INQUEST.

Wairarapa Daily Times, Volume 2, Issue 521, 21 July 1880, Page 2

INQUEST.

An enquiry touching the late Are at Taratahi, by which Mr J. Driscoll'i dwelling house and furniture were destroyed, was held at the Taratahi Hotel on Monday morning last, Mr Walter Francis was chosen foreman of the following jury Messrs A. McKenzit, G Bowles, R. Harman, G. Gardiner, J. Tile sen, 0. Potts, T. Bennet, A. L. Whyte, E. Cohen, A. Douglas, G. Deller, and R. Drumgold. Mr G, Fairbrother represented the New, Zealand, and Mr A. Fisk the Colonial Insuranco Company. The premises were insured for £250 in the Colonial, and £SO in the New Zealand, whilst the furniture was covered by another risk for £SO in the New Zealand.

; William D. Stacey depoaed: I am i a farm laborer at Mr Walter Francis', Taratahi. I was sleeping on the 9th July at the cottage belonging to Mr Francis, situato half a mile from Driscoll's. About. 12 or 1 o'clock I noticed a peculiar noisi like a trap travelling down the road. I got up and went on the verandah in front of the house to see what it was, I noticed there was a fire, and went up the steps which led up outsidesfcableaud barn,which is close to the cottage. The verandah is in the opposite end of the house to where I noticed the reflection of fire, When I went up the steps I saw the fire. Anyone standing there might have seen the house. I went iii, and after putting my trousers on ran to Driscoll's. Did- not know whether anyone was in the house or not. Icooeyed and called out,but finding no one went home aqain. Did not go to any neighbors, not knowing any. Saw Mr Allen the next day, and told him about the fire, and requested him to report it. Me promised to as he was going to Mas-, terton. A boy about fourteen or fifteen was sleeping in the same house with me, but not in the same room. I told him about the fire, but he did not get up. He could see the flames from where he was sleeping I should not have got up only the noise that just attracted my attention continued for nearly three-quarters of an hour, and Igot up to see what caused,it. I thought it should have passed'quicker if it was a vehicle. The house was consumed except the roof of lean-to, which fell in after I arrived there, Never saw Dris.coll before the fire, and did not know him. On Sunday I went again and noticed that the keys were all in the locks except one-that is in all the locks I observed in the ashes. Cannot say which door lock had no key, Never was at the house previously, and do not know anything about the position of the rooms. I left the locks lying. Saw the remains of the firs again on Saturday morning, but it was on Sunday morning, when I went with several others, that I noticed the locks on the ground, D, McLachlan deposed: lam a farmer, residing at East Taratahi, about thirty' chains from Driscoll's. I remember the 10th inst. My daughter noticed about daylight a strange light at Driscoll's. She alarmed her mother and myself, and we went to see. They went outside, and I went upstairs, and saw the chimney stand? ins, and smoke rising from where Driscoll's house stood. Could see Driscoll's house from my place. Conoluded that the house was burnt down.

By Sergeant MoArdle: There was only a light wind, I did not hear any unusual noise through the night. I am intimately acquainted with Mr Driseoll, but was never in his new house, Last saw Driscoll before the fire coming from Maßterton with his cart. Cannot remember the day. Couldn't say whether Driseoll was at home on the morning of the lire. Did not see anyone about there previous to the fire. Did not go over, or any memher of my family, after the fire to see'if Driseoll or anyone was burnt. None of us went over. Don't know whether Driseoll has sustained any loaa, or whether he was insured or not. Don't know anything of his circumstances. Could not say whether Stacey or I live, furthest from the fire. The smoke was blowing from my place, and there is a stream running between my place and Driacoll'a. I have not quarrelled with Driseoll or anyone else. I was in Driscoll's old house, but do not know when Driseoll was at 'my house. There is no road between my house .and Driscoll's. I't'old James Macara of the fire, but am not sure whether I told Mr Gray, the blacksmith—l might have done so. I told Mr Williams and several others who me about it. I was in Masterton the day of the' fire, and at the Olub Hotel. I am not sure whether I told anyone there of the fire, arid do not recollect saying that it would not matter to Driseoll, as he was well insured, and could rebuild with, his insuranse. Not sure what time I reached Maaterton. It was after dinner when I left, and might have been 3 o'clock when I arrived, Stayed there several hours, partly on business, partly pleasure. Had a few nobblera, but couldn't say how many. It was after dark when I reported to the police, Don't know exactly what 1 said, but I have not had any row with Driseoll. ; Mr Macara told me that Driseoll and his wife had gone to Wellington. I said Driseoll might be insured, as everyone i waß insuring now. IM told you I must 1 have heard it in Masterton. Don't know how Driseoll agrees with his neighbor!. Don't .remember anything particular on the Friday preceding the fire. People might have'been shooting, as it is an everyday occurrence, and I not have remarked it. The smoke was blowing towards Carterton,/ I did not go to the fire, nor anyone from my place. Don't know whether Driseoll is indebted to Gray. If I said so some one must have told. me. I did net know that he : was insured. Was not drunk when I saw the police.at Masterton,. I remember having vfew nobblers previous, and I do forget after drinking. - / . James Driseoll deposed : I am a farmer at Taratahi. I remember the Bth, 9th, arid 10th of : this month. . I .went to Wei-, lington on Friday evening, »nd left my place about 6 a.m. in order; to caloh the coach., I did, not leave anyone in oharge. i I hid to meet my wif» in' Grey town';»h« 11

weilt the.diiy before with my grandchild. , I did not light a fire before leaving; I did not have ahy; breakfast/ I lighted a candle inv the lantern to- see to feed the horses and then turned them out; I did not light k candle in the house. . The stable is still standing; it is ; twn chains from the house. v. J locked all the doors and left the key ol (he'baik door on the wall pUte of the-rerandi(h: I told no strangers where thekeyW; I left the house safe. I went to Wellington to seti!b some biiHiiem with hiive often left if before' with nobody in charge. ,I. came .home on the Saturday nighUn'ndid iiot'"hear anything iif the 'fii'e.till.CiißstahleJ?vanß_t»ld-me-ffhen-I---pot out of the coach at the Marquis of Normanby Hotel. I had an.engagement to pay money, and oughtjn have paid it, hut did not. I know Mr ;F. Gray, and owe 4 him £250; dmi'rtriow whether D, McLachlan knew it—l never told him. I was insured in the offjee Mr Fisk is agent for, for £250 on he dwelling house, and the barn and stable arid 1 -400 bushels of Ofttg in the N. Z. for £50..' The outbuildings wero insured for £st) and the furniture of dwelling house <for £SO. My neighbors are all friendly,'«nd so far as I know they would not do' me any injury. My opinion is that nothing was left that could cause the destruction to the house; it must have been set light to ;-I. don't know, by whom. Anyone get through one of the windows by. taking a few tinned tacks fromjrsquare of glass. I hare not transferred any portion of the insurance, nor have I been negotiating with anyone, Mr A. R. Bunny, of Masterton holds my policy; he got the money for me, and I believe holds the poliey still; he may hold it for, Mr Gray. By the foreman: I'sleep down stairs. There was a fire on the Thursday morning when my wife went away, f'did not have a light to go to bed. I went to my son's with some boots that evening; I did not hate any tea. I went the remains of the fire on Sunday with Mr Waldin's son, The police were there at the same time, and some others. Waldin's son pointed out that all the keys were in the locks but the-back door key, and that was alongside the look; I put it on the verandah' wall opiate; when the walls dropped in from the fire it could not have fallen so far; the verandah was 4ft. 6in. away.' I foel sure the key was not where I left it. The remains of a doublebarrel gun was found in the ashes by some of the party ; I.never had Buch a thing, nor had one keeping for any one else. That gun was,'not in the house when I left; nor did it belong 1 to anyone in the house. . I did not eipeot any visitors to go rabbit shooting. My ion did know I was going to town; I was not expeoting him;-'-"I recognise that as the part of the gun picked up; I don't know who it belongs to; I never owned one like it, nor did anyone .belonging, to me to my knowledge. My"so"n had a double barrel gun; I don't know if he had got rid of it; don't know, the make of his gun j it might be his j my son was aware where the key was kept!" "D. McLachlan was at the fire on Sunday morning. I did not receive any notice of the fire when I was in Wellington. - D. MoLachlan, re-called, stated that ho did go to the fire with the policeman on Sunday naming, as he had promised to meet him on the Saturday. Patrick Shesrin, farmer, Taratahi East, deposed, that he lived two miles from Driscoll's house in a direct line; heard of his house being burnt down about 12 on Saturday; saw its remains on Sunday. He picked up, in company with John Driscoll, a double-barrel gun ; he could not recognise the one produced as the one he saw then; the one he saw was in perfect order, and he remarked it could have a new stock put in ; shewed it to John Driscoll, who said it . belonged to him ; Driscoll, sen. was not -present. John Driscoll said the stock of the gun was broken and he had left it there until he got a new stock in. Witness could not recognise the portions now shown to him as the giro he picked up ; if that was the same'gun, both the barrels had been broken since. He thought the gun must have been in the lean-to next to the house. Mr Allen told him of the fire, and he told Driscoll, jun of it. He saw him out with Yule on Wednesday night. Driscoll eould reach his father's house on foot without going by the main road, The question of viewing the remains of the fire was negatived. , , A. Fisk deposed—As agent for the Colonial Insurance Company I visited the house 'burnt down and scrutinised the whole premises. I saw a double barrel gun in the ashed, complete' in' every respect except the stock, which was burnt. Cannot say ..whether this is the same gun —if «o, it has been' broken up. I believe I was the fiut to disturb the gun. It was still warm; I thought it could be repaired by the addition of a new,stock. ,I looked at the nipples especially; ihey were slightly burnt. The policy is made in Mr J. Driscoll's name, and stands so. in my bpoks. When I insured it I was under the impression that I h&d insured ' the whole block. His policy came to me' Driscoll raised a loan. Mr Bunny called to see the policy and made an endorsement to Mr F. Gray, which Driscoll signed in my presence. I was not aware that Mr Driscoll had 1 effected an extra risk on the building until I heard him say so in his evidence. The buildings were not separated by ten feet—only by a narrow passage. The risk is described as a seven-roomed 'dwelling in his proposal. Driscoll assured me since the fire that there was no other risk on the building excepting that taken by'me the Colonial office. I did not know until this morning that he had insured with another office, Driscoll understood that I had insured the.whsle, block, Driscoll and I had a conversation some time ago, arid I gave, him to' understand that the policy with me included the lean-to. At this stage the examination was adjourned till 6 p,m, for the production of John Driscoll, junior, to give evidence,' and a constable was sent for him

Mr Fiak, recalled:; Oriscoll informed me that he had insured the bam for £SO, and the furniture of the dwelling for £SO. I asked him to be particular, as I wanted to send a reply to town. Drisooll than assured me that no other insurance was on the building other. than that I had taken, and I,telegraphed accordingly. I since heard Drisooll say that he had. insured the building for £SO in the N.Z, Insurance Company, and was surprised. John.Driscoll deposed that he went to the remains of the fire on Sunday, 11th, in company with Mr P. Sheerin and one of Mr Pike's boyi, add saw Sheerin- pick up the double barrels of a gun. I noticed one of the barrels was bulged in at the top, and one of the nipptos were broken off, One of ; the .barrels was broken very nearly in two, about half-way down. I recognise' the broken barrels now produced as the remains of my old-broken gun. My father was aware about two jeara ago that I had such a gun, It was, I believe, underneath the outbuilding. My father might not have known where it was. I believe my father broke the (took of the gun about two'and a half years ago. I did'not see him do it, but saw it afterwards; Igot the gun from Mr Lister ; Kaye. ,il should say that.if.anyone said the nipples were in good order that they were teUing'an untruth. VrbelieTe the barrels were 'apart from one another when found, but the connecting piece wu not away;' I noticed that they were-in two single bareels.' 'lf SKeerin and Fiik lay the barrels were worth repairing they •tat* what ii not true. I had dinnir at

my. father's house:»»" Wedneaday, before the fire. If my father says I was, nut there for three weeks before tho fire he suys what is not true.. He did not tell ine when there on Wednesday that'he was going'to Wellington. I knew where to find the key if my-people were from home. Don't think where the key was. Did not know ray .father was in money difficulties." The key was kept on the wall-plate of the verandah. No one but our'family knew the -key—wasrkeptrthere.~--Wasr-npt-at ; .my father's on Friday, /1 swear that no one told me my father was likely to be put to inconvenience through money matturs. -Remember~my"fath6r-inßuring-iu-Mr-Fisk's office, and afterwards in another office, in consequence of our having lost some stacks which were uninsured, when ha. said he would in.Bure everything. I 'was there the day Mr Fairbrother insured .the outbuildings, F knew, of my father's property being mortgaged to' Gray, but did not know his policy was in Gray's hands. I thought he had mnrt'jjaged .for a term, but did not think the term was nearly expired, When Sheerin showed me the gun I believe he dropped it down in the same place he picked it up. :It is possible that from the time Mr Fisk saw the 'barrels''in the mornii.g till I aaw them in the middle of the.day.that someone might have inflicted .some 'dainige on them, but the barrels which Sheerin showed me were not fit for repair for the past two years.

P, Sheerin, recalled; When I picked up the barrels on Sunday morning I thought that a stock could be put .to them, and told Driscoll so, The barrels'were in good order and were not broken.; I saw the barrels last Sunday week,.and they were all appearances in good order. I did not examine the barrels sufficiently to swear that they were really worth a new stock. ■ I■' Constable Evans deposed that Mr Driscoll gave him the barrels at his house on Sunday, 18th, and said he knew nothing of the gun, nor never had one in his possession, -1. i..., In reply to Mr Fisk, the constable said that he did not know of anything likely to throw any light on the origin of the fire. _ James,Driscoll, recalled, stated that if his non was at the house on the Wednesday before the fire lie had forgotten it. He believed he had sworn that his son not at the house for three weeks before the fire. The corouer summed up at considerable length, and the jury returned the following verdict— That the fire was the work of an. iucendiaryj but that there was no evidence to'" prove to the jury who the incendiary was.