EXPLOSION AND FIRE.

Auckland Star, Volume LIX, Issue 223, 20 September 1928, Page 9

EXPLOSION AND FIRE.

SENSATIONAL EVIDENCE.

ARSON AND CONSPIRACY

CHARGES.

TRIO BEFORE POLICE COURT.

The Police Court this morning looked more like a grocer's shop than anything else. There were ten cases containing groceries, a large basket in which eigarettes and tobacco were stored, quite a number of bags of sugar and flour, and even a couple of brooms. The goods were stacked near the magistrate's bench. To make the long room look more like a grocery, there was a grocer in the dock, and as if to give a police atmosphere the grocer was kept company by another man, who, until a few •lays ago, when he was dismissed from the force, was a policeman. There were plenty of "customers" present also. The grocer was Thomas Francis Carroll (29) and the ex-policeman was Sydney Francis Waters (33), formerly caterer to the police mess at headquarters harracks. James Tate (33), a taxi driver, completed the trio, and each was charged with wilfully setting fire, on August 29, to a shop and dwelling, valued at £975, the property of the estate of the late John Thomas Irwin and situated at the corner of Napier and Sheridan Streets. The three accused were further charged with conspiring by deceit to defraud the British Traders' Insurance Companj', Ltd., of £600. Chief Detective Hammond prosecuted, Mr. J. J. Sullivan appeared for Carroll, Mr. Allan Moody for Waters, whose injured left arm was still in a sling, and Mr. R. A. Singer for Tate. Chief Detective Hammond stated that a few days ago Waters was discharged from the police force. Carroll's Failing Business. James Irwin, retired, residing at Remuera, said he was the trustee of the premises which he formerly occupied as a grocer. He knew Carroll and sold his business to him in October, 1927, for £664 for stock fittings and goodwill. The premises consisted of a shop, four rooms and conveniences. There was also an outside storeroom. When Carroll took over the premises Mrs. Quinlan occupied the dwelling portion. It was sub-let by Carroll. The stock, fittings and plant were insured in the British Traders' Office for £600. The building was insured for a similar sum in the same office. On the morning of August 29 the premises were totally destroyed by fire. On Saturday, August 25, Mrs. Quinlan was moving out at Carroll's request. Carroll told witness he wanted the rooms for himself. Some time age Carroll sold the business to a man named Thompson, but the sale was not completed and Carroll took over the shop again about six weeks prior to the fire. After Carroll bought the shop from witness business went down rapidly. Debris Examined. The original proposal for an insurance of £600 on stock and fittings of Carroll's shop wag produced by Frank S. E. Battley, public accountant, who acted as fire assessor. The date of the proposal was October 13, 1927. After the fire he saw Carroll, who forwarded proot of loss and a claim for £394 16/1. A sworn declaration was made by Carrol] in connection with the proof of loss. Witness made an examination of the debris. The stock did not appear tc represent that which was stated in the stock sheets. Three Men in Motor Car. William Maurice Crimmins, a labourer of Victoria Street West, at present out of work, was the next witness. Or Tuesday night, August 28, he was neai Carroll's shop. While standing on th« corner of Napier and'Hepburn Streets h« saw a big Chandler car stop outside the shop. Three men got out of the car and went in the side entrance to the shop, Then he heard a crash of glass and the threo men walked out again. One man went back to the car and sat in the front seat while the other two returned to the side entrance. Later they carried out some boxes and placed these in the motoi car. When fully loaded the car was driven off up Hepburn Street about 8.30 About 9.30 p.m. the car returned and twe men went into the shop. Witness left at 10 o'clock when the men were still ir the shop. In passing the shop witness heard one of the men say: "Leave thai there, I'll be shifting in to-morrow." After the Explosion. William W. Anderson, a baker an<J pastrycook, whose shop was right op poslte Carroll's shop, said that at 2.10 or the morning of August 29 he was awak> cned by the breaking of glass following a loud report. He looked out of the window and saw flames issuing fron Carroll's shop. He watched the fire foi about three minutes, and during thai time the roof collapsed. Glass was scattered right across the street. Mrs. Sylvia Quintal, of 8, Napiei Street, who was returning from a dance when she heard the explosion in Carroll's shop, said she saw three men running ur Napier Street immediately afterwards. Similar evidence was given by anothei young woman, while Mrs. Sarah Elizabeth Ryar., who lives at 82, Hepburn Street, said that after the explosion she looked out of her bedroom window and saw a motor car outside. Three men ran up quickly and entered the car, afterwards driving off in a hurry. The car had no lights. ACCUSED MEN'S MOVEMENTS. SENSATIONAL EVD3ENCE.

A Tailway employee, Raymond John ] Murphy, whose wife is a sister of the | accused Waters, said that Waters and Tate were at his house at 8.40 p.m. on Tuesday, August 28. Tate's taxi, a large black car, was outside. Witness did not know what their business was. Waters and Tate went away about 10 o'clock and returned, about 11 o'clock, with several cases nf groceries. Waters nnd Tate carried these boxes into witness' house. He asked Waters where t lie groceries came from. He replied that the stuff was his. About 11.15 both Tate and Waters left the house, but came back again after 12 o'clock. They finally left the house at about 1.15 a.m. At that time Waters had suffered no injury to his left arm. Witness next saw Waters two days later in the hospital, where he was being treated for severe arm injuries. All the goods produced in court were taken to his house by Water* mid Tate. Carroll took no part in tVs. When Waters was discharged f:ori boppital he came to witness' house and said that he had sustained his injuries by falling „ down. Witness spoke to Waters about the fir«

at Carroll's shop. Two days after the fire Carroll came to see witness and asked what Waters was going to do with the groceries. Witness asked Carroll if the goods came from his shop. He replied that they did. Witness then told Carroll that he wished Waters would take them away. Carroll said that the groceries belonged to Waters. Several days later Carroll called at witness' house to see Waters, but he was absent. Subsequently all the goods were recovered by the police from witness' house. Waters was there at the time the police called. Waters at the Hospital. The next witness was Lucy Anderson, junior sister at the Auckland Hospital, who was on duty when Waters was brought in with an injury to his arm about 2.30 a.m. on August 29. Ho was suffering from a badly-lacerated left forearm and was admitted ag a patient. An operation was performed the following morning. It was Tate who brought Watens to the hospital in a motor car. She asked how Waters met with his injuries, but Tate said he knew nothing. Tate gave witness to understand that he picked Waters up on the roadside. A grocer's assistant, Albert Vincent Page, who was employed at Carroll's shop, said he left the shop the night prior to the explosion and fire at 5.30 p.m. Mr. and Mrs. Carroll- were there when he left. Witness, who lives a .few doors away from the shop, heard of the fire at 2.15 a;m. and after going to the shop, went to Carroll's residence in Anglesea Street at 3.45 a.m. Carroll appeared in his pyjamas and when told of the fire he said, "No, it is not true." On Monday, August 27, Tate called at the fthnp in his motor car. Carroll and Murphy came out of the shop with some bags of flour and sugar. Evidence was then given by DetectiveSergeant Doyle, who said that in company with other detectives he executed a search warrant at 100, Park Road, on September 13, at the house of Raymond John Murphy, Waters' brother-in-law. Waters came in and when told of the warrant to search for groceries, Waters said, "Oh, is that it? Well, I'll say nothing." Waters was then sent to the office of the Inspector of Police. When seen and told of the allegations made against him, Tate said he did not know either Witters or Carroll. At this stage the luncheon adjournment was taken. (Proceeding.)