THE ARSON CASE.

Globe, Volume XXI, Issue 1784, 8 November 1879, Page 3

THE ARSON CASE.

The following is the conclusion of tho ease of Edgar Osborne, remanded from Thursday to yesterday Constable McCarthy, whose evidence in chief was taken on Thursday, was cross-examined by Mr Holmes. Constable Glackin deposed—l was on duty in plain clothes on tho night of tho 29th of October near Mr Hale’s premises in St. Asaph street. I eaw Henry Oakley. He showed me whore a fire had been, and I entered the yard. I saw a tar barrel scorched and an oil can, two newspapers, and some burnt canvas or paper. They were quite close to Mr Hale’s dressing shed. I remained in charge of the premises until a quarter to one o’clock on tho morning of the 30th. I took charge of the tw newspapers. I was relieved by Constable Cleary. Everything remained the same, but the tar barrel was rolled a little away from tho building, until I was relieved by Constable Cleary. I arrived there about twenty minutes to eleven o’clock on the 29th. Alfred Cox deposed—l am a carpenter, in the employ of Heywood and Co. I reside in St. Asaph street. - I was in tho Wellington Hotel, kept by Mrs Fuchs, on the night of the 29th October. I left a few minutes past nine. I saw the prisoner there. I came out of the hotel with my friends and walked to Montgomery’s corner, followed by the prisoner. Ho asked mo why I would not treat him, and I told him I thought he had had enough. He then turnod and walked back again. Henry Hobbs deposed—l am a polisher in the employ of Alfred Osborn, father of tho prisoner. He has not been at work in tho shop for months. He comes and does a job for himself now and then. I have been in the employ of his father five and a-half years. As n rule wo do not use tar, but some was used five or six months ago. Some remained in the shop, and was took possession of by Detective Neil. That was the only tar in the shop to my knowledge. It has not been used for some msnths. By Mr Holmes—Pitch is habitually used in coffin-making. Tho pitch-pot caught alight six or seven weeks ago, and tho prisoner soiled his hands putting it out. The prisoner was a dirty boy usually. Samuel Smart, aspbalte contractor to the City Council, deposed I use coal tar for asphalting, but no Stockholm tar. I have had the present contract for asphalting with the City Council for tho last two years. I am the only contractor for that work, and never use any but coal tar. John Clements, deposed— I am a sailmaker in the employ of Benjamin Haie. I have been on and off for the last fourteen years. His shop is in Cashel street, and he has two buildings between Tuam and St. Asaph streets. They are commonly called dressing sheds. I was on those premises on the 29bh of October from eight o’clock until half-past ten a.m. I was in the | left hand side shed facing Colombo street, next to Mr Booth’s. I was not in the other shed that day. The sheds were 9ft. or 10ft. apart. Six or seven barrels of Stockholm tar wore stacked at the end of the western shed where they were always kept. Twenty or thirty oil drums were stacked along tho shed. Some of them had 1 tar on the outside. None of them had tar inside. I went there the day after the fire. I saw where the barrel was at the side of the shed, and the place where the building was scorched. Two boards were scorched. They were not scorched on the morning of the 29th. By Mr Holmes—lt was scorched at the centre of the building. It would not he possible for a man to lift one of the tar barrels. A man could roll them, and need not soil his breast in doing so. Benjamin Halo deposed—l am a sail maker carrying on business in Cashel street. I have premises, two sheds, situated between Tuam and St. Asaph streets. They are my property, and are worth about £2OO each. On the 29th October one shed, the western one, contained rope, sheep netting, canvas and other sailmaker’s wares. The other shed the eastern or dressing shed, contained oiled skins, tarpaulins, and some oil, stored for Nashelski. The stock in the two sheds I estimate to be worth £2OOO. X saw the sheds on the 29th, and did not again go to them until the morning of the 31sfc. I then saw the weather boards had been scorched. A lot of empty drums and barrels of tar were stacked at the south end of the western building, which had been on fire. There were a few empty drums on the premises. Some of them had contained oil and some of them tar. I was at the sheds about a week before the fire. By Mr Holmes —The casks were piled separately. I do not know that the prisoner entertained any ill-will towards me. He is not opposed to me in business. He has never threatened me. Dr. Symes deposed—l understand chemical analysis. On the 30th of October the prisoner was brought to me by Detective Noil. I examined his hands, and found _ stains on his hands, and material under his nails, which I removed and found to consist principally of Stockholm tar. There was also oily substance on the hands and sharp sand under the nails. A coat, waistcoat and trousers were handed to me tho same day by Detective Neil. I examined them and found stains on them, also of Stockholm tar, on each article. The stains were on the sleeve and back of the coat. It was the front part of the sleeve as nearly as I can remember. The coat produced is the one I examined. I recognise the stains I have spoken of. They are caused by Stockholm tar. _ The trousers were also stained. X cut a piece out of the knee, examined it, and found it to contain Stockholm tar. Without analysis I could not distinguish between the stains caused by Stockholm tar and coal tar. I could distinguish them in a fresh state. Stockholm tar is brown, and coal tar black. By Mr Holmes I base my opinion on the chemical analysis I made, and on the smell and the color of the clothes. When X was asked to make the analysis, the constable told me he suspected the presence of tar. The stains on tho hands were comparatively recent. I noticed one stain, which might have been oaused’by tar, on prisoner’s face. The stains on the front of his hands appeared to havo been cleaned off by some oily or greasy substance. Tho smell on tho hands was that of tar, but not pronounced enough for me to swear which description of tar had caused it. If the tar was mixed with greasy or other matter it might affect the analysis. By Mr Mellish —If greasy substances were mixed with tho Stockholm tar it would not affect the result to such an extent as to render me unable to distinguish between coal tar and Stockholm, but the range of greasy substancosSis so great that I should not like to speak positively. I had no difficulty in obtaining specimens of Stockholm tar free from greasy substances. By Mr Holmes —The dirt overlaid the tar on tho back of the coat. It was mere earthy matter. I observed no distinct signs of paint. Detective Neil doposed —From information received about" the fire I visited the house of tho prisoner’s father about nine o’clock a.m. on the 30lh of last month. I was accompanied by Constable McCarthy. . I saw the prisoner in bed. I told him he was j . suspected of incendiarism, and 1 arrested him on that charge. Tho accused said, “All i right. I know nothing about it.” I then - said I arrested him for having set fire to i Benjamin Hale’s store, between St. Asaph I street and Tuam street, the previous night. 3 The prisoner said, “I know nothing about , it.” I then took possession of a black vest 1 and trousers which were lying at the foot of his bed (the same produced in Court), and • the coat produced I found hanging outside 1 the bedroom door in the kitchen. I told him g to get "up and dress. Ho said, “ You have all my clothes ; I have nothing to put on.” He g then got up and took a coat and vest froin a 1 drawer. Hie brother was present, and said,

“ Youcanhave that coat of mine.” 1 The prisoner then got out of bed and put on the coat and rest taken from the drawer. The prisoner insisted on woehing, but I refused to let him do so. I then brought him to the station, and took him oyer to Dr. Symes’, as I smelt tar on his hands, and also saw the stains, I also brought the clothes to Dr. Symes. 1 gave them to Dr. Symes in the same condition in which I found them at the prisoner’s house. Previous to giving the clothes to Dr. Symes I took three matches out of his waistcoat pockets. I took the prisoner into the detective office while waiting for the doctor, and he said “ Where did the fire occur last r.ight ?” I wont to the scene of the fire on the morning of the 30lh. I saw the cask produced; the head was in it. It was full of Stockholm tar, some oozing out of tho bung hole. The outside was charred with fire. Tho boards produced I had taken off tho side of tho shed, and they wor in the same state then as they noware. T 1 roil drum produced con'ained Stockholm tar. I saw several barrel r like tho one produced at the southernmost end of tho western shod. Tho barrel might easily have been rolled from whore tho casks were to the spot of the fire. There was also some tarred wrapping at the cad of tho sued. There was a small fruit garden at the cast side of the yard, with a small gate of communication between, which was open. Tho garden was full of grass and weeds, fully two and a half feet long. I saw signs whore the grass bad been trampled down, and some night soil. I could get through the gate from St. Asaph street to the section without climbing over it. There was an aperture caused by tho removal of two battens from tho centre. I got through tho aperture without removing any part of it. Mrs Whitford showed me where she saw and spoke to the prisoner. The spot was thirty-seven feet to the west, and distant from the gate. There were no signs of tar on the gate. There were no signs of fresh tar on any part of the fencing. The distance from where the fire was to the Prince of Wales Hotel was 163 yards. I heard no alarm of fire on the night of the 29th. Tho next day I went to the prisoner’s father’s house in St. Asaph street, and to his workshop in Cashel street to search for Stockholm tar. I found coal tar in the shop, but no Stockholm tar. After hearing tho evidence of Constables Gaffrey and McLellan, who took charge of the premises whore the fire occurred, accused was committed for trial. Bail was allowed—prisoner in £3OO and two sureties of £l5O each.