ALLEGED ARSON.

Hokitika Guardian, 12 March 1926, Page 1

ALLEGED ARSON.

81" PR EME t'DfRT Till AI

A VEBDKT OF NOT GUILTY

TUESDAY. MARCH lltli

Before His Honour Justice Adams')

.John Hamilton I.ip-ott, alias John Win lon Sinclair, was charged with .citing lire to the Methodist Church, Hod Lion Hotel. Dr Baird’s garage and Rod Lion Hotel, on six charges, and pleaded not guilty. Afi Park appeared for ihe Crown and Mr Joyce for accused. The following jury were empanelled R. Ferguson. W. A. Shadholt, P. 0. Oates. R. Stewart. Wm. Kecch. 0. P. McOuiean. F. 0. Lynch. A Krakow, sky. J. P>. Douglas. E. Brown. Jos. Ifnvill and F. Fane. Mr W. AT. rNeech was chosen foreman. Mr Park outlined the case and led evidence svs iollnws: Dr Bruce Baird deposed lie had a motor garage in Tanned Street opening with a. sliding door. On Sept. ASBi.. he left, his car in front of the mirage and went into the house. At 8 JO passed along the south side of the garage and through a window on the soul It side noticed .something sparking in the garage as il a. fuse was burning. TTo went to the door and asked who was there and a von." replied: "T ant trying to got my bicycle. Did not then know who it was, hut knew n,?\t. day. Told the man to get out and ho went away quietly and as he came out turned on the ear lights and saw it was the accused. The bicycle produced was in the garage, and the dress guard on if was partly burnt. In the "•arage there was oil spill on the door from .a tin. a waterproof sheet had ],oen saturated with oil. He though! Hie man was quite drunk. He was staggering and wandering aimlessly, not knowing what he was doing. He knew that Ihe accused had an injury to his head in France, and the effect of drink on ;> man in such a condition is extraordinary. TTis condition that night was one of being quite untrustworthy. Having regard to the circumstances he should sav that he probable put the oil on the lloor to make it burn more quickly.

Soffit. C. J. King deposed that about- B.JO twin, on tlie night of the '2Bth. September he received a complaint from Dr Baird. Visited his garage in Tattered Street. Found a lady's bicycle there with the dress guard partly burnt. A tin of oil was on the floor and oil was .spilt. Dead matches lay on the floor. Front enquiries made afterwards, arrested a - cased in bed at tbo flub Hotel. Woke him up and be appeared stupid from excessive liquor. Took him to the station and searched him. Found rwo boxes of matches on him. Took no s'ntomenf from him that night. ! ho following morning took a number of oilier men io the station and placed aroused with them when Dr Rail'd and others identified the acetiM'd. After leaving Dr Baird’s Garage witness teal gone to tie. Red Finn Hotel ami found I bat room No. 27 lmd been on lire. Later was at ihe station when he saw a glare in the Motholi I

Chmvh. and itad entered by the back door. Found the place well a fine in the porth-wps|. corner, and the pirn e full of dense smoke. The Court- adjourned af 1 p.m. The Court resumed at 2.t0 p m. So rgt. King continued: Eniranoe to the church could be made from the yard ol the Railway Hotel. To Mr Joyc: Received Dr Baird's complaint ami arrived ai Baird's about X. to. Staved a few minutes. We ill to

Perry'- cot net 1 and then got into the dii'tor's ear for about five minute'. Later -aw the fire in (lie .Molmdi-! Church. Knew aciu-ed. It va-. Able to gel (o tlm bedroom N". 27 in the Bed Lion Hotel bv tin, ways. II

urns nothing unusual for a man who smoked to have the quantity of mitiebes round on accused. Tim man •-■a-- stupidly drunk when arrested. The Opera House was burnt while -

t used was ill custody, also the Catholic School was on fire while he was in custody; also a. house in Hampden St., was gutted. He w.as satisfied the H, era House fire was not due to incendiarism.

George Nathaniel Gifford deposed he was barman at Railway Hotel. On

28tb. g* nit. about fi.oO p.m. saw accused come into (In' Lar parlor. Refused to supply him as lie was under the influence oi liquor. lie .stayed abouf five minute-- and then went out. ('ortnin came to h del .am! took him

info a sifting room L'Mcr with Curtain vent to wash-home. limn went Ititfj har parlor. After 20 minutes accused came in again and witness refused t" supply him with a drink. It was only a short distance to the Method is I Church out of the Railway Tinted by a gate in the back yard. To Mr Joyce - Accused came in at a few minutes to seven. Told him ta go home to bed. and be 1 went away. Dili not see him again that night.

Fredori'k Curtain depose-:! he was a farm-hand. On 28th. September had room 27 at the Red Lion Hotel. It contained 2 beds, the other occupied by Alex Good. Went into room about (1.J.7 p.m. Electric light is used. From there went, to Railway Hotel t" * (1< ’ Gifford, about 7 p.m.. and unnamed about half an hour. Went into the ward and saw accused near the lavatory. Later wen: to room 27 at Red Lion Hotel. Kornd the two bed* had

been limit, in tin' Railway Motel yard saw l lie accused. Ho seemed very drunk. Witness was at the Railwav Hotel about half an hour. .fames Herhm Haines deposed he was a mechanic. and was .sfaiidinit in Sewell Pi.. i»ear Freitas' oarapo. Paw accused coming from direction of Railway Hotel. He stopped and spoke. He appeared quite sober. Tt was between •"> to and S o'clock. Leslie- James Racer deposed he was a pietvre operator. On 28 th. Septoml,er stayed ai Red T.ion Hotel. -Tnst h.-t'ore S o'clock was in front of MrTntosh’s shop. Sac accused com? a 1 onif. He into witness, then went upstairs ot tic 1 theatre a P‘\\ stems, then came out and went into the passage of the Red T.ion Hotel. Romo 07 was down this passage, next to witness' room. Hid not see him again. He scorned drunk to witness. William Frederick Rnnwman deposed lie was with Eager in front of Mclntosh's shop. Paw accused coralong about S p.m. He Humped into witness, th.cn went into the theatre, out again and into Mclntosh's pnssnge. He was not sober. Robert Nightingale deposed he was a linotypist. On 28th. Sept, about S.IO ii.m. went, into Red Lion Hotel backyard. stayed two nr three minutes. and then noticed a glare in room 27. 'Went into the room and saw both counterpanes of the beds in flames. Put them out with his hands and turning round saw some cretonne

on the ward-robe was also aflame. Then gave the alarm. Did no, oe anyone go in or out of the rue,it htfore he saw the glare. To Mi Jovce 'Went in about; 8.10 p.m. Me came straight from the Post Office. There wa.- no light in the pnsThe dour of room 27 was shut. Alexander Good dupe-rd !■•• lived in room 27 of the Red l.imt ff-nel. He wa- in the room between 8 and u pa-l-Mid not light 'iny matches. Lelt ike l IHIIII ill go >d order. '".I,J,n James Mefutosli deposed he wa- Ihe,,-..' of Red Lion Motel. There wits a nrivate eniranee from Sew,.|| street. Tim Lv-i mom off that passage was 27. Was called to put a lire in lh.".i room. Not much daniiij'e wa-- done. M.-meii ttir- e die i;ii,-v fires were burning in the room. Arthur WBurnt deposed he was a -nlnon-keepor in IDvell 'G- “ li ' -g-'P av, siv from Keller'- Mot-. -l. Few at - cits "cl come into Ihe -alooi: on uig.lJ ~(■ 03,1, c;,,,, j emlter about ft to !*.lO p.m’ lie stayed ahont five minutes. j[ ( , evas in a half-si united condition. Foot-ma Let . Hit night in f;t:,"-t i'>H about !).lo p.m. saw a-cosed going tip He veil St. Me w.e not walking straight. H was about DO ya.rdfrom Keller’s toward- Devatmy"-. William Gerhard Keller deposed he was proprietor of Eell-r'.s Motel. On 28th. September, about B.3‘i r.m. the 1,1,11 c room off Revolt Si. was lit tin. There Wits a lire in that room, eatt.smg damage of £ !0. Constable Randal! deposed on 28th. September about 0.2/1 p.m. "'!' s Re veil Ft. Saw accused at idte side entrance of Club Hotel. Me was peering down Revel! St., drew back and went into the haelc entrance ol th" hotel ■ This was jtbnstl six el, a ins

from Kellers. i Constable K. M. Host deposed he j 1 knew accused. Had not. seen him u" j i der the influence of liquor. Was' ( standing at Preston's shop opposite Weld -St., about 8. IS p.m. Stood a < few minutes and saw a flare in from window of Keller's Hotel, facing Revel! Street. Rushed across and found j the curtains on lire and olio ol the padded chairs and. paper on wall. Kimtrie light u as switched on. No one entered tin- hotel iroin llovcll St., tt good five minutes I afore he saw the glare. William (. . ilraddon deposed he was Superintendent of ike Hokitika I-ire lirigade. Received ti lire cali tor .Methodist Church. I uund a tic- well up on the rout anti along the ridge Dole. The tiro evidently started in tiio north, west corner. Considerable structural damage was done. It must have taken over an hour lor tne lire j ti: have got so lain lie could give i in; reason for the cause ot tLite lire, j It would require some material to . build a lire in such a. place. This was the case for tile Crown. Hr Joyce elected not lo call evidence. . . Mi- Park addressing the jury _ said I bore were some slight dis< repaueic-s in the time given by the various witnesses. It was proved beyond a -ioiibt tun! there was a hr.- in the MethoUisl Clturch. He was again seen going into the passage ol Mclntosh > li-u and not seen coming out. .Next be was seen in Ur Baiid's garage mtuaily with, a lighted '-'cyHe mougsum. later ho was seen m he>ch oo - just, ahead of Kelier's Hotel. W was the explanation ol the act - ■> ‘ T£ addressing the jury said it was the duty of the Crown to prove the accused gmlty. It was o, th i,m- to sav if any proot had been brought before them. Iteiemno; to the garage charges counsel claimed that the'accused had no intention ot eommitting a crime but he was looking for his bicycle with matches. His Honour addressing the jury said there are sis. counts in the indictment.

winch arc aetually red need to lour. Tho evidence in the ett-se is eireum-ian--1 i:,!. No one has at-imtily said they saw the accused set- lire. The Crow it had set. up certain circumstantial evidence. Ihey had to ho reasonably -alislieit iluil only the accused was responsible for ihe crime. there wattle direct evidence of Dr. Baird who biumi him in it is garage and oi.viuii.-iy i lideuvoiirill;;; to set lit • to something. Phis evidence was not challenged as to V, Ilia! lai is. I lie i mideiit at tlm Red i.i.ni ||i. tel was iit cnni-.t atti ml, Imm biili ihe iniet-Mi; rotihi be drawn. I h -v found tlm evidence of witnesses lai aging him to tite Red Lion Motel u it inn a very -Inu't period o| the out11rcak of the lire. The outbreak m -ever.d Id',-- in t;;e one night made ii ap-

pear Hie,! they were not caused by accident. At tile Red I.ion Hotel iliere were three -eparale files in the roam, and not one lire only which

might have been caused bv the throwing down of n single match. Al Keller's Hotel all they had was that Un-re was a lire similar to that at the Red | mu. Tkev had t'viileuee tlud ae-ou-od was t.ceti iml far away hall an Ilnur alter the outbreak. I hey were asked to take the whole oi the circum--tam es into eoia-aierat inn and draw ; he Com ill-ion Mutt the ( rowu inferred. Timir i ottclttsioii should be a reasonable eeiiclilsiou as to the evidence belore them. If si hey believed Fie witm-ex

along ami elibw the Beil I.ion passage then they had him where he had m

nght- it) he. with the opportunity ut lining something liiui. someone did actll vin room 27. If they lound Mint ,i: , were satisfied then the Grown ...them to take into e.ntsiileraiion

the in Iter tides. Actually there was nothing to prove the accused was m Keller'-, ('.'tiling to tin- Elmreil. there w;i- the evidence Mint accused wns at the Railway Hotel belore 7 and b. It, must he obvious that il a crime is

eoiiunilled il would he dangerous to accept the plea of drunkenness. It J, 'defence against till oll'enee. But. if an act is done under menial aberration, ii is a plea for excuse. Inn !,u;v u mi c r very .special circumstance.-, that in fact he actually and. literally did not know what lie was doing. The jury retired al 5.10 p.m.. and let iirncd at- 7.30 p.m.. with a verdict of “not guilty” on »H counts. Tho accused was discharged and the Court adjourned till next morning at. 10.15 a.m. . —.