MAGISTRATE'S COURT.

Poverty Bay Herald, Volume XXI, Issue 7012, 26 June 1894, Page 3

MAGISTRATE'S COURT.

[Befor^ J. Booth, Esq., S.M.] ALLEGED ARSON. Robert Little was charged with having wilfully set fire to a building, to wit, a stable situated fn Lowe street, on the 25th May, 1894. Sergeant-Major Moore, assisted by Mr Nolan, conducted the case for the prosecution. Mr Chrisp (instructed by Mr DeLautour) appeared for the defendant. Thomas Soloman sworn, stated that he was a wheelwright residing m Gisborne. He remembered the night of the 24th of May and the morning of the 25th. He was then living at the back of Messrs Bull's and Garrett's shops.' There was a fence between his residence and that of Mr Parnell, which was burnt down. His house was immediately behind Mr Bull's shop, but was wider than his. There was a small yard at the back of his house. The end Walls of Little's stables formed the boundary of his yard. He remembered the fire that occurred on the 25th of May, being awakened by the fire m the adjoiniug premises. The flames were coming through ParneH's skylights when witness saw it first, and it was after that that his own house caught fire. When this happened he tried to remove as much furniture as possible from the building. While working he saw a fire breaking through the walls of th« back part of the stable near his boundary. The fire would be nearer the end of the stable furthest from Lowe street. The fire was on the stable Bide. The end of the stable adjoining his yard was weatherboarded, some of the boards, being broken m places. When witness saw the fire he ran over to it and pulled some of the boards off, m order to get through into the stable; The piece of board produced was the one he believed he pulled off. He then raked part of the fire out, and others put it out. He noticed a smell of kerosene. There was some hay m the building, but noc a large quantity. After this he returned to his own building. After that his attention was again called to the stable, and he kept his eye upon it, but did not see j any sparks upon the first and second occasion he went to the stable. On the third occasion he thought he saw sparks m a different, place. He pulled more boards off, and discovered there was a fire there. This would be about half an hour after the first fire m the stable. This fire was nearer .Parnell's by three or four yards— and was also on the inside of the stable. He raked the fire out into his own yard and put it out. From the position of the fires, he thought it would have been impossible for the first to have originated from the outside, though the second one might. The fire was well under control of the firemen when he saw the second outbreak m the stable. He afterwards saw another firenearly two hour's, he thought, from the discovery of the first. At the time of the first fire it would have been impossible for anyone to have got into the stable from his yard, without pulling more boards off than were down when he went to it. When he went to the first fire he saw no one m the stable. The fire was alight and there was a strong smell of kerosene. It would be nearly daybreak when he saw the third fire. The moon was well up, and it would have been easy to discern anyone moving about. Mr Boyd assisted him at thb fires. He did not go inside on the occasion of the third fire, bat assisted to put it out by bringing water. ' Cross-examined by Mr Chrisp : There was very little wind that night; 'and it was not blowing from any particular direction. The sparks were falling equally on all sides. Facing Lowe street there was a large entrance to the stable. There was nothing to prevent sparks from being blown through this . opening. Such a thing might have happened. The holes m the weather-board-ing were quite large enough for the sparks to have gone through. The scorched side of the board produced was on the inside of the stable. He could not detect any smell of kerosene upon it now. He was not absolutely certain as to the time that elapsed between the first and second fire, but no sparks iell m his yard so far as he saw. If such a thing had occurred he should have removed his things further" away. To the S.M. : There were two shirts on the fence which were burnt by the heat, but not by the sparks. To Mr Ghrisp : The shirts Were about four yards from hiß house, or 24 feet from the stable. The shirts were singed but not completely burnt. Re-examined by Mr Nolan : There were no large holes m the weather-boarding when he saw it on the occaßion of the first fire. John Wilson Bright stated he was manager of the Loan and Mercantile Co. at Gisborne. He was agent for the owner of the stables, and had given the defendant notice to vacate the premises by the 20th of June, as they had been let to Mr Redstone by the owner (Mr Fryer), of Napier. He remembered the fire at Parnell's on the 25th of May. He saw defendant on his premises on the day after the fire. Defendant showed him twoplaces where the fire had originated. One was at the back, facing Gladstone road, and the other opposite Lowe street. Defendant took up some of-fch,e charred hay at the back of the stable and asked witness if he smelt kerosene, but he did not notice it very strongly. Defendant said someone had been trying to do him a bad turn. Cross-examined by Mr Ghrisp : Prior to the premises being let to Mr Redstone defendant was negotiating for the purchase, or failing that, the lease— but he declined to continue to pay the same rent (£l5O per annum, and rates and taxes). There was a slight smell of kerosene on the board produced. Defendant could have obtained a continuance of the lease had he agreed to pay the same rent. Hugh Boyd deposed he was a baker residing m Gisborne, and also knew the witness Soloman. He remembered the occasion of the fire m Gladstone Road. He was assisting Soloman at his place. vVhile doing so his attention was drawn to a fire m Little's stables-^in that portion of them which adjoined Soloman's back yard. He and Soloman ran to the place and pulled off some of the weather boards, when they discovered fire inside the building. The fire was nearer the back of the building than to the Lowe street end, and had started m a rack about three and a-half feet from the ground. He thought he smelt kerosene, especially on one of the boards he pulled off. He entered the stable through the hole they made m the weather boarding. . So far as he knew they put the fire out completely. When m the stable he saw defendant standing m the centre of the yard between the two buildings. Witness informed him that his stables were" on fire, showed him where, and told him that he had extinguished it. Defendant said it was a good thing he had discovered it, but witness did not toll hiir he smelt kerosene. It was a clear night. Cross-examined by Mr Chrisp: At the time he pulled off the piece of board he thought he smelt kerosene. The boarding was very rotten, and a small boy could have got through from the back of Soloman's yard. A man could not have done so. He smelt the board on the charred side, but could not say whether he smelt both sides on the occasion of the fire. There was no a marked smell of kerosene on the board produced. It was a calm night. There was an opening near the roof which was used for putting hay through. There were three windows with panes broken m this building. The sparks from the fire spread a good distance. He saw the hay m the stables, and what he saw was quite dry enough to catch fire. Re-examined by Mr Nolan : The windows he had mentioned opened into the top of the building, which was used as a loft. To the S.M. : He could not say whether a spark could have found its way to where the first fire originated or not. The Bank of New South Wales building was on fire and was gutted* . „;■; Alexander Thomson, deposed he was a member of ,tbe Gisborne lire Brigade and was at work at the fire |m -Gladstone road on the 25th May. He could not say where the fire first started. When he got there Morell's and Parnell's were on fire. The fire did not extend further than Bultfs.,* He knew Soloman's house which had a portion of the roof burned. He knew the back part of Little's stables, which was at the back of Soloman's, and a good|deal. farther away from the firu than Soloman's house was. His attention was called to the back part of Little's stableß, which, on examining, he found to be on fire. He entered the stable through the southern end. ' He took watei and quenched the flames. The fire

before daylight. When he arrived, some hay was burning. There was some hay m the loft, but he could not tell the quantity. He did not notice any smell beyond that of burning hay. A stableman came m shortly after witness got m, and also several others, but he did not notice who they were. There could not have been sparks flying about at that time as the fire was well under. The stable buildings were built all along the line of the back of the fire. The only made opening to the building was from Lowe street. He did not see the defendant on the premises. Cross-examined by Mr Chrisp : The Bank of New South Wales was the last place on fire. There were no sparks flying from the bank building — he was pretty confident of that. If any one had purposely set fire to the hay he must have done it from five to ten minutes previous to when witness arrived at the stable. Foster, the stableman, came through the stable yard. Mr Soloman gave the first alarm of fire. The Court adjourned at 12.55. (Left Sitting.)