used in tho construction of the house, which he would describe as in bad repair. Cross-examined: He would not like to giyo £200 for the house. Nails had been put in one of the back windows and a side window to keep them fastened, and the holes should be visible in the woodwork still. John Yuill, dairyman, residing in Baldwin street, opposite the house, saidi tihat ou the afternoon of tho 7fh inst. ho was sitting on Ids verandah, from whioh. ho had a view oi the'' other premises. Ho remembered two mem coming to tho place with a 'horse and trap about 12.30 on the 7th inst. They wont in by Roid's gate, a.nd round the back of tho house. He could not say whether the accused was on© of the men—on© was a young man and tho other was elderly. The men uppea red to b» working at tho back of the house, and remained there, for three-quarters of an hour or an hour. Subsequently he sscw Miss Eo'mo3 pass in the street l , a/ quarter of an hour or 20 minute after the men left. The next thing that attracted his attention was Miss Holmes running from tho direction of the house ' screaming. Ho then saw smoke issuing fioni the roof. He did not see anyone passing at the time. If anyone had como out of tho house after the two men left lie thought he would have seen tlwm. Ada Holmes, residing at Clerk street, NorthEast Valley, said she was a sister to Mts Raid. On tho 7th. of the month she had occasion to go to tho house previously occupied by tho Rcids, in Baldwin street, to get some of lira Reid's clothes. She arrived about 1.45 p.m., and entered by the back door, for whioh she had the key. Sho walked up the passage to the front bedroom, and went from there into the other front room, got the clothes, and returned to the other room. Then she heard a noise that sounded like a large bellows blowing, which seemed to come from tho dining-room. She ran in there, and saw smoko and dust coining from the fireplace. It was also coming out above tho fireplace, while near the grate there was flame. It smelt like phosphorus or wet matches. Sho ran out by tho back door, and called for help. A Mrs Peebles came over, and; a crowd gathered. Some mon got buckets of vrate, and eventually put the fire out. The manhole in the ceiling was open". William Cookerill, Baldwin ■ street, deposed that his attention was directed to Reid's house about 2 p.m. Tlio smoko was coming through the-roof. He entered by the front door, which was opened for him, and lie then went into tho dining-room, whioh was full of smoke. The flames were appearing and disappearing all round' tho roister grate. ■ Wfaat was 'burning seemed to bo running—extinguishing itself and toidng fire again. Ho could smell phosphorus. Ho broke the register grate with a stone hammer, and the smoko disappeared, and he could see no sign of fire. Then ho went into the front room, which had a fireplace conneoted with tho same chimney. < .The flame was breaking through between the lining boards and paper just above the mantelpiece. He took a hammer and smashed tho boards down to •el at the fire. Between the chimney and the boards there was a lot of burnt material,which had the appearance of burnt grass-— perhaps old birds' nests. Water was procured, and tho fire was extinguished. He opened the manhole in the other room with a broom handle, and climbed up with the intention of inspecting the top of tho ceiling. Here he touched something with hia hand, which' turned out to be the phosphorus tin produced. He still felt the effects of the phosphorus fumes. The tin was lying close to the chimney. • Denis Cockerill saidhohad helped the last witness to extinguish tho fire. He had had some experience of phosphorus, and ho would say that this fire was caused by phosphorus. He went down to the collar for water, and thero ho found phosphorus trickling down from the face of the chimney to the ground. Witness corroborated tho evidence of last witness. John Bethune, butcher, North-East Valley, said Read wis a customor of his, and ho hire known him for some years. Witness had collected Reid's rent for some years past. On July 30 Mrs Reid paid two weeks' rent at the shop. Ho knew at that time that tho Reids had loft the. house temporarily, and he told the accused of this. Accused said ho was going to look at. tho drain, but witness advised mm to leave it for a few days until llrs Reid came home. Witness believed that accused made some query as to whether Reid was staying in the house at night, He said at that time ho did not know. James Watson Pricc, chemist, in the employ of. his father, Walker street, JJunedin, said the. accused came to the shop on July 29. He asked for a condition powder for a I horso, and was told to call back as non* were made up. It was procured the same 1 day. Accused called again on August G, and asked for some phosphorus. Witness had none in sftock. and accused asked if it could be procured. He said he wonted it for poisoning, and agreed to call next day for it. In the meantime witness found that phosphorus could be obtained in lib tins. Accused: called early on the Wednesday morning, and asked for the phosphorus. Witness replied that he had not, yet got it, but he sent for it to Kenrpthorne, Prosser, and Co.'s, receiving it in due course. .When accused took delivery of a tin. witness told him to take c»Te of it. He said he wonW buiy it in the ground. Accuse a.n4 vitosm ejaewst th tin,

Accused slid, "It's not leaking, is it?" and pointed to two marks 011 it. Witness examined it, and could say the tin produced was tho samo. 'Witness had identified tho acousod out of about seven others as tho man to wliom ho sold the phosphorus. Cross-examined: Witness waa in tlic police office while the men were being lined up in the yard. Witness gave the police a description of the man l who purchased! the phosphorus. The police had not told him anything regarding accused. Ho did not tell tho police' that tho man was clean shaven. Thero were at least two short, dart, clean-shaven men, Chief Detective Herbert said tho witness did not take nay particular notice of the other men when he saw Millet, and consequently he had no opportunity of forming an opinion as to how many wove shaved and how many woro .whiskers. Mr Hanlon: I want to know whether you told tho. police what sort or a man .it was in order that they might take the precaution or placing similar men in the line. Witness: I will swear thore was one other man about the same out, I saw Miller as soon as I went into the yard, and I did not look much at the others. I then told Detoctivo Hunt No. 3 was the man, and I did not think it worth my while to look at tho others. Witness, continuing, said it was some time between 9.30 and 11.30 a.m. when accused got the phosphorus. When 110 first called it was about 10 o'olock. He bad sson accused on six different occasions. He could not say how accused was drossod when at tho shop or'in the yard. Hr Hanlon: Do you swear that this tin waa the tin containing tho phosphorus that yoi sold to the accused. Witness: I swear that this was tho tin I sold to the accused. I idontify it by tho marks already referred to. Mt Hanlon: By anything else? •Witness: .No; nothing else. The Magistrate: Do you wish to re-examine, Detective Herbert? Chiei Detective Herbert: No; I do not wish to wast© tho time of tho court. Thore will bo another hearing. James Harris said ho did odd jobs for Mr Brioe, tJ'.e last witness, and ho had gono to Kempt-home. Prosper, and Co.'s on the 7th August at the request of his employer for a tin of phosphorus in the forenoon. Witness eaw the accused in the shop before he left. About'fivo or 10 minutes after witness came back with the artiolo accused returned again to the ahop, and took it away. He had paid 6s for it before witness left tho shop to get it. Witness heard tho conversation botween accused and Ht Ptice regarding the bottom of the tin. Accused said be was going to Anderson's Bay, To tho Magistrate: Ho would swear that accused was tho man who bought the phosphorus. James Patrick Carroll, chemist, employed at Mr Prioe's Bhop in Walker street, said ho Eaw accused in the shop, when he asked about a tin ol phosphorus. Ho oould not swear as to the date. Rislph Gtttbrio Waldie. warehouseman at Kempthorne, Brossfcr, and Co.'s. said he romombered Toceaving an inquiry regarding phosphorus • from llr Price, and in conaequonoo ho obtained a lib tin of the article from the factory on tho 7th, This he handed to Harris. Ho could not identify the tin produced as that sold. It was labelled when sold—" Phosphorus—Poison." Clement Henry Beck, head tinsmith for tho same firm, said lie had made up a lib tin of phosphorus on Tuesday, and another on Wednesday. Both woro taken to the warehouse. He thought ho made tho tiu produced. Ho knew of no other firm who made similar tins. The other tin was much the same. Cross-examined: Ho would not like .to identify tho tin by the two majks referred to. . He-examined: If he hud examinsd tho tin in the aamo manner as Mr Price and the Moused, and looked closely at the marks en tho bottom, ho thought 'ho would recognise it again. " _ Atoader Dawson, residing at Millar street, Morth-East Valley, said ho knew the accused and m August, 190-1, hadi sold him tho housi Bllbiect o! tlle '"Qwry for fir arr M l gemont was £50 down, £25 at the end of 12 months, tho remainder to be on fwwtgago for five years at .5 per cent, Witness still hold that mort^a^e Crosa-exftminod: He reckoned tho house was worth Mly £-230 when it was sold. He did not think it had deteriorated much since rt was eold. Several improvements had been b ° USe WaS stin h lheoSr' VeHerbCrt: 0f ho is B -. H'vnt, settler, residing at Anderson s Bay, seid ho had known tho accused yew wSsa^r? 2 ! f dv , for 20 J' 6lll3 ' flm ®»krsed accused's bill for "00, taking a.second mortgago over the liohqa No >'<*> ttat mojf^" W M^ww3, witness tho following, -1S Dlcot wift his solicit' oir'th'c fit? cTF* accused said he had tJ, « , fc and that there was a seLd^if" 5 ° n « a ywrVo°S ? t Ut £275 n*" 3 passetl in at or Kt?s#£§ there who bad a bag. The hawker said ''Is SfeTV t I,OUS<! in? " Reused m, I r w as mwcli as I do" The hawker went away. Accused al so Ba id { i's a ! ld '''ffiself wore at the place about J) minutes, and left together His father ived_near Shannon's store, Bay' road Acoused said he tfia not know whether Keid wanted o be burned out, but lie Kid heari? that Eeid had had a .fire at one time.ft sho S uld eC hlv r ' fn °? gh - t ' that his tenau ' should have sent him a letter asking him-to-fix tue drain, and when he went thoro Eeid was not to be found. He got the letter from ftern . o ° n of Tucsda )'. August & At 5.10 pm. on the 9th inst. witness again saw accused. Acoused fhen stated that ho never had any phospnorus at any time, but that a young chap who used to live in the house with them had had phosphorus. He demed having called shop on the Gth or 7th mst. He had never bought any phosphorus nor asked for any. Accused denied having seen tho fin produced or bought U, saying that it anyone said so they would be making a mistake. Witness then arrested aimer on the present charge. ■ Dfltectivo Huut said ho had visited tho house m Baldwin street on Wednesday night m company with tie chief detective. He examined tho dining room, and found phosphorus from the bricks at the ceiling to the hearth.. Apparently this had caused tho fire. He also examined the back of tho mantelpiece and found phosphorus on it. One of the windows at tho back had no fastener, and was not secured, whiTo another window at tho back had a fastener, which was not workable. Phosphorus was traced from the firepTaco to the ground also. Witness corroborated file ovidenoe of Detective Ward in regard to the statements made by accused. Henry Robert Law, of Henderson Law and Co., chief representatives for the Eoyal Insurance Company, stated that the house in Baldwin street- had been insured for some four years under the present policy for £225. Cross-examined: He considered the risk a good one at the time, and from year to vcar Hie last renewal wa9 on February 9 'last! The building did not appear to bo in a state of bad repair. Acoused reserved his defence, and was committed to the Supreme Court for trial. Bail .was increased, accused being bound in his own recognisance of £100 and two sureties of the same amount.