THE LATE FIRES.

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 644, 15 September 1882, Page 2

THE LATE FIRES.

The enquiry into the late fi.o at the Somerset Hotel was held at the County Council Chambers, Head of the Bay, oi: Wednesday, before J. Aylmer, Esq., Coroner. Mr Joseph Samuel Welsh was chosen foreman of the jury. D.-tective fuohy conducted the enquiry, and Sergeant Wilds and Detective Connor were ah.o present.

The folio .vine evidence was taken :—

Waiter Foster, sworn, said: I am a clerk in Miles & Co.'s employ. That firm are agents for M' 1 R. H. Rhodes. I produce a policy of insurance tec £1000 in the Union Insurance Company's office. The po icy is dated 18th January, 1879, and it is taken out in favor of Win. Montgomery and B. Shadbolt. The property named is described as the Somerset Ilotei, lit!ad of the Bay. On the Ist December, *830, this policy was transferred to Rob-'t He a ton Rhodes, as mortg igee, by W. Montgomery and li. Shadbolt, and the policy is now in Mr Rhodes' favor. I also produce receipt for premium for the present year on the same policy. It expires on the 31st of January, 18:i3. The money would be paid to Root. Heaton Rhodes, if paid at all. by the insurance company, and held by him till the mortgage L paid off. Tne mortgagee could enforce the erection of a

.-milding to the full amount. The money could nol he taki-n to rediico the mortgage except hy laulu.-d arrangement,

Thomas Brooks, sworn, said : I ran a farmer residing at Barry's Pass at the house known as the Mill Top. I was lately licensee of the Somerset Hotel. I was last in lbo hotel on the Saturday before the tire, the 20th of August list, between 4 and o p.m. I had the hotel all 1 swept out clean, ho that it would stand inspection. There ..,:.:i no paper or straw about. Tho bahuing was quite empty

except a clothes box that was there when [ took tlie place. That box was in the private sitting room upstairs. There were some papers, a revolver, and a few other thingsinit. Robert Close was with me when I left the house. He was aware the box was left behind. There was a little cocksfoot grass on the verandah under my sitting room window, on the north side of tlie house. There was about a small bundle, perhaps 7or 81bs. I brought some down to pack my goods in, and there was a little left behind. I occupied the hotel about live year*. I bought Barker's interest in the hotel from the trustees in the estate. Tho lease had between live and h'x years to run when I bought it. The lease will expire on the Ist of next May. The rent I was p lying for tho first three years win ,£ 150 a year, and for '.he rest of the lime £250 a year. According to the terms of my lease I ha 1 to insure for ,£SOO and Mr Shidbolt had to insure for £500. I insured for £500 in the London and Liverpool and Globe in favor of myself. Tlie lease says [ shall insure in favor of Mr Slndbolt, but I insured in my own name. I kept tlie premium paid up till the last time, when I did not pay it. Tlie policy expired on the 12th of July last. I brieve I received an account from Mrs Shad olfc that the premium paid. At tlie time of the lire tlie Somerset Hotel was ii siirediu my favor for £500. I have made a claim on the Insurance office for that amount. According to the terms of my lease, it' f allowed the license to lapse the landlord could tnke possession. I did allow the license to lapse, through a little difference with the Licensing Committee. The license was granted on condition I made certain repairs within three months, and I did not take it up. I was ordered to put a gate to admit the publio on the verandah unde r my private windows. Unless they took possession of the house after I left I should have to pcy tha rent for the rein lining ten months of my term. My lease says that I shiU leave the hou ;e in proper repair. Ido not think it would have taken more than £50 to put the house in thorough repair according to the terms of my lease. The house was, I believe, about 60ft long by 26 or 28ft wide. There were 13 rooms upstairs and 6 downstairs. There was a detached kitchen pantry and bedroom, and a large storeroom. There were 23 rooms altogether. I produce the policy of insurance for £530 in the London and Liverpool and Globe, taken out in my name in 1878 ; aud also the account from Mrs Shadbolt for the last premium of the insurance which she had paid, The sum charged is £13 15s. The building was wood with iron roof. On Monday, the 28th of August, I spent tne day in mustering cattle, and taking them over to the Okute Valley. My son Edward, and Henry Backhand, "Wm. MuDermid, and Wm. Sharp were with me from ten iv the morning till six in the evening. I was not at the Head of the Biy (Duvauchelle's) that day at all. From G p.m. on the 28th to 6 a.m. on the 29th I never left my house on the Hill Top % H. Briekland, Wm. McDermid, John Barrett, and Alexander Gr diam were staying in the house with me that night. We ware playing cards till five minutes past one, ;.nd went to bed about two o'clock. I showed the lodgers their beds, and then went to bed myself. The lodgers were upstairs, and 1 slept down below. I knew the time, because I looked at the watch when we broke up. as I was tired after going after tne caiile, and wanted to get to bed. They wihed to stop up all night, but I would not let them. I in iy have told Burrett it was half-past eleven, but I am sure I told them all the time when we left off card*. Barrett would not he speaking the trulh if he says I told him it was half-past eleven when we stopped playing cards. Wo bjgan to play cards nine o'clock. Before tea I was settling with the men for the work we had done. We could dot have begun beforo 9 p.m. We played a great many games, for we had eight drinks apiece to come in next morning, and we had plenty of drinks and a bottle of ale when we went to bod. I will not swear we played moiM than ten games. Only my own family slept downstairs that night. My boy Edward was absent. I lelt him over at Okute Valley that night. The nearest road from the Hill Top to the Somerset Ilotei is about 4Amiles. There were no horses iv th.; stable that night; they were in a bush paddock about six or seven chain-s from the house. It would take about an hour to walk from ihe Hill Top to the Somerset. It would have cost me nothing to make tho alterations required by the Licensing Bench. In cons-quince of my not taking out tin license, Mrs Siiadnolt sued me for the possession of the house and £250 mesne profits. They afterwards sued me for £1000 damages. This was ahout a mon h before the fire. The actions are still pending. The men Barrett, McDermid, and Graham have been working for me. Mc Donuid is still iv my employ on contract work. I am sure that from six in the evening of the 28th till eleven o'clock in the forenoon of the 29th I never went away iVom the house. I w.i j ju-t out.ide of the house for a few minutes on the night of the 28th, about e'oven o'clock. 1 got un about seven o'clock on the inoruiiif>of the 29th, and Barrett, McDormid, Urickfland, -V)d (Jraham were still in the house. Tho f roi.t door of the house was not locked that night, but only bolted, as I could net find the key. One of the men (Barrett, I think) gave me tlie key in the morning, saying lie had found it on the door-mat, inside the door, i had a light when i bolted the door. I expect to get no benefit from the burning of the Somerset Hotel. [ did not know, till Mr fun! int'ormad me, that the policy was in my name. It is plain enough on tho policy, out I never gave il a thought. The money would have to go to rebuild the home, and as io repairs, the house was in such repair that I should have liked it not burnt. I valued the house at £1000. iiobert Mayne, th.- coach driver, was tho first person who told me of the fire, about ten on the morning of the 29th. I juover remem'- ;r missing the key before that night. The bolt could be drawn e.siiy, but it would have made just about the same noise to draw the bolt ;is to turn the key. When I left the Somerset Hotel the windows were aU fattend and the doors locked.

By Jury : Brickland, the licensee, went to bod about 10 p.m. on the 28th. The men who were playing euchre with me that night were sober enough to tell what time it was. I took particular care to clean up tii ■ iiouae, beoaiiie I knew an action was pending. The policy is on the buildings alone, including ihe detached building.

By Coroner: When I was going away I missed seeing the hay on the verandah. There would have been a quarter's rent

due on the Ist September. Tho sale of the things was in the beginning of August.

Elizibeth Shadbolt, sworn, said : I am owner of tbe Somerset Hotel. I remember the morning of the 29fh August last, the date of the fire. I was at Mr Piper's the previous day, and went into Mr Barwick's on my road horn \ I got home at 11.30 p.m. My daughters, Mary, Harriet and Laura, were with me. It was about 12 o'clock when I went to bul. I was rather restless from 12 to 2. I generally am a light sleeper. I noticed a light about 2 a.m. I got up, lifted the blind, and then calh-d out the place was on fire. I did not know the hotel was on fire til! after. I went to the fire with my boys, Betijimin and Alfred. They rin on before me. Wtien I first saw the fire the verandah was fallen on tlie Akaroa side, and the ilimes coining out of the main building. The noise of the verandah falling probably awoke me. I went into Mr Lee's when I went down to get soma clothes. I never went into the hotel whilst Mr Brooks had it. Nobody could have saved the hotel when I saw it. It wou d take 5 minutes to walk from my house to the Hotel. The buildings are of wood, with iron roof. There were 13 rooms upstairs, hut I do not know the exact number on the ground floor. Ido not know tha exact sum the buildings cost, but t know the labor alone cost owr £500. My sous were 011I3" partly dressed when they went lo the fire. leannot account f->r the fire in any way. Mr T. Brooks occupied the hotel ten months after it was built. He occupied the hotel till August 2iith. I was not sure the hotel was insured. I was not aware the hotel was insured for any large amount. On reflection I remember that I knew the hotel was insured for £1500 before the fire oecured. I have 11 faint recollection of authorizing Mrs Bryant to write to MiBrooks regarding his not taking up the insu-ance. I have no idea of the state of the Somerset Hotel when Brooks left. [ received Mr Brooks rent regularly till lately. He owes about a month and a half's rent. I have brought an action against Mr Brooks for allowing the license to lapse. I think the action is for £1000, and there is another action also pending. These actions were commerced before the lire. I think the mortgage on the property is £6000. There are about 900 acres of land. Brooks came to me aft r the licensing: uieetin<s, and I haiJ a conversation .vith hiinreg rding the house. He asked nieif I knew what the Licensing Committee had done, and I said no. He told me they wanted him to put a gate in the verandah fence, and I said that rather than any bother should occur about the license I would pay him for any repairs done. He then said he did not intend to take out the license. My sous never visited the hotel, to my knowledge. The boys sleep upstairs.

By Jury: The window I saw the fire through faces the hotel. It was full moon on the night of the fire. Ido not recollect any one telling me I ought not to leave the house empty. Mr Barker was at my house that day. The fittings of the hotel belong to me. They were sold by Mr Brooks with the furniture. The furniture was not mine.

Benjamin Shadbolt, sworn, said : I am a son of Mrs Shadbolt of Duvauchelle's Bay. I remember the morning of August 29. I weni about 8.30 p.m to meet my mother, who was vidting at Mr Piper's. [ met one of my sisters and re!urn. d with her about nine o'clock. Afte: going home about ten o'clock, I met Charles and Louisa Evcrelt and Annie Mundy. I walked with them to the top of the hid, a quarter of a mile beyond the hotel, towards Barry's B \y. Ido not remember Everett offering to bet ill, when he passed the hotel, that it would be burnt down soon. I did not go to Barry's Biy that night. I went to bed about aqu irt-r to twelve. I sleep upstairs. One of my younger brothers and a little boy of B irker's slept in the room with me. Alfred and Albeit slept in the adjoining room. When I got home at 10.80 p.m. my brother Alfred was in bed. I did not leave the house again tiil I was called to the fire. I did not go to a dance or see R. Birdling or J, Castle I was not at Everett's house that night. 1 know Annie Mundy. I did not see her the night after the fire. I was told :>f the fire by my mother or one of my s-istei s. I was only partly dressed when I ran to the fire. The side of the hotel on the Little River road was then all on fire. I always thought ihe building was insured, but did not know for how much.

By jury : There was no one at the lire when I got there. I w.i j not iv bed wh-ci my mother c line home, but went to bed before her

Elizabeth Annie Mundy. sworn, said : I am in the employ of Mr Knox of Pigeon Bay. I remember the fire. I was at Mr Everett's that night. Mr It. Bi dling, Alfred Shadbolt, Albert .Shadbolt, C. Everett, Louisa Everett, anil Jonathan Everett were there. C. Everett and B Shadbolt and Susan Everett went as far as the top of the hill with me, and as we passei tho hotel Ben Shadbolt sdd, -'It would bo a shame if that hotel were burnt down." I did not hear a bet made botweon Shadbolt and Everett about th" hotel being burnt. I did not toll my sister Susan what time I came heme.

Charles Everett, a laborer, sworn, said: I renumber the night of tho tire. There were several visitor.-! at our house that night. It was about twenty miautes to a-.i o'clock when the visitors left my father's house. Birdling- and Cistle left before the rest. I did not see them agar.: > 7at night. I looked at my watch when I went out, but mentioned the time to no one. As Shadbolt and my*"!!:' were passing the hotel he said it was ;>. pity il should be left; like tint, without any one tc take care of it. I do not remember having any conversation ab;ul the house being burnt down that night, or in any hou.io in the neighborhood within a week after the lire. I did not hear it said that two young SuadboUs went to tho hotel that night and kicked the straw, to see there was no lira ia it. I did not hear ihut Mrs Shadboit walk-d as far as the betel on the night o; \Ue fire, after coming from Mr Piper's. I last passed the hotel before the fire between 10 and 10.30 p.m. that night. I went home after, and to bed, aud knew nothing about it till next morning, i heard my cousin knocking at the door in tne night, but did not know what he wanted. I did not notice tho cocksfoot straw on the verandah.

Alfred Shadbolt. sworn, said : I live with my mother in Duvauchelle's Bay. On the night of the fire I went to bed about ten o'clock. I was at Mr I'Jverett's, and left about half-past nine. I will not swear that I did not tell any person that my brother B>'."j.-miu and myself were at the iiotei at twelve o'clock on the night of tho fire, and kicked the cocksfoot straw

to see if it was alight. I was not at the hotel that night, i returned from Barry's Bay on Sunday night late at night. Idi I not say at twelve o'clock. My brother Ben called me to the fire, and I went to the fire partly dressed. I never heard the hotel was insured. My brother and I were the first at tho fire. I cannot say who came next.

By jury: I did not notice much strasv about the hotel.

Beilby Birker, coach driver for Mr Lee. sworn, said :..I remember the fire. I wis the first there after the Snadbolts. When I first saw it. it was on fire on the inside ;>f the roof facing Mr Lee's. Tlie other side was blazing. Ido not know if the verandah hart fallen in then. I do not know who was last at tho hotel. I sleep alone. 1 went to bed about ten p.m. that nLht. I can thiown no light at all on the origin of the are.

liy jury : When I first suv the Shadbolts tbey were trying to save some things out of the building.

James D tly, sworn, said : I am agent for the London and Liverpool and Globe Insurance Company at Akaroa. The Somerset Hotel was insured in our office for £500, in the name of Thos. Brooks, the late licensee. It is still in force in favor of Mr Brooks. T cannot say to a certainty if he knew it was insured in his name. I peisonally informed Mr Brooks about a fortnight before the fire that the policy had been renewed. If the money is paid it will be paid to Mr Brooks. We do not recognize anyone but Mr Brooks. He has sent in a claim for the amount.

By Jury : There was no condition to the policy.

By Coroner: Brooks filled up a form in the usual manner. He valued the buildings at £1000,

Tnis concluded the evidence, and the jury, after a short retirement, returned the following verdict: —" That the said Somerset Hotel, Duvauchelle's Bay, was burnt on August 29th, 1882, and that no evidence of the origin of tho said fire doth appear to the said jury."