Page 1 Advertisements Column 4

Gisborne Times, Volume XXV, Issue 1979, 15 January 1907, Page 1

INCENDIARY CASE. BURNING GOWN A HOUSE. Tho following is tlio Wairoa Guardian’s full report of a case in which much interest Ims naturally been taken: Before Messrs G. Bijtnoll and J. C'orkill, Justices, John Mitchell, jn., was charged with wilfully setting lire to his residence, valued at .-CICO, on the Awa fere creek. Mr ■ iSaudonnan appeared for the accused. Thomas Browne, sworn, said ho was a carrier. Ho was the Wairoa agent for tho Standard Insurance Co. Know tho accused, who on October 18,190 G, asked him to insure his house for £65 and £65 on furniture and effects. He signed his name to tho proposal. On tho morning of Boxing Day last, accused came to his place, and said, “You remember I had bad luck losing my wife. Now my house is burned down.” Asked him how he thought it happened, and ho said there might have boon some matches about, or it might be his wife’s relations who would burn it down for fear lie would dispose of his wife’s things. He said, “I suppose I won’t get the insurance now.” Witness told him ho could’nt toll him that until there was an enquiry, and his report was sent down to headquarters. Accused did not put in proof of loss. Next saw accused on Decomber 28th last at about 4 p.m. at the- wharf. Ho asked him when he thought tho insurance would he settled. Told him that report had been forwarded. 1 said, “ What is your hurry?” He said, “I want to go away to Hawke’s Bay.” Witness replied, “Very well. I will forward my report and mention that you arc coming down, and you can see the agent at Napier yourself.” lie said, “All right.” Later on accused came hack and said he had put the matter in Mr Sandeman’s hands, as he didn’t understand' about the insurance business. By Police—Accused didn’t have the policy at the time of the fire, as it was afterwards that witness posted it.

By Mr Sandeman —-Accused appeared to lie in liis normal condition when he went to see him about the insurance money. Ho did not appear to bo strange. The policy may have been in his hands for two days. lie had received no written claim for the insurance money, either from accused or his solicitor, Mr Sandeman. By Bench—Accused had paid the premium himself on the policy tho day tho proposal was accepted. Constable Luke, sworn, said about D. 30 a.m. on December 26th last accused called at his house and said bis house and contents had been burned. He said to witness, “Do you think I will get the insurance. The house was unoccupied.” Witness said ho wasn’t certain, but ho thought he would’t got it unless he had given written notice to the agent or the insurance co npany. Accused sad it would he hard luck if lie didn’t get the insurance. On tile 23th lie saw the accused in Marine Parade. He asked witness how long it would be before tile insurance was settled. Told him that lie had no idea. On December 29th at about 7.30 a.in., saw the acbuseil at the na at Waihirrre. He came towards him and said, “I have done wrong.” . Asked him to shako hands, and then admitted that he set fire to tho house. Arrested him, and lie made tiie following statement:—“ I am a contractor residing at Wniroa. I own tiie four-roomed house which my family and myself occupied previous to tiie fire on Christmas Day. On Oct. last, I insured the house for £65 and contents far £65 in flip Standard Insurance Company, of which Mr T. Browne is agent. On Dec. 23rd last, I took my wife to the Wairoa Hospital, as she was suffering from illness, and the house was unoccupied to the time of tho fire. My wife died on December 23rd, and being a Maori, her body was taken to the Maori pa at Wailiifere for a tangi. My wife was to bo buried on December 25th and I went over to my house at about 11 a.m. to got a pliqto of Jipr dead child to bury with her. When l got to' the house tiie sight of tile room brought back to me the memory of her illness and suffering, ami tiie Maori custom of burning a dead person’s belongings entered my head, so I got a whole candle, placed it on tlio lied and lit it. so that when it burned down the blankets would catch fire, and then went back to the pa to prepare for my wife’s burial. My wife was buried at 5 p.m. oil the same day, and after her burial I went to sleep in the pa. On the morning of December 26th last, a native named Raukira came and told me >ny house had' been burned down during the night. I went to see it. I then went to the police and Mr Thomas Browne and reported the house burned. 1 intended to confess to the -burning of tho house, only I. got frightened when I went to the'-police: lam a half-pasfe Maqrj, Oil Dec. 23th. 1900, 1 went to-Mr Samlein.au, solicitor, reported the loss and asked him to report matter to police and •Mr Browne.”

i.By Mr Sandemhn: Didn't 'notice ;any difference in accused's.. mental condition. Was sure lie never introduced religious matters'. ' Had heard lie had said that he cortt.emx)lated suicide, but he did not say so to him. Had heard it was the custom to burn the belongings of a .dead person.. On the 231 h, witness wsps ..told by Mr Sandeman that accused had confessed to the burning of the house. Understood that ho told him with the consent' of accused. • By Bench : Inspected site of house. The nearest house to the’dwelling was •a mile. away. > Thomas Browne, recalled : Understood from accused that the land oil which the house stood was. his own. Accused reserved.his defence. Air yunduman said that accused confessed to technical arson. He contended that it was committed under mental distress occasioned by his wife’s death, Jlo had a certificate from Dr. Swaiiseger that accused at the period was mentally deranged and irresponsible.

Edwin Sandeman, sworn, said :• On the ‘2Bth December last, the accused came to his office, and informed him of his wife’s death, and of his house being destroyed by fire. He handed him the policy and told him that as he himself had ' burned the house down, not to claim the insurance money, Ashe?] bim why he. had done so. Told him that lie had gone into the house to get a photo, and tile house had brought recollections of his wife, which so overcame him, that ho set fire to it. He also told him of the native custom to burn everything belonging to the dead, and said all his own personal effects were destroyed, and that he had nothing but what he stood no in. He appeared greatly distressed by grief, lie appeared to be strange, and told him that ho had thought of committing suicide. After discussing the matter he authorised witness to inform the police of the affair, which he did. 13y Constable Luke : The confession was made on the 28th. Ho thought accused was not in his senses. Told him that as lie was leaving the house he saw his watch and. chain hanging up, but would not touch it. Didn’t know of any wooden house burned down after the death of a native, but was not acquainted with Maori customs. Accused was committed for trial at the next sittings of the Supremo Court at Napier. Bail was allowed, himself in £IOO, and another surety of £IOO.

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