MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1598, 3 April 1879, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Thursday, April 3.

i Before G. L. Hellish, Esq., R.M., J. P. .Tamoson, Esq., .T.P., and Mr Warden Shaw,

District Judge of Napier.] Drunkenness. —A person was mulcted in the usual penalty for being drunk and disorderly. Indecent Exposure.— Donald McFarlane was charged with an offence of this nature. The offence was deposed to by two witnesses, but there appeared to he a slight doubt about the identity, and accused was allowed a remand to produce evidence of a rebutting character. Alleged Arson. —Isidore Schwartz was charged on remand with setting fire to goods in the shop at the corner of High and Cashel streets, on the evening of the 17th March. Mr Garrick appeared to conduct the case on behalf of the Insurance Companies, Mr Joynt for the occurred. Thomas J. Lambert, on his oath deposed—l am an architect and surveyor in Christchurch. I know accused’s shop, adjoining the White Hart Hotel. I recollect the evening of 17th of March. I saw the premises on the following day (the 18th) about three o’clock in the afternoon. Superintendent Harris and a constable were in charge of the promises. I made a survey of the shop. 'I he plan produced was made in my office. The plan purports to be, “ Elevations of shop situated at the B.W. corner of f’e intersections of Cashel and High street, Christchurch, where a fire occurred on the 17th of March, 1879, lately occupied by Isidore Schwartz ; fires adjoining premises and exits.” Block No. 1 shows the site of Schwartz’ shop and surroundings, sketh No. 2 purports to show Schwartz’s shop and the adjoining premises of Lezard and Cother, and the right-of-way into the back yard of the three promises. As regards the portion marked Schwartz No. 2 plan, shows two fires— No. 1 in white on the said sketch, and No. 2 in black. There was a counter in the shop, and No. 1 lire purports to bo uuder that counter ; No. 2 fire purports to be shown between the end of the counter and the glass screen inside the said shop window; sketch 5, shows the fire numbered one on sketch two. When I made the examination, I saw there had been fires in the localities numbered one and two. I was able from my own observation to say that the fires were distinct, as the end of the counter between them was not charred, except the spots on the outside, shown on sketch six. Sketch No. 9 purports to show a third fire. There seemed to have been a third fire, as marked, six feet above the floor, horizontal distance, eleven feet from No. 1 fire, and diagonal distance 12ft. Gin. from fire No. 1 to No. 3. Fire No. 2 was 6ft. Gin. direct from fire No. 1 under the counter, and from No. 3 Oft. Gin. The brown tinting on sketch No. 9 indicates scorching. Sketch No. 8 shows elevation of shelving behind the counter, and the tinting black|and brown indicates respectively charred and scorched. The shelving indicated on the plan was charred, and the scorching marked on the plan reached the ceiling. Sketch No. 7 shows back elevation of the shop where the fire was, and the shelving. Sketch No. 3 shows position of the gaslights about Oft. above the floor; it also shows the position of the counter and pipe stand, windows, and entrance, also gas burners. The gas burners are indicated by red stars. The front elevation shows only windows and doors. The red tint on the plan denotes fire, black charred, and browu denotes scorched. The part marked ‘‘relative position of fires” purports to give the distances. The distances are correctly stated, as near as could be obtained by actual measurement. There are certain indications of distances given on plan No. 2; they are correctly stated from actual measurement. The surveys necessary to make this plan were made by myself personally. I swear on my oath that, to the best of my knowledge, the plan is a correct one. Cross-examined by Mr Joynt — The parts marked five on the plan were placed there from information received on my examination of the premises, and from the charred appearance of the part?. John Thomas Warren, manager of the Colonial Bank at Christchurch, deposed—l know the accused. He has been banking at the Colonial Bank since I came to Christchurch two years ago. I produce three policies of insurance—one to the Transatlantic Fire Insurance Company, No. 360, for .£7OO (marked B); one in the Standard Fire and Marine Insurance Company, No. B 1818 (marked C), for .£500; and a third in the Union Fire and Marine Insurance Company (marked D), No. 5617, for .£SOO- I believe the policies were lodged at the Bank by Mr Schwartz as evidence that they were not running the risk of fire in making advances. One policy (the Transatlantic) was transferred to the Bank on June 14th, 1878; the Union on the 19tb of February, 1870; and the Standard on 21st of February, 1879. The dates do not show when the Bank first received the policies. They have beeu absolutely transferred to the Bank in the books of the several companies, and are held by the Bank as security. On the 17th March last, the date of the fire, Mr Schwartz’s overdraft amounted to .£538 11s 7d, and his bills under discount were approximately between .£4OO and ,£SOO. Ho was under no other monetary obligation to the Bank. The Bank also held bills as security from accused to the amount of .£236 6s 6d. I know from accused that some of them were accommodation bills. There were two bills for amounts respectively of .£IOO, one for .£'s 13s, and one for .£2l 4s 6d. The two bills for JBIOO each were the accommodation bills, as I was informed by the accused. The Bank was not pressing the accused at the time of the fire. I have at times refused the accused further accommodation. I refused him previous to our getting the two bills before mentioned, which we got on or before the 12tb of February. I did not go into the question of insurance of the stock. Personally I was not aware of the actual amounts till after the fire, I know Schwartz’s handwriting. I believe the entries in the bill diary produced to be in accused’s handwriting. (The items were here specified, and witness identified the handwriting of the accused in relation to the bills mentioned as payable. The list was marked as correct and put in evidence.) John Doley, a constable in the Christchurch Police Force—l remember the evening of the 17th of March. I was on duty in High street. About fifteen minutes past 10 o’clock I came to the corner of Cashel and High streets. I saw smoke issuing through the shutters of the shop kept by the accused. I examined the shutters of this and the adjoining houses, as the smoke appeared to come through the shutters also. I gave the alarm, and then went to the house, where I met a man named Foster. With him I examined the back door, and found it fastened. We went to the front, and there met Jnras, who broke open tbe shutters. I looked in, and saw a fire behind the counter. I then put the shutters up again to keep out the air, until we could get buckets from tbe White Hart, which wo did in a few minutes. There was a space between the inside door and .the shutter. That door was open. One fire '’was at the end of the counter and another near the window. I saw the two fires distinctly. There was no indication of there being fire elsewhere. Cross-examined by Mr Joynt. —About three minutes elapsed between my first seeing the smoke and getting into the shop. I was close after the second man who entered the building. I do rot know who the other men were. The fires were burning freely. ()ne behind tbe counting was blazing np a good deal, but tbe other not so high. I banded the water to some one, who threw it behind the counter. There were very few people about, a great number having, I supposed, gone to the theatres in connection with the Kaitangata fete. I was not in the shop at all that night, being called away shortly after tbe circumstances took place which I have narrated. Alexander Lean, jun., ledger keeper in the Colonial Bank, said — I know the handwriting of Isidore Schwartz. The three last pages of the book I hold in my baud (a bill book) are in the handwriting of Schwartz. I understand the book to boa record of bills passing through Schwartz’s accounts, and to be met by him. Some of the bills have beeu recently passed for payment. George Foster, a coach driver, said —I recollect a fire occurring on tbe premises of the accused on the evening of the 17tb March. I was there when the shutters were kicked open by some one. It was about a quarter past ten o clock. When I came from the back of the premises. Constable Doley remarked, “ we must have those shutters down,” and somebody kicked one of them down. I caught it, and looked in. I saw the interior of the shop, and fire in three distinct places. There was one far from me coming from under the counter; one between the counter and the window, and one right opposite the far-off one. I could not exactly define the position, as there was little time. The distant fire was six or seven feet from the floor. I as-it ted to keep the fire down till the brigade arrived, by Mr Joynt—The third lire was some distance from mo to the left. One between the window and the counter was blazing, as I saw the flame through the glass. I held up the shatter, at the instigation of Constable Doley, till buckets of water arrived. I could see the inside door was open. William Harris, superintendent of the Christchurch Fire Brigade, said—l recollect St. Patrick’s evening, the 17th of March last. The Brigade were called out that night to a fire in Schwartz’s. Icwas from ten to fifteen minutes past ten o’clock when I arrived. The shop had been entered when I got there. The fire had beeu sufficiently subdued for meu to enter,

There was u very dense smoke in the building. 1 stopped the engine immediately aud sent for a small nail engine. Anyone could enter the building from the first of the tire. Wo had to got a lamp to see. Two members of the Fire Brigade, W. B. Hobbs and another entered with me and examined the building. We found the fire had originated about midway under the counter. That appeared to he the stronghold. The place was very full of smoke. I did not at that time see other indication? cf fire. I found the fire under the counter in a case similar to the one produced. I made further search as the smoke continue 1, and found a fire between the end of the couufcr and the window. There was a quantity cf rubbish aud paper there on fire. The only thing particular about this lire, was that it was isolated from the other. We found a good d-: al of waste paper smouldering, and next morning we found some boxes of matches and empty match boxes amongst the debris. We al-o found about a ream of paper standing on end against the door, which was open, and when I shut the door the paper fell down. The space between the counter and window had beeu apparently intended for a gangway, but was not nsed as one. I drew this conclusion from the fact that the passage was stopped np by a chair with a box on it. The door was turned hack, and as I have stated a parcel of paper was standing up against it. There was a free passage round the other end of the counter The fire was, I believe, smothered by the dense smoke, hut it had evidently been in a blaze from the appearance of the debris, and it was certainly burning when I discovered it. Whilst I was standing at this part of the shop, someone outside directed my attention to a fire further in _ the shop to the right. There was no connection between this and the other fires, and as far as appearances indicated I should say the three were without doubt separate fires. By the Bench—Do you think it possible that the third fire was caused by a spark from either of the other fires being wafted there? Witness—l should say not, sir. The effect of the atmosphere was, in my opinion, calculated to have a contrary effect, as it was very close and still, and the smoke was almost suffocating. To Mr Garrick—l left after seeing what I have described, I left Hobbs and a constable in charge. I visited the premises next morning, and found the shop as I had left it. It was then we discovered the boxes of matches I have described as being among the debris in the second fire. Detective Walker took the burnt pieces of each fire away in packages. The burnt pieces produced are those taken away. The floor was not burnt, but discolored or scorched. There was a raised platform behind the counter, and a person bobind the counter would be on an elevation. The pipe box in which there had been fire was on the floor of the building behind the counter 1 subsequently visited the premises with Detective Benjamin. The debris bad not been removed when Mr Lambert was there I pointed out to Mr Lambert where the different fires had He proceeded to take the measurements while I was there, and I gave him all the information of which I was possessed in regard to the circumstances. The plan produced gives a, truthful representation of the position occupied by fires one and two, and I believe the third to be correctly shown also- I know the accused by sight. I saw him after the fire was over on the night in question. I saw him in the shop. I spoke to him about it, pointing out that there had been more than one fire, and I asked him if he could account in any way for it. He said he could not. I then asked him if be was the last person on the premises, and he told me he was. He said shortly before ten o’clock his brother and some one else left the shop, and shortlj after he (accused) left, having the key in his pocket, and that was all he knew about it. He added, however, that everything was safo when bo left the premises. About half an hour after the fire was extinguished I went upstairs. There were a good many empty [cases, together with waste and rubbish, which seemed to be the accumulation of some time, there were cigar boxes, boxes, and waste paper. The accumulation of rubbish I sp ’ak of was on my right as I entered the room. In addition there were some footballs, a large musical box, and on the left of me there were _ a number of empty tobacco boxes, placed in the form of a stack, that is one on top of another. 1 saw nothing but what I described. To the left as wc went upstairs was another room which we entered. There was nothing in that but rubbish. There was a large heap of rubbish at the top of the stairs, consisting of the material already described. There is a room downstairs at the back. There was a fireplace f in the room, but there bad been no fire in it for some time previously. It was a narrow room. The fire I saw in the shop could not possibly have come from the back room or from the outside in any way. The paper I have spoken of as standing by the door, was about half a ream. It was standing on end behind the door, filling up the space between the end of the counter and the window, and the door went back against it. I should say that fire No 1, under the counter, had only been burning a few minutes. The water did not at first reach this fire, so that it was burning some time after the water came, the steam only keeping it in abeyance. We only nsed sufficient water to quench the fire at the end of the counter, as we wished to preserve the material. Next! morning we found loose matches that had been burnt; also boxes of matches. By Mr Joynt—There were some loose matches, and boxes of wooden aud wax matches, some of which were burnt. By the Bench—l should not say that matches I saw were simply old matches which bad been burnt and then thrown down. A. quantity of matches were found among the cinders. By Mr Joynt There were several persons about the door when I went in. There were two of the fire police at the door. I arrived about eight or ten minutes after the shop was first entered. Nothing was seen of the third fire, on the shelf, till after I arrived, and when the air had got in the fire then, burst into a flame. The gas was not alight at first. We nsed our hand lamps. The fire last mentioned was in the middle of the shelf, where a package of hair brushes had caught fire. Next to that package was one of looking glasses. I do not think such goods particularly combustible. It would not have been difficult to set fire Co these packages, because they were not closely packed. It would not have been easy to ignite the wrapping paper against- the door, because it was packed close together. The door could not have been opened further without removing the paper. The tobacco box previously mentioned as blocking the gangway stood on a chair behind the counter at the end of the gangway. Re-examined by Mr Garrick : The man who turned on the gaa came some time afterwards. The meter was turned off; it was situated just under the locality of fire No. 3. I saw him turn on the gas. [Left sitting.]