FIRE INQUIRY PALMERSTON. INCENDIARISM SUSPECTED.

Otago Witness, Issue 2664, 5 April 1905, Page 13

FIRE INQU IRY PALMERSTON. INCENDIARISM SUSPECTED.

An inquiry into the circumstances connected with the fire by which the Palmerston and Waikouaiti Times' premises were burnt down on tho 9fch inst. was held on Wednesday at " the Courthouse, Palmerston. Tho inquiry was held before Major Keddell, S.M., and a jury of six, of whom Mr William B. Galloway was chosen foreman. Detective Livingstone arjpeared on behalf of the police, and Mr" T. A. B. Bailey watched the proceedings for Mr Donald M'Leod. th© proprietor of the paper. Major Keddell, previous to the first witness being called, briefly addressed the jury. He said certain rumours had been current, and it had been thought desirable that an investigation should take place as to tho origin of the fire. The attention" of the police had beea drawn to these rumours, and they had inquired "into the matter, the result of their inquiries showing that a certain amount of suspicious circumstance existed which the department thought should be investigated. He then proceeded to refer -to the alteration in the duties of jurymen within more recent years, and directed the jury as to what, after the evidence had been taken, their finding might be. Donald M'Jjeod. proprietor of the Palnaerston and Waikouaiti Times, said the building cfestroyed was constructed of wood ana iron. It consisted of three rooms, and contained printing plant and stationery, and belonged to Mrs A. H. Gill. The building ■was valued at about £175; machinery and plant, £450; stationery and paper, £100. The insurances were:— £100 on the building, £250 on the machinery, and £50 on the stationery and paper, and were effected with the National Insurance Company. Witness had occupied the premises about two years and a-half, and the- business was paying him. Witness called at the office about a quarter to 8 on the evening of March 8. Hurndell, the foreman, was working then. He was xising an ordinary hanging kerosene lamp. Witness left again almost immediately. No fires had been lit in the building for several weeks previously. Witness knew a man named John Appleby, and heard in Deeamb&r last of alleged misconduct in his studio, and that Mr Appleby suspected witnees of having told the girl's parents of the occurrence. Mr Appleby had not spoken directly to witness about the matter, and there had been no open grievance between them. On the lOfch of March ■witness' was going to the train, and was spoken to by Mr Appleby. He asked witness if he had beard anything about the ! fire which had occurred the day previous. What 'he probably meant was. had witness' heard anything as to the origin of the fire, j Witness replied, "Everybody says you burnt the place down," and he answered, " Oh, they will say anything. They say Clark and yourself, broke my windows." That was all that then passed.. Witness received an anonymous letter in January relating to Appleby. That letter was burnt in the fire. Witness, was a considerable lossr by the fire. On the evening of the Bth he left the office about 8 o'clock, and did not hear of the fire until next morning at 7 o'clock. An adjoining house was destroyed by the fire. Gebrgs Hurndell, the foreman, who had been in charge of the office on the night of the Bth, said he had a kerosene lamp and a candle burning that evening. He worked up till half-past 9 o'clock, and before leaving turned out the lamp and blew out the candle. He left by the back door, and the building was all locked up. There were no broken windows in the building. Knew nothing of the fire till a quarter paafc 7 next morning. Could not account for the fire. There were no combustibles in the place. Joseph White, railway porter at Palmerston, deposed that he. was on duty on the night of "March 8 in the vicinity of the newspaper office. He knocked off work between half-past 12 and 1 o'clock. As witness wa? going home he saw smoke, which he found was coming from the printing office. He l diid not &cc» anyone aboafc. He gave the | alarm by the engine whistles. He knew nothing about the probable origin of tie fire. He knew Mr Appleby, but could not be sure if he was in the porters' room that night or not. He did not' remember him asking that night, or at any time, for a piece of waste. ■ To Mr Bailey. When witness first saw the flames they were coming out by the side of the chimney. He dad rot notice any windows broken. John Walker, labourer, rasidmg at Palmerston, said he remembered the fire, but did not attend it. He knew Mr Appleby, and had a conversation about Mr M Leod with him last Christmas. Appleby said he did not like M\Leod, and that he was a bad sort. He also said it would be a good ceheme to burn him out— ,to burn the printing office out. There was no one else present. Mr Appleby asked witness if he would go with him to burn M Leod out, and witness replied no, that he did not care about the job. Th* Coroner: Was this the start of the conversation?— Witness: We were ing plates. I used to be employed with Mr Aopleby, but was not employed at that time. * Mr Appleby is a photographer. The Coroner: Can you tell me anything th De£osvt Livingstone': Did he in earnest when he was talking like this?Witness- Well I don't know about that. W DeStive , Sringrtone: Did he seem to ■be in a temperi at the time?- Witness-: He seemed to be in a bad temper. The Coroner: Are you any relation ot Mr Appleby's?— Witness: No, sir. The Coroner: What led him to confide in you, or what led him to tell you to- go into a crime of that kind ?-Witness : I don't know, sir. , Continuing, witness said Mr Appleby had known him since he was a boy. When witness refused to assist him he did not ask anything more. Witness told Stanley Morrison about the matter two or three days afterwards. Appleby had not spoken to witness on the subject since. To the Coroner: Witness was not going to °et any money for giving evidence. He to/ not friendly with Appleby just nowHe could not say the- cause of the unfnendhl ltobert Vance, clothier, in business next door to Mr Appleby in Jm | rston 4 T sta^ that he was present at the fire. He was

awake before the engine -whistle blew, and was early at the fire-. About September or October last something had appeared in the Palmerston Times about a disturbance at the Public Hall, and Mr Appleby said lo witness that the best way to get even with tho (meaning, witness thought, the editor of the paper) was to go down some quiet night, break a window, pour a little kerosene on a piece of waste, set fire to it. put it through th-o window, and burn the place down. Witness was 1 on friendly terms with Appleby. The letter in the Palmerston Times referred to three young men, of whom witness was one. He had been speaking to Appleby since the fire. On the same morning that the fire occurred, he came to witness's shop, and said he had stopped in his shop from half-past 11 to a quarter to 4. He did not remember whether Appleby asked if there would bo any inquiry. He did not say anything about the fire. Witness did not see Appleby at tho fire. Anyone who did not hear the engine whistle must have been a very sotind sleeper. Witness Had heard rumours as to little girls going to Appleby's. Walter Gill, law clerk, Palmerston, said he saw Mr Appleby the morning after the fire. He came up and said, " I see you had a fire." Witness answered, "Yes." Appleby asked if there was much loss, and witness replied in the affirmative — about £500. Appleby said he had been at his shop for a little while the previous night, and' {hen went home, and kept going to and fro during the night — to keep a look-out for anyone coming about the shop witness thought he moant. He said he was down at the shop about 4 o'clock in the morningr. Witness had had no conversation with Appleby about the fire since.

Thomas M'Teague. railway guard, said he occupied a house alongside the printing office. He retired to rest about half-past 8 on the evening of the Bth inst.. and^was awakened between haif-past 12 and 1 o'clock by Mr White, one of the witnesses, and found the printing office on fire. His house, which consisted of four rooms, was completely destroyed. He had no insurance on his furniture. He saw Appleby that morning about 4 o'clock. Speaking about the fire, he said it was a bit rough on him (witness), and that he first saw the fire when 'he came to the Bank Corner. Appleby said the alarm had failed to go off, or he would have been down sooner.

William Johnston, blacksmith, Palmerston, residing close to the Palmerston Times office, deposed to seeing Appleby after the fire, between half-past 3 and 4- o'clock. He spoke about the fire just as an ordinary individual might.

Major Keddell intimated that those were all the witnesses- the - police proposed to call, bufc anyone who wished to give evidence could do so.

John Henry Appieby, who had been sittiner in the body of the court, said he wished to give evidence. He said he was a photographer, and had been subpoenaed as a witness by ConstalVct Hilliard.

Major Keddell cautioned witness with regard to the nature of the evidence he should give. Witness said he came down to his shop the night before the fire and lit a small lamp. It was then about 10 minutes to 11. He stopped about the township till about half-past 11 o'clock, and then went home and went to bcd.^ His home was about a quarter of a mile from his shop. He had had bis shop window broken on seveial occasions, and had made it a practice to keep an eye on the shop either by sleeping there ot going to it at intervals during the night. He came down at 4 o'clock the morning on which the fire at the printing office occurred, and as he entered the township bis attention was drawn to the fire by the smoke. He went down and spoke to M'Teague and Johnston, and thai was the first intimation he had of the fire taking place. He heard no whistle or alarm of any kind. He was on perfectly friendly terms with Mr M'Leod. Since the fire he had offered M'Leod a large room for his printing apparatus if it was any use to him. Had never had any fall out with M'Leod at any time, and he wished to deny that he had ever made any statement about burning M'Leod's place down.

To Detective Livingstone : Witness remembered seeing the police in the station at Palmer3ton, but did not then suggest that it (the fire* served M'Leod right. He remembered saying he could prove an alibi. He sept at home that night. He did not tell Vance he had slept in his shop from 11 o'clock to 4 o'clock.

To the foreman : Witness was at the railway station the night before the fire, but did not ask for a piece of waste. He wrs friendly enough with "Vance and Walkar. Major Keddeli referred to the fact that anyone of intelligence would have sense enough to know such an offence as incendiarism would be severly punished. It seemed singular the jury should be asked to believe that Appleby made the proposal stated by the witness Walker. He could scarcely believe that anyone would coi>fide in the lad in such a manner, and that the i-emark, if made, was merely a foolish one uttered by a man smarting under the caustic pen of someone writing to the newspaper. When that man got over that feeling he would hardly cay such a thing to anybody. It seemed quite unlikely that while developing photographic plates he would propose a crime of such a heinous nature. Then they had the evidence of "Vance, who was very vague as to dates. There was nothing to show the place was accidentally fired, and someone must have done it, and in that connection he pointed out that one of those in the office might possibly have left the candle burning.

The jury, after half an hour's retirement, returned the following verdict: — "The jury are unanimously of the opinion that the premises of the Waikouaiti Times Office were wilfully set on fire, but the evidence is not strong enough to attaqh the crime to any particular person or pefrsons."