CHARGE OF INCENDIARISM

Otago Witness, Issue 2928, 27 April 1910, Page 16

CHARGE OF INCENDIARISM

ACCUSED COMMITTED FOR TRIAL

Andrew Moore, a young man, was oharged at Port Chalmers on the 18th, on remand, before Messrs D, A. De Maus and J. Watson, J.P.'s, with attempting to set fire, on April 12, to a cottage on Beach road, Port Chalmers, the property of William M. Innes. Mr F. W Platts appeared for accused. Sergeant Mullany stated that the information was laid under section 330 of "The Crimes Act, 1908," and accused was charged with wilfully attempting to set fire to a building, the property of one William Innes, situate on what is known as the Queen's drive, Port Chalmers The house was occupied by a man named Duncan Gray, who irented it from Mr Innes. At 11 a-m. on the 12th inst. Mrs Gray left home and cam© into Port Chalmers, returning about 11.30 a.m., and on going into the house she smelt burning wood a.nd noticed smoke coming through the lining boards of the kitchen, and on going outside to investigate found burning paper smouldering under the house and the woodwork of the house charred, smoking, and quite hot. She informed the' police, and Constable Edwards, who went there at once, found the burnt paper as described by Mrs Gray The accused occupied ia cottage also owned by Mr Innes, and almost adjoining that of the Grays, the house being only 3ft apart It would be shown that accused was at his own place shortly before the fire was discovered, and that shortly afterwards he was seen hiding under a neighbouring house, but according to his own statement he was lying down in bed in his own cottage from 11 a.m. that morning until 2.30 p.m. ; and although he stated that he had had only one drink that morning, at about 10 o'clock, still he did not hear the police knocking loudly at his door at 2.30 p.m., nor was he awakened by the forcing in of both the outer door and the bedroom door, which was firmly jammed by an axe being placed underneath it, which necessitated the hinges being burst off. It would also be proved that the paper found burning underneath Mr Gray's cottage was saturated with linseed oil, and that similar oil was found in accused's house in a paint pot, from which oil had been quite recently removed; that accused olaimed the oil found in his cottage as his property, and that he said it had not been used since last Christmas It would also be proved that accused was on unfrieudly terms with Innes, and that he had openly threatened to burn down every house belonging to Innes. William Martin Innes, fish-curer, residing at Island terrace, stated that he owned several houses there, which are let to different tenants. One of the houses was let to Mr Duncan Gray and another was let to accused, who had been a tenant for some time. Witness had asked accused to leave the house on several ociasions, and had "disputes with him over the rent. . He had a dispute with accused the day before the fire. He asked accused if he had money to pay his rent, and he said " Yes." He asked witness to go inside with him and he would settle; but when they got inside the cottage of accused, he closed the door and said: " Now, old man, I am going to punch you." On the morning of the fire he saw accused standing at his own door between 10 and 11 o'clock. Witness went to Port, and returned at about 12 o'clock, and found that someone had been setting fire to the cottage occupied by MiGray. Charred wood and oil and paper were under the house about 18in from the chimney, under the wall-plate. The ashes and wood were quite warm, and there was a smell of paint oil on the debris. The smell of the oil in the debris corresponded with the smell of paint oil found in a pot in accused's house. Clara Hannah Gray, wife of Duncan G'ray, stated that on Tuesday, April 12, she "left home at 11 a-m. for Port, and returned about 11.30, and went inside. There was a smell of burning and a little smoke in the kitchen, and on going to the back of the house with her husband she found a heap of burnt paper beneath the house. The fire was just going out when discovered. The woodwork of the house was charred underneath. Witness knew accused, who lived next door to her, and she saw him about 9 o'clock that morning, but was not sure of the time % The cottages wore a few feet apa.rt. No one except aocused and witness and her family had a.ny right to go where the fire was discovered.—To Mr Pliatts: It was not a serious fire. There was a fire in the kitchen in the morning, but it was out before she left the house. Accused was a very nice neighbour when he was no* drinking. Aocused had been very kind to witness when her husband was ill in December. He had lent them money. When accused was drunk she would be frightened as to what he would do. Accused had his meals with witness and her husband when he was out of work. He bad threatened, while under the influence of drink a long time ago, to burn the houses down. Daisy Middendorf, living at Queen's drive, stated that she Knew accused, who occupied a house near that of witness and her husband. On Tuesday, the 12th inst., she saw accused, about 12 o'clock, " fooling " about underneath the floor of her house, which stood on piles. He had no business to be there, and she thought he might be gather'ng a few nieces of wood to light his fire.—To Mr Platts: I did not speak to him, as I believed him to be a bit silly for a few days.—To the police: She formed the conclusion that accused was silly because he had threatened to fight someone, and had been threatening people generally. She had no feeling against accused, but she feared him because he bahaved in a threatening way. Constable Edwards stated that in consequence of a complaint made to him be went to Mrs Gray's place, and she _showed him a spot where a recent fire had been made under the side of her house. There was a quantity of burnt paper, and some of the boards were charred and were quite warm. The ashes were saturated with paint oil. . A piece of tin was against the house where the fire had been. Witness went to accused's house and knocked, but got no response. The time would be between 12.10 f-nd 12.15. 'He did not see accused until 5 p.m., when ho was in the lock-up. Accused stated that he had in Port that morning between 9 and 10 o'clock, and had had one glass of beer. He stated that he then went home, and at 10.3& aJM. went out of the house to get some water from the tank. He also stated that he did not hear witness knocking at bis door.

] Constable Hodgson stated that he saw j Sergeant Mullany knock at accused's door, ! and also at the window, and shout to accused to open the door, on the day of the fire. He was also present when the front door of accused's house was forced open. The sergeant remarked that enough noise had been made at the door to awaken the dead. After the door had been forced open it was found that the door had been locked, and that another door was held fast an axe against it. The hinges of the inner door were forced off in gaining an entry. Accused was lying in a bed in the house. Accused stated in answer to a question by the sergeant that a tin of paint oil found in the house was his property, and that it bad not been touched since Christmas. He stated that he went to bed shortly after 10 a.m., and had: not left the house until the police came.—To Mr Platts: It would be about 2.30 p.m. when the sergeant and witness went to the house. Accused, when charged with the offence, said he had not set fi rs tf the place. Sergeant Mullany, who gave evidence, stated that at the end of Gray's house, aboat 18in from the chimney, he found traces of burnt paper, as described by previous witnesses, and also saw the boards of the house slightly charred. He also noticed a strong smel! of oil among the ashes. He corroborated the evidence of the previous witness as to knocking 'oudlj at accused's- door and calling upon him to open it. The door was forced open at witness's suggestion. The bedroom door was' found to be firmly shut when witness and the constable entered, and this dooi had also to be forced open. Accused was lying on a bed, and had a blanket over him His coat and boots were off Accused, when spoken to, said " Halloa, sergeant!" and said he had mot heard the knocking or the bursting open of the doors. When accused of setting fire to Gray's house he said: "T don't know anything about it I have been lying here since 11 o'clock this morning." Accused was then arrested The paint and pot produced jvere found in accused's house. The skin on the paint had been quite recently disturbed, and one side of the pot was moist, where the oi* of the paint had been poured off. The oil in the pot and the oil found beneath the house were similar Accused said the pot and paint were his property, and that they had not been used since Christmas—To Mr Platts: Accused had been drinking, and his manner was that of a man who had recently recovered from the effects of drink Mr Platts said the evidence that had been brought was -purely circumstantial, and there was nothing direct to connect acous.ee 1 with the charge. If the evidence given by Mrs Gray was eliminated as to an alleged threat, and Mr Inmes's statement that he had had a quarrel with accused was eliminated, there was nothing against accused. He asked, under the circumstances, if there was a case to answer The Bench decided that there was *>■ -tase to answer. Andrew Moore, the accused, stated that on the date of the information- he was in IJort Chalmers.; and left for hie home from the railway station about 10 minutes past 10 He had one glass of beer while in Fort. After going home he took off his boots, waistcoat, and coat, and went to bed. The front .door was bolted, not locked. The bedroom door had an ex» against it to keep it closed, because it would not look. ' He knew nothing virtil the bedroom door was burst open. He i J* 0 , . dlnner th *t day, and his brother asked him to have some, but he did not do so. He had nothing to do with the hre. if Gray s house was. burnt down that occupied by accused and his brother would also be destroyed. There was no insurance cm bis (accused's) things. Hugh Moore, a brother of accused, said the two rooms occupied by him adjoined those of accused. Accused was in his own room* between half-past 11 and 12 o clock. Witness calkd to his brother to come to dinner, but he did not come. He did not think his brother had been drink ing much lately. Mr Platts said the charge was a serious one, and he asked the bench to take the view that it was highly questionable whether the fire was caused by accident or by design. It had occurred at the corner of a fireplace., and the witness Mrs ; Gray, in cross-examination, had stated that a fir® had occurred at the same place once before. The police had started with a suspicion that accused had set fire to the place, and they had worked up a set of circumstances to support that view. Some reliance was placed on the statement that there was pain* oil in the paper and ashes, and that a tin containing similar oil was found in- accused'* cottage: but, as a matter of fact, Mr Gray had been painting his house, and there might easilv be plenty of oiecss of paper about with oil on them. There was absolutely nothing to connect accused with the fire, and the police case rested on three points: Mr Imnes, the owner of the cottaae, had quarrelled with accused; Mrs Grav said he hod made a threat a long time ago that he would burn limes'? houses down; and another witness stated that accused had i been seen by h°r unde>- her house possibly hunting for sticks to light his fire. The fact that accused had quarrelled with the owner of the houses was rot evidence that he had set fire to fie place: and as regarded the threat, man"- foolish and stuoid threats were mode without" anv intention of carrying them out. Mrs Middendorf's evidence that accused wm lender her bouse. possibly bunting for sticks, was of no value, because the time she saw him was after the fire. The police evidence showed that accused was soK>r. and hie three statements, made at different times, were *II consistent. The crre was one of those dangerous ones, the o->ly support of which was circumstantial. He was sure that no Jury would dream of sending accused to penal servitude on the evidence given, and he submitted that there was not suffii cient evidence to- justify the bench in sendj ing accused for trial, and thus putting the I State to a lot of expense. The Bench, after a brief retirement, in- . fcimated that accused would be committed : for trial at the next sitting of the Supreme Court. Accused, who reserved his defence, was admitted to bail in the same amount as formerly—viz., self in £SO, and one surety ; of £SO, or two sureties of £25 each.