POLICE COURT.

Wanganui Herald, Volume XXV, Issue 7403, 2 May 1891, Page 2

POLICE COURT.

ALLEGED INCENDIARISM.

The Prisoner Conrmittea for Trial.

Fbiday, Mat Ist. (Before H. W. Brabant, Esq., 8.M.) Immediately after Mr Brabant's arrival from Palmeraton yesterday afternoon the above caso was proceeded with. The first witness called was Arthur Gnesbach, who, on oath, saia -" I am an artist residing in Wanganni. I remember Saturday, the 18th of last month (April). I saw prisoner that morning and had a conversation with him. At first I saw him in | a loose box attending to a horse. • I know he horse and went in to have a look at him. I remarked that the horse was looking big. So (prisoner) said that he gets no work. He said> " I see the temperance party got in at the licensing election, and that there would be a few ' pubs ■ burnt before they sat." Then he said "A lot of people use a lot of kerosene in burning a house, but that ho (prisoner) did not believe in the kerosene business. Nothing would be easier for him than to burn this house down, and that he could make a good job of it." That was all the conversation. Prisoner did not cross-examine. Constable Orozier said— l am a police constable stationed at Wanganui, I w»i on duty on the morning of the 19th last (April) month, the night of tho fire. A htde while after my arrival on the soeneof the fire I saw the prisoner in the book raid. From what I had heard I stopped prisoner and spoke to him there. He jaid " What do you want with me ?" Knowing that he worked at the hotel, I said, " I want you to toll me what you know of the origin of that ?.'!« (P° mtin g t0 to" hotel). He said, All I know is that I was aroused by ths bell." I then said, " Were you not along that street (pointing to Ridgway -street, from which ho h*d just come before the boll rang). He said, "No, I was awoke by the bell. Just previous to this (pointing to the back part of the hotel) he said, " the kitohon is defooliva; there is where it commenced." He said after he was awakened by the boll he mot Mrs laird in the passage, who said, "Is the boy all right ?" He said the boy is all right; they are all all right (waving his hands about). By tho Prisoner— l thought »t the time that you wero under the influence of liquor then. Tho conversation ' not in the guard room of polico station. I did not go with you thwe you want A two other constables. 1 gwoar that I did nofe see you till the Sunday during tfie day. ily the Bench— l was at tl«) fire ten minutes after the bell rang. I would be in the back yard of the Hotel in aßoat fifteen minutes after the bell rang. Constable Maekle— l am a poiice constable stationed at Wanganui. 1 was on duty on the night of the 18th of tost month doing night duty. I saw the prisoner on Sunday morning (12.30 a.m.) Hs eanio along Bidgway-Btreet towards the Bstland Hotel from the direotion of the Courthouse. I Baw bim at the Rutland Hotel dooi leaning against one of the pillars of thY- bar door. He stood there for a minute oV-j* might be two minuteß, when three youngs, men came across from the Post Office to where he was standing. These wero the three young men who gave evidence— Connery, Mahoney and Carroll. He (prisoner) dtood talking to them. I heard Connery say something to him about " Jack the Hipper." He (prisoner! commenced to gat cross with them and gaid in a lond tone of voice, what the h. has that got to do with you. I went across then and spoke to these young men. I aaid this man was quiet bofore you came up here and you had better go on .and leave him alone. They went along Bidgway-street towards the Courthouse. When they (the three young men) went away, I asked prisoner what he was doing out this time of the morning without his boots on. He gave no reply to my question about his boots, but eaid he wanted to take particular notice of the time. He put his hand up to his eye to look afc the clock and said " what time is it Constable ?" I looked at the clock then and told Mm it was twenty-five (25) minutes to one and that it was time for him to be home. He went away then in the direction from which he had come. I stood there for about five minutes and then w«nt on my rounds along the Quay, up Wick« eteed Place. When I got in view of Campbell Place I saw a glare of lire in one of tho windows of the B&mple toonw of the Commercial Hotel. At first look I thongb.fi it was gas, but on looking again I thought I could see smoke. This might have been ten or it might have been eight or seven minutes to one, It might have been later however, for I had walked along Bidgwaystreet to Kixon-street, down Ifixon-efcreet to theQuay.along.theQuaytoWioksfceedPlaoe and t up j Wicksteed Place as far as the Occidental Hotel, and I had only walked slowly. I ran towards the fire, got thew justaa the two - girls came down in their night dresses and opened tbe Campbell Place door of the hotel. I asked them if there was anybody else up« stairs and they said there are a let of people upstairs. I then ran upstairs and cried out "fire" and knocked at some of the doors. Two women came out of the room then and asked me to help them out with a sick boy. I went into the room where the boy was lying in bed crying. I got him up in my arms out of the bed atd one of the women put a shawl around his shoulders and I carried him downstairs across to the Wanganui Hotel (across the street) and left him outside with two of the servants. I wont back again to see if the people wete all out. They had all gotdownstairs then. The fire was coming very fast along the passages upstairs. Constable Browne, another man, and the prisoner, were at the bottom of the stuirs. I went them to see how the fire had originated. It seemed to hare originated in No 3 sample room it being most burnt. Ifrom something I heawl I watched the prisoner. I went with the prisoner and Constable Browne to the station. Constable Browne asked prisoner at the station what time he went to bed* He said he went to bed at about hslf-past ton. After a pause Constable Browne asked him the same question again, and prisoner answered about half-pa stelepen or a quarter to 12. Browne asked him re. peatedlj the same question and prisoner always gave the same answer and that he wag sound asleep, but the fire-bell woke him up. He repeated this last several times. By the Prisoner.— lt was a moonlight night when I saw you. Ton seemed excited, and strange in your manner. By that light I saw your socks, they appeared to be of a greywh colour. I swear you had not any slippers on. I think it was sus« pioious you going about in your locks. I had no charge to arrest you on, Mrs Laird and yon did not go up the stairs after I came back a second time.

James Uliseus Brown, constabl«,»tfttionod at Wauganui, sworn and said :— I was on duty on the morning of the 19th and 18th of April last on tho night of the 18th I saw prisoner at Sleveneon'a cornee in JRidg* way Street, I spoke to Mm for about twenty minutes, at about(half past eleven. He had a bottle of colonial beer with him, and seemed about half drunk. He had either boots or slippers on at the time, I could toll that, by the clatter on the pavement, prior to my seeing him. I then left him and was next alarmed by tho fire-bell at about seven minutes past one. I went along Wickateed Place, and saw a glare in the direotion of Campbell Place. When I got in to Campbell Place, I saw that it was at the Commercial Hotel, and flames were issuing from the near side windows of the sample rooms. I rushed inside the building, and asked if all were out. I reoeiyed a reply ia the affirmative at the same time, I noticed the accused at the foot of the stairs. He seemed excited, and hurrying about to and fro, lat once kept him under surveillance, and he then came outside tho building and gazed at the firo for |a few moments. Constable Macile and I then followed the accused {round the Albion Hotel corner. He atarted to run at tha corner and darted through Mrs Nelson's house, where his ohildren are, right through. I then want to acquaint Sergeant-Major Anderson of the fact', and next; saw him talking to Constable Crozior near the Albion Hotol. Sergeant Major Anderson then csme along, and we asked him to t come to the station. 1 asked him if ha had heard the fire bell, his reply was I heard the fire bell, and when I woke ud I saw the glare I asked him what time he went to bed, he replied I went to bed at 11,15, as far us I can guage it. He then eaid it must hare been spontaneous combustion. I asked him if he was in Lairds employ still, and he said " I am in his employ at the prscnt time. lam very glad, every body is saved. I told the girla many and many a time, there might be a fire in the house, and I told them where to clear to," So then eaid, ' it seems to rest on me, he'oause I was after hours. I extinguished all the tights, about ten or a quarter to ton, in, tjjj

rear of the establishment I went to bed about a quarter to twelve, or half-paßt eleven. The firewhon I woke up, seemed to bo comingup from the ground floor. I again asked him when he went to bed, and he said at half-past eleven or a quarter to twelve. He »aid the first indication I had of the fire, was the bell. I jumped out in my BtockiDged feet. Sergt. Major Anderson came in tothe station during the finish of the conversation, and the Sergeant-Major then told him that he would have to detain him on a charge of setting fire to the building, and the accused making no reply, he was then locked up. Cross-examined by accused. — 1 moan tho j^e was coming out of Nos. 2 and 3 sample '.ad No 3 had a terrifllc hold. I did not notice it coming out of the window nearest to the door. You were in your atookinged feet when arrested, and I think they were grey socks. You rußhed through Mrg Neileon's house as hard as you could go. lam aware that by going through Mrs Neilson's house j r ou could get to Laird's Btables. I found a man sleeping there once in the day time. I am sure you did not . tell me the man was walking übout with a lighted match in his hand. By His Worship.— l should «ay the accused hadliqour in him that night, and was Tery eccentric. I saw him empty a bottle of beer at Stevenson's corner. He drank it right off. Sergeant-Major Anderson gave evidence oncerning the facts leading up to the detention and subsequent arrest of the accused, and the case for the prosecution having oloied, the Court adjourned and resumed at 10.30 this morning, when the prisoner was asked in the usual way whether he had anything to say and replied "I beg, eir, to reserve my defence." He was then committed to take hia trial at the next sitting of the Supreme Court (October 6th).