Magistrate’s Court.

Waipawa Mail, Volume XIX, Issue 3286, 24 October 1895, Page 2

Magistrate’s Court.

WEDNESDAY 23rd OCTOBER 1895. (Before Messrs S. Johnson and A. St. Clair Inglis, Justices.) John Kirkwood Tracey was oharged with wilfully setting fire to the Refreshment Rooms at the Te Aute railway station on the 10th October last. He wa« further oharged with stealing two bottles of whisky and two bottles of brandy from the rooms. S irgeant O’Donovan conducted the pro ceedings for the police and accused was not represented by counsel. The following ovidence was taken : Arthur Pickering, licensee of the Te Aute Hotel and Refreshment Rooms, de posed that the refreshment rooms wero at the railway station. On Thursday the 10th inst, between 3 aud 4 a.m, the rooms and contents were destroyed by fire. The room was a wooden » uilding with an iron roof. The kitchen at the back had a fireplace in it and there was a small room used as a lamp room. These rooms were attached to the main building. Entrance was gained either by the lamp room which door faced the station, or by the refreshment room from the plai form. A door at the back led into the lamp room on the outside. Au inner door from the lamp room led into the kitchen and a door from the kitchen into the refreshment room. The railway station was about six feet from the rooms The station was destroyed by fire at the same time as the refreshment rooms. He was last in the building at between 6.20 and 6.40 p.m on the night previous to the fire. His brother and nephew also in the building with him and be was tbo last to leave. He secured the place and took the key home with him. He locked the front door, for the other door was always kept locked as it was seldom used. Three doors opened upon the plat form, two of which were bolted from the inside. A person inside could opaa these two without a key. Besides the door at the back, there was a window in the kitchen on which a board had been nailed from the inside which could be pushed in. He had put a nail in the sash to prevent the catch from coming back. A pane of glass was broken near the catch. A p*r son coaid easily reach the catob from the outside by patting his hand through th* broken pane, and by undoing the catch lift up the lower sash. The refreshment room contained, when ho left on the evening of the 9th instant, a large stock of liquors, beer, cordials, cigars, cigarettes and tobacco. Amongst the stock were some bottles of Henoessy’s brandy, both case and draught, also Boomerang case branay and Cogniac case brandy. There were several brands of whisky, Usher’s Special Reserve, Usher’s Old Vatted, The Joker, House of Commons, LaidlawV and Old Judge. These were in bottles on the shelf. The brands on the bottles produced wero the ones he had io stock at the time of the fire. There was nothing saved from the fire. The Joker whisky was not in great demand and was not usually kept in hotels ; he had not seen it in any of the hotels at Hastings or Waipawa. He bad not given away or sold lately, any bottles of these brands, nor bad he at any time given any to the accused. If anyone in his employ had given or sold any he would certainly have known. He knew the accused, who resided with bis mother, near the Te Aute railway station. Accneed was well acquainted with the refreshment rooms, for he was a frequent visitor on the platform He had resided at Te Aute longer than witness Accused had been at home a good deal lately as be bad been unemployed. He saw accused at about 4 a in. on the day of the fire, on the road near the scene of the fire, i’he place was then burned down. He could only identify the bottles produced by being the same brands as he usually kept. A youth, named Edward Amundsen, awoke him and gave him the alarm of fire. The tobacco produced, Jnno and Derby brands, was similar to that kept by him. He never sold or gave any of the tobacco to ac cused. Ho was not aware that any other person in Te Aute sold tobacco. Accused declined to cross - examine witness.

Elward Amundsen deposed that he was at borne on Wednesday the 9th inst. when be slept in his mother’s house, which was about 100yds from the railway station He remembered the time of the fire,for he had occasion to get out of bed, when his attention was directed by the glare of a fire. He drew up the blind and looked towards the hill and saw a reflection of fire. He then cried out that he thought Mr Tyack’s house was on fire. His mother and ho went out, when they saw the back of the refreshment room on fire. It appeared to bo in the kitchen and was burning towards the platform. He rau over to Mr Tyack and gave the alarm and then ran to the statioomaster. He afterwards went to Pickering’s hotel aud iuformod him ; ho did not notice the doors at the refreshment rooms ; he knew the accused and saw him when he came back from Pickering’s , he was coming from bis house towards the fire ; the buildings wero nearly burned down at the time ; he was the first to discover the fire. Accused did not cross examine witness. By the Bench—He did not have any conversation with aocueed on the morning of the fire, except about the trucks and water. John Tyack, ganger, deposed that he lived about a chain from the Te Aute railway station he remembered the fire there on the 10th inst; he was woke op about twenty minutes to \ o’clock by the last witooss ; he got up and saw the refreshment rooms on fire ; the flames were coming out of the south door of the building on to the platform ; the south door was open at the time ; this was the door nearest to the railway station ; it was about three parts open ; he tried to get near it but wue uuaD|e to do so owing to the heat; there were two others pro sent at the time, the last witness and a njan named Me3harry. who lived olose by; Mcßherry was a ganger on the railway ; he knew the accused but did not see him at the scene of the fire until about an hour after witness arrived there ; he did not have any conversation with him ; he went to the bouse of tho accused’s mother on the night of the 13th inst ; ho was asked to u o by a person Darned Gordon who said young Trac3y had poisoned himself ; be saw accased in tho house in bod in the kitchen ; he appeared to be drunk as far as he kcow. for ho smelt of whisky ; he was close onpogh to bin* to smell the whisky • he saw a bottle containing about two inches of whisky standing on the dresser in the room ; the brand on the bottle was an imitation of a playing card

and was known as the Joker, similar to the one produced ; he had only seen the brand at the To Aute refreshment rooms ; be did not have any conversation with accused, who appeared to be incapable of speaking ; he did not notice any other bottles of whisky in the room ; the appearance of the room led him to believe that accused bad vomited on the floor before he had arrived. Accused declined to croaa examino witness.

A. Pickering, recalled, deposed that the door opening on the platform at the north end was the one that was locked ; the two doors next to the railway station were the ones that were secured by an iron bolt on the inside ; the doors could 1 not have been opened by the wind. 00 H. R. Bush, clerk in the railway department, deposed that at the time of the Te Aute fire be was at Napier ; ho came to To Aute the day after the fire and -rnwy> there on the night of the 13th inst., when ’ he was called up about a quarter to 11 o’clock by the stationmaeter, aud accompanied him to the house of Mrs Tracey; he saw accused there in bed in tho kitchen ; be thought he was drank for bo was speechless and helpless ; he saw vomit on the floor aud there was a strong smell of whisky from accused ;*be saw some whisky iu a bottle ou the dresser ; the bottle was about a quarter full aud bore tbo Joker brand ; he had never seen the brand before and it was similar to tho one produced ; he was not aware before that there was such a brand iu exiatenoe and had never aoeo it anywhere else ; he did not soe any other bottle containing spirits in the room ; accused was uuable to recognise anyone at the time, neither did he speak; accused’s mother said tho whisky had been given to her son and she had taken it away from him. .Accused declined to cross examine the witness. Margaret Tracey, who took au affirmation instead of the oath, stated that abo was the mother of accused and at.t» Te Aute ; her house was nearly a quarter of a mile from the railway station ; her sou bud not been working anywhere since the 27th February last ; she bad lived at Te Aute for 15 years ; her son was 17 yearß of age ; she remembered the night prior to the fire, when accused was at homo ; be slept in the kitchen by himself ; she did not see him go to bod on the night mentioned ; she went to bed at 830 p.m. and all the children with tho exception of Thomas, who was preparing his lessons in the front room ; her bedroom was in the front of the house and she and all her children, except aocused, slept there ; Thomas went to bed about ten minutes after she did ; accused was sitting io the kitchen reading a book, bat she did not bear him go to bed or leave the house; she did not hear him leave the house, but he oould have done so without her hearing it and could have returned without her knowing, if be had gone by way of the back door ; about twenty minutes to 4 o’clock, on the 10th, her girl awoke her and went to the front window and looked out; the girl returned to bed and shortly after said there was a great smoke outside ; she looked out of the window and saw the station on fire ; it blew very hard that night; she then went into the kitchen and oalled accused to get np ; accased was in bed sound asleep and on awakening said, ** Is our chimney on fire she replied, “ No, there is a great fire at the railway station, accused then said “ let it go,” and remained in bed ; ehe retnrned to the bedroom, dressed herself and one of the children, and came out again, oalled accused, who was still in bed ; she aaid “Johnny, get up, there’s a great fire at the station, what made yon lie down again he then jumped op, and said 41 Oh ! the station on fire, I must be off he put on his trousers and rnshed off, putting on his coat while going along ; when accused was called the first time be did not come to the door, and she had no recollection of haviog told anyone he did; aconsed went to the fire and did not return home until after 10 o’clock ; she heard accused say there bad been nothing saved ; accused was home on Friday, Hth inst. ; be came home after the last train had passed, which would be a little after 8 o’clock ; he saw a friend home and came back again after 10 o’clock ; she was in bed then, and accused asked her if she would have a glass of punch, to whioh she replied “ No she asked where he had got the stuff to make the punch, and accused replied “ I’ve got it hereshe again asked where be bad got it, and he said “ I got it for a shout as I was not at the show accused then shat the bed* room door and went into the kitchen ; accused was at home on the following Saturday, when she questioned him abont the bottle of whisky, whioh she saw on the dresser ; the cork had been drawn and some of the contents taken oat; accused said be had found the bottle of whisky, and that Alf Garnet bad lost it while trying to pat it into bis pocket ; he saw Garnet drop it on the grass near the station and he had gone and picked it up ; she remonstrated with him and said be should have returned it ; she ooold not say what brand was on the bottle , the oue produced was the one she handed to Sergeant O’Donovan ; when she first ssw the bottle on Friday night it bad a oapsule on it ; accused showed it to her in ths bedroom j ho left home on Sunday morning, returned at mid-day and remained at home all the rest of the day ; be had a drink of whisky before dinner ; when she was going to bed about half-past 8 on Sunday night she took the bottle of wnisky and bid it at the bead of a sofa in the front .room. They bad supper together, when accused appeared quite well ; he left the bonse afterwards, for be heard someone speaking on the road and be said he would light the lamp and see who they were ; be was away about ten minutes ; at twenty minutes to 11 aha heard a great groaning in the kitchen and went to see what was the matter ; she found accased on the floor on his face and the floor covered with vomit; she sent Thomas for assistance whioh arrived , those who came said accused was suffering from the effects of drink; Thomas was sent for the bottle of whisky which bad been bidden and found in tbs same condition as it had been left ; nothing had been taken out of it ; if aocused bad obtained liquor it must have been from another bottle than the one she hid; accused left home on Monday morning and she had not seen him until to-day ; she had handed to the sergeant the broken bottle prodaced, which was on her dresser and which ehe bad told Thomas to throw away, aud be bad done so. She had shown the sergeant accused's box, whioh was locked and gave him permission to ses'Oh it ; she was present during the search and saw him bring some tobacco and two bottles of brandy out of the box ; no one had control of or access to the box bat accused. (The Court then adjourned.) THIS DAJ. The hearing of the case was resumed at 10 30 a m., when Mrs Tracey gave farther evidence respecting the finding of the bottles of brandy and tobacco in her son's box ; she stated that accased did not smoke and that be was of a selfish disposition ; she had no control over him ; the did not know of bim having any money lately, but she bad given him half a crown. By accused—He had not return *d the half a crown. By the Bench—She had )>een a widow since the 4th August, 1894, and bad beeft left in poor circumstenoes. Thomas Tracey, brother of accused, remembered the night of the fire on the 9th October. The aoensed did not get

when first called. His mother called i again, and shortly afterwards witness i him dressed and going towards the Accneed was home in the afternoon the 10th, and in the evening be said to mother, “ You needn't worry yourself at it, your own will be the next; I ik I’d best put a match to it.” Witi corroborated the evidence of his tber with reference to the whisky i the state acoused was in on the Sun night. On Wednesday saw the box iconsed searched, when some toabcco | two bottles of brandy were found, arday morning was the first time witssaw acoused take whisky, fbe accused was discharged on the first at ; on the second he was sentenced three hSOnths' imprisonment in Napier