MILL ROAD FIRE.

Gisborne Times, Volume XXIII, Issue 1905, 15 October 1906, Page 3

MILL ROAD FIRE.

VERDICT OF INCENDIARISM. The enquiry into tho Mill road firo wae rosumod on Saturday morning. Tho following is n continuation of tho ovidence from Saturday's itsuo John Sheridnu, district manager of tho Australian Alliance Assurance Company, deposed; I remembtr going to Mr Johnstone’s place on she 31 t August, ficcompanial by D-irctivo Maddorn; whoa I arrived tho debris had not been disturb.il in r.uy way ; tho hen was removed by us I

from tho ashes, and we commenced an exhaustive ex-an n ition, l isting from I.J to 3 hours, and took a list of everything wo found on the actual site ; v c measured tbo ground on ivhioh tbe house apparently nto'd, and it was 16 by 21; ihe house oui- srd of four sum l ! loans; we examined tbo chimney, which is still standing, of r: o n r nMui.-lnio, and apparently sound ; we found r o truce cf books un hr tho mom

whiiin Johns uno s iid the bookcase was; hud there t-oi-a bucks burnt seme traces of I aamo would have boon found ; amungsi tithec things I found under the spate bedroom worn a heap of pepor and some I scrim, and nudernoath this she third of a korcseuo tin which evidently had bcon

“t•■riding near a k>g; I found part of i hand bag near Ihe kitchen firoolaoe. Aftei tho ixaminatiori I saw Mrs Johnstone in tbo preset oo of Det.oiivo Ma idern, and asked her what was in tho shed, arid sho aiatod those woro only seme toe's, her has, and washings, and she prayed hard for the detective cot to go in, ns there

wern soma oats sho did not want to k loose ; she assured him there was uotkiuj else there ; tbo deteotivn insisted on gobin ; at first she said Mr Jobnstoro had tbs key, subsequently going to the neighbor's house to find it, but coming back without it; She dotretivo lifted the chain off tho nail; we found inside a box containing receipts, bills, and private papors, Mra Johnstone's own box, a tin trunir, which ih ,’ d-teolivo opened ; tho box was full, It contained two lakes’ bats, a hand sewing maohine, a black spotted lady's costume, silk skirt, white sorgo costume, pair boots, lacay cushioo, roll of oalioo, ema l trinket box, a lady's umbrella, two modioal books, a family album, and other odds and

ends; wo also found a box of tools; this caso (exhibit B) was covered wish wo=hirg; he to.k charge of tho box; Detective Maddorn a«ked Mrs Johnstoco what time sbo went to bed. Rbe replied that herself and husband went to bed between 10 and 11 o’clock; she was positive of this ; they had a very catrow esespp, and her husband only just got hor cut. The detective asked Mrs Johnstone if sho had a piano, or any other kiad of music.l instrument in tho house ; she replied none at al. I nskod her if Bbe did not have a violin, and ebu replied nothing. Later I mot Mr John-tone. The detective introduced us. I spoke to Johnstouo, and ho protended to bo drunk, and te throw off

his coat and wanted to fight. I asked bin if he savod anything,.and he toll U3to gc and look for ourselvES, We eaid wo hoc bean up and he became abusive, and aaic bo did not want a shilling from the insurance, and would not have kaown that he was insured if wo had not mentioned it, The following day Johnstone called at my offioe, and said he would take £IOO, but did not see why Ihe company should get out of payment of the whole emount, and

he thought that as a business man, he was entitled to some compensation, I told b m had his claim bDon for a reasonable amount it would in all probability have been paid, He asked me what was a reasonable amount. I told him that ho did not have £3O worth of goods a! any time, but had he put in a claim for £3O it would probably have been paid. H 3 then repeated he did not want anything frem Ihe Company, and if Mr Clayton had not bothered him he never would have entered if. Mr Nolan : I nevor offered Johnstone £35 in settlement of his claim at cny Sima. Mr Finn : I made a list to show how the £3O wa> made up. By tho Foreman : Tee proof of loss was lodged by Jjhoaiono wi-h us on the 31st. 1 did not go up to the firo until a day and a belt after .ha house was burnt down. Johnstone emu fn io get settlement of his claim the day aft r I had been up, John Joseph UriJge, grocer's assistant; I kcow George Alexander Johnstone, who had convers:-ti. n i with me about the rniddiO of August at the heu a and in my employer’s shop; ho referred to leemt fires, and inc’dmin'ly remarked there was scmoihieg defective about tbe chimney of bis house, for when tbo wind blew from a oortaio qu-.rtar the smoke seemed to er.me into the bouse; I thick this fire took place prior to his bouse beiDg burnt down. By Mr Nolan : Johnstoco never offered auy opinion S 3 to the Effect of tho deftcio the chimney ; there was no suggeatirn from him as to where the next fire would be.

George Alexander Johnstone, recalled : The signature in the book of Bourko' and Co,, produced, is not mine ; the amount mentioned on the counterfoil is; I bought a m stress in Gisbornp, two pairs of blankets, and o’her things ; I think I bought- the 1 elding from Mr Townley's, By Mr Njlan; I bought three cane chairs at the auction matt; I did not say the day before that I brought three cane chairs w.th ms; the signature in the book oi Boutko and 00. was written by my wife; I had two rccsipta from Bourkeand Co.; when I fir=t ctma to Gisborne 1 inttndtd to live in Ohildore road, and carted my goods to that house, but left it before the rest of my goods came through ; when I left Chiiders roid Bourko and Co.. I be* iiovr, carted Iho goods to Keiti; I did not get a receipt for the money I paid for the second carting; the rtefipts I got were for the goods that came through by steamer; I paid threo times and got two receipts. Widitm Madlern, deteclivo : I get tho p.ckotbook produced Ihis morning (exhibit D) frem Bourko and Co,; I a-, atobed their record-, with them this morning, end that was the only entry that oould be found in G. A. Jobnetone’s Dame ; I found an entry of nino packages taviog arrivod nt Gi borne by th 3 Fanny on February 23r d for Mr Johnstone from O’Rourke ; there was 49ft charged for at l‘2s 61 per ton. By Mr Nolan: The case in Court

measured just under half a ton. Mr Finu said bo woold just like to call two witnesses to give evidence as to certain oonveraatioD. He thought the police should have oallod theso witnesses them aelo ei. James Wbioray, oabinetmakor : I was trustee for the house bum d down ; it wa3 insured in my name, and I have been paid the assurance. I went up to the scene of the fi>e on tho afternoon of the 30th August I suw G. A. Johnstone and also Mr Robert Johnston. I eaid, “G. A. Johnstono, you have had a olean sweep here; had you any inaorjcc ?” He said, “I nm cot Dare," as I've ohsDgod the pli:o3 of fieri iosurance, and he did not know whether it had been transferred, and d'd not know when be had any claim. Mr Godfrey opposed on the econo, and a-ked him if anything was aaved. _Me Johnstone pointed t) seme things in the pads deck, and else to some things in a shed.

Mr Godfrey tcld him to make cut un inventory of what bo had lost, and never mind tho things saved. Jobnstcno told Godfrey be was net auro about hie insurance, but Mr Godfrey tcld him ho was insured and to msko out bis cla m. By Detective Modlorn : 'Tho chimney had been built about two years. Mr JohnstoDo had occupied '.ho house about three month?. Ho paid bis rent to ms monthly. I am net atvoro that bn over oompluioed to mo about a defective chimney, and nc osiur occupur h--d complained. Robert Johnston, tailor, corroborated the EVldenco of Mr Whinray. Tho Coroner, in somming up, said tbai there was no doubt oi ttnra being eomi ansp'otous circumstances, but he point;( out to tho j lry that before they could at? rive at a verdict of inoeodisrism tho;

must have definite and reasonable ground to go up n, aad something moro definite than suspicion. If they had any doubts iu tbo matter it would bo their duty to bring in un epen verdict. Whatever the jury’s Vi riict was, bo hid that it was rt pr h niivv for tho Compauy.who hsld tho insurance on the furniture to have accepted a risk without having first ascertained what was tho amount of goods in the house. This sort of thing was only a greater encouragement to incendiarism, and the sooner it was discontinued, tho better for life and property. He would call tho attention of the jury to one or two paattei’s brought out in tho evidence,’

First, with referoneo to tho violin Both Johnson and his wife had stated in ovidtuu’o that they had a valuable violin in the house when tho firo broko out; on tho other lmml Mr Sheridan had iold them that Mrs Johnson, when particularly questioned on the point, said there was no musical instrument in the house. Tho Johnsons could not naino anyone in Gisborne who had seen this violin (Mr

Nolan: Nor anywhere else) Nor anywhere else, and he (tho Coroner) did not think it possible for them to have a violin in the house without someone seeing it. Then lohnson staled lie had a bookcase i’u 1 cf books, lie coui.i not believe this | statement, as books would cwtiiely leave a true:) and woro net easy to burn, Yrt Mr Bhoridan could find no tr ej, Further, it had boen stated that all the goods

? omimr-rnted in the first had been removed ~ from Haiti to Mid street iu 000 load, and j I this was utterly impossible, as thoy would . not have gone in the cast Mr Nolan mutinied she coroner of the

ditc.'opauuios between statements of Johnesono and his wife as to how tho goods wore packed, Tho Coroner pointed out shat there woro many diseropai cos which ho did not propose to go into, as Ihe jury had paid ui.st careful attention io tho evidence, uni would no doubt seo those disatepauciis thcm3elvos,

J Tiio fiivm-m of the jury asked if, when they had come to a vird ci as to tho origin of tho fire, did sboir duty ond there, and tho coroner instructed them they might add a rider if they likod. After about half an hour's deliberation I tho jury re entered tho Court and delivered I the following vi-r.liot: "'Tho jury are of

opinion that the d.veiling of G. A. Johnstono was set firo to by seme person or persons unknown ; further, thoy are satisfied that many of tho urtiolos declared to have born dostroyod wore not in tho house on tho night of tho firo. Thoy would also I like to add that iho practice oi agonts in insuring property without inspection is a praot:oa to be doplorod, and serious rt suits on occasions must ensue.” Too Coroner ixprossod his approval of [ tho vordiofc, and in thanking tho jury for their attendance expressed his re-grot that tho jurymen bad beon kept frcrn their businesses so' long,