ROSS NEWS

Hokitika Guardian, 15 November 1930, Page 2

ROSS NEWS

(Our Own Correspondent.) MAGISTRATE’S COURT.' THURSDAY, 13th NOVEMBER. (Before A. W. Peebles and H. ( Osmers, J.’s.P.) *.; ARSON, Police v. William George Muir, charged with on Ist November lapt wilfully setting fire to a four roomed cottage situate ;in Moorhouse Street the property of Frederick Sharpe. Detective Murch i, -"presented the police and,..Galled: —. Frederick ./Sharpe, sworn, said he was a labourer rbsiding 1 at Moorhouse ■Street,. Ross. Am 'the owner and. occupier of a four roomed cottage situate in'Moorhouse St. and fixed to the soil. I remember Saturday. Ist November, I left fny house that day at 9.30, When I left home I left the front' door Unlocked and hack door half open. There is no one else oc- . cuping the house but myself. I did •■not'again visit the house until after the fire bell rang. When the bell rang;.l was informed that it was my house on fire. I went to the ho trie. Three :of the firemen were at the house :when I arrived. I saw where the‘/fire had •;occurred. It had originated in a dcrner of ■ the. back bedroom. I had ileft'a 'towel - -hanging !on a fiail in the corner : where the fire started. This towel ; was burned to pieces. The fire had .commenced., on the . wall about four feet from the floorll The towel and a few hoards in the side of . the wall where the fire fitartod werel-bnrhed-and (a few*-boards! on the wall and ceiling were charred. 1 yalue the house and contents at £7O. The value of damage done was about £2. I did not leave anything in the room that could possibly, cause a fire. I have no idea how the fire started. I know the accused. He has never been in the house to - my knowledge while I have been present.... Allan Vincent, sworn, said, I am 14

years of age and reside with my par-

ents, on Park Terrace, Pops. ; I rememlier the night of the fire in Mr ■.SHarpe’s house. Tt was a' : Saturday At about .7.50 p.m. that night I :fvds going down Mborhbuse. Street, with! pny brother Thomas, Jack Philipsj:’and R. Donaldson. I know the 1 accused. I saw him ; .when ,we were gojpig ! dawn. , Moorhouse Street. .He w4s-;eoming dowji.the footpgtji .qnd was| .opposite the library when I saw hilh. /He . staggered alpng. to . Mr Sharpe’s '-gate put hijs hand oyer“and; openbd thb' gate, went through it- and ■\valked’towards the front of the house. We were down by Chapman’s house when the firebell raiig; This would

he from 5 to 10 minutes later. I am certain It Was the accused Muir whom 1 saw go in through iSharpe’s gate. To accused:— -Did not actually see yon set fire to Mr Gharpe’s house. I did not see where you went after you wept inside the gate. I am positive it was you. . . Thomas Peter Vincent/ sworn, said I am a school boy and 11 years of age. I reside with my parents at Park Terrace, Ross.- I.remember the night of the fire in Mr Sharpe’s, howe. That evening about 8 o’clock I was in . Moorhouse Street with-my brother Allan and Jack Phillips. We were in the middle of the road walking in the direction of the Railway Station. I know accused Mr Muir. I saw him Uhatf. evening in Moorhouse Street while we were walking down the road. ;He was on the footpath. He was going down the same -way as us. Tt was getting on towards, dark. . He was staggering along and once he nearly stagged into the drain. He then staggered against Mr Sharpe’s gate put his hand over 'and opened ft and walked in. He ’.vent up the path. I do not know where he went once he got up the path, as we were 'then past the house. I do not know whether he saw us or not. We were down by Chapman’s house when the firebell rang. We were not walking very fast. It was about 5 or 10 minutes after we saw Muir .go into the homse that we heard, the firebeil ring, We were all standing in the middle of the road when we saw him go in the gate. To accused:—l did not see you set fire to the house. I only saw you go in. . -

John Samuel Phillips, sworn, said I am 15 years of age and reside with my parents at Aylmer Street, Ross. Tam a paper runner. I remember the night of the fire in Mr Sharpe’s house. At about 7.50 p.m. that night I was in Moorhouse Street with Allan and Tommy Vincent. We were walking in the direction of the Railway Station on the middle of the road. I saw the accused that evening at that time. He was on the footpath in Mcorhouse Street. He was staggering from one side of the footpath to the other. • I have known him for about two years. Tie appeared to be drunk. I cannot say whether lie was or not. T saw the accused against Mr Sharpe’s gate and put his hand over and release the catch oh the other side. I saw him open the rate and walk in. He walked up .the path. Wo walked on and did not see whore he went to. lam positive it was accused George Muir.

To accused:—l did not see you enter Mr Sharpe’s house and light the fire. I am positive it was you who

went in the gate. I did not see you come out ol nil’ Sharpe s piace.

I did not tell anybody it was a taller man than you that 1 saw going in the gate. - _ Robert James Scott, sworn said, I am a bridge builder, residing in Tramway Street, Ross. 1 remember the nigh of he fire in Mr Sharpe’s house.

Between 7.50 and 8 p.m. that evening was standing in Tramway Street in front of my daughter's bouse with my wife, Mrs Denia and Mr Douglas. This portion of Tramway Street n< which we were standing is almost opposite the rear fence of Mi" Sharpe s property, there is a section about a ciiiam wide between the toad and Sharpe’s fence.. While standing there 1 heard a piece ol timbei •crack, we looked towards Sharpe’s lence and saw a man getting over the fence, he walked down the outside of the fence until he disappeared behind a shed. Mr Roberts wlio was then with the group left us and walked down Tramway Street and turned into Sale Street. 1 should think provided the mail got over Donaldson’s two fences into Sale Street he would have been met by Mr Roberts. There was a remark passed by somebody that it was “Puddin”. 1 do not know who made the remark. “Puddin” is a nickname for accused. The man looked like accused to me, but I could not say definitely. L have known accused for nboht 12 oi 14 years. My impression at the time was that it .was accused who got over the fence and went down the side of the fence towards Mrs Denia’s shed. 1 then walked up Tramway Street with Mr Douglas,. About four or five minutes from the time we left, the firebell rang. We heard the fire was at Sharpe’s house. To accused: I did not see you go into Mr Sharpe’s place that night. I did -hot see you light the fire. 1 could not say for certain that it was you who jumped over the back fence although 1 thought at the time it was you.

Rachel Scott, sworn, said, I am a married woman, residing in Tramway Street, Ross. I remember the night of;the fire in Mr Sharpe’s house. Shortly' before the - fire I was standing in Tramway Street with my husband, Mrs Denia and Mr Douglas. We were standing in the middle of the road talking, We were standing opposite the rear fence of Mr Sharpe’s property. There

is a section between where we were standing “and . Mi” Shlarpe’s \ property about a chain wide. While we were talking I heard a paling break and saw a chap getting over Mr Sharpe’s fence., He , .walked . .down the.. s the, fence to behind Denja’s shed where I lost sight of him. While the man was gojng;along this fence Mr Roberts went down Tramway Street into Sale Street. To get into Sale Street the man would'have to'jump two other fences.

The only Streets this man could get to ffoln these SectiohS would be into Sale Or Tramway Streets. I might have passed a remark about “Puddin . “Puddin” would refer to George Muir, ns that is his nickname, I have known accused for some years. I could not say whether it was - accused or not. I do not know why I passed a remark about " “Puddin” if I did pass the remark.

Patrick Douglas, sworn, said, I am a farmer residing at Ross. I remember the night of Sharpe’s fier. Somewhere close to 8 p.m. that night I was standing in Tramway Street with Mr and Mrs Scott and Mrs Denia. There was another man there but I was not sure who it was at the time. I heard a bit of a row against Sharpe’s fence, something like a piece of wood breaking. A man got either over or through the fence into the section which belongs to Mrs Denia. He went along the fence in a crouching attitude with his arms hanging down. He disappeared behind a shed. He went in the direction of Sale Street. He would have to get over two fences to get into Sale Street. The shed obstructed our view of his further movements. We all reckoned at the time it was accused, but I would not swear it was him as the light was not good enough. Mrs Scott passed a remark that it was "Puddin” and said something to the effect that someone must have been giving him a hiding. I believe the man who jumped over the fence was accused. The accused is known by the nickname of "Puddin”. While the man was going down the fence towards Sale Street Ml’ Roberts left the group and went down Tramway Street into Sale Street. I considered at the time that if the man got into Sale Street over the two fences lie would be met by Mr Roberts. Mr Scott and T then went up Sale Street together. Between 5 and 10 minutes later we heard the firebell ring.

James Kennedy McKay, sworn: Said am storekeeping, residing at Ross, am also Captain of Fire Brigade. I remember Ist November. That night at about 8 p.m. the fire brigade wasi called to a fire in the house of Mr Sharpe in Moorhouse Street. The building is a four roomed one fixed in the soil. The origin of the fire was in a hack bedroom, just inside the door and the fire commenced about 3 oi 4 feet from the floor and about 3ft from the ceiling. There was a burnt towel or some other similar article on the floor when we arrived. Messrs Thomson and Chapman were there when we arrived. The fire was extinguished without much trouble. T am quite satisfied from my experiences as a member of the fire brigade extending for a period of over 20 years and my examination that this fire had been deliberntelv caused. There was nothing, about the premises to cause an accidental fire.

John Crowley, sworn said: Am Police Constable, stationed at Ross.

On Saturday evening Ist. November T was home when the fire, hell rang at 8 p.m., I iminodintelv went to the

scene of the fire which I located in Mr Sharpe’s house, I arrived at the house before the. brigade as I live nearby. On going into the house found Messrs Chapman and W. Thomson in the back room endeavouring to extinguish the fire, there were then other people on the premises. I examined the seat of the fire, it had apparently been extinguished in the wall when .1 arrived, the fire was still burning in the ceiling, it was extinguished ou the arrival of the brigade. I made' a. careful, examination of the room and building, there was nothing in tliis room or any other-part of the building likely to cause a fire. It was quite evident the place had been set on fire. As a result of the enquiries made I interviewed the accused between 15 and 20 minutes after the alarm had been given. 1 obtained a statement from him.as to Ins movements on the night of flic fire. Statement produved (Exhibit “A”). He gave his statement quite freely, he had apparently been drinking hut was by no' means intoxicated. The following day made an examination of the yard and the rear of Sharpe’s premises. I found fresh track through Ihe long grass through the back of the fence where some person had got over (he fence. I also found a freshly broken paling hanging by a piece of wire where the marks were on the fence. The paling produced is the one (Exhibit “B”). On the 11th. November I was present when the accused was again interviewed as a result of enquiries made in the Interval. He was interviewed by Detective March nnd myself. He made a further statement as to his. movements and in respect of what he had been informed bv us. Statement produced (Exhibit “C”> which he signed. Henry Charles March, sworn : Said I am a Detective stationed at Grevmouth. On the 11th. November ;n.

Ross Constable Crowley and I interviewed the accused as a result ot the enquiries made from the time his first statement was taken from him as to his movements on the night of the fire. He wa.s informed as to what we had ascertained subsequent to his previous statement and his replies were typed out. He was given the statement to read, over which he did, and which he said was correct and signed same. The statement (Exhibit VC.’’) is the one referred to. I produce a plan of the Township of Ross (Exhibit “D”). This concluded the evidence. The accused pleaded not guilty and reserved his defence.

The Bench considered a prima facia case had been made out and committed the accused for trial at the next sittings of the Supreme Court at Hokitika.

Bail was allowed. Accused to enter into a recognisance in the sum of £IOO and two sureties of £SO each, which was forthcoming. To accused: —l did not see von go tip Mr Sharpe’s property that night. I did not see you light the fire. I reckon it was you who got over the fence but would not swear to it.

George Joseph Roberts, sworn 'said

I am a bushman residing in Moorhouse St. Ross. 1 remember the night of the fire in Sharpes’ house. That evening about 7.55 p.m I was standing in Tramway Street with Mrs Denia and Mrs Scott, we were standing in the middle of the road opposite the rear fence of Mr Sharpe’s section. While we were standing there I heard something like a wooden rail or paling breaking. I looked over and saw the •form of a. man getting over Sharpe’s rear fence into Mrs Denia’s section, the man walked along the fence at the back of the section, he appeared to he in a crouching attitude, he walked in the direction of Donaldson’s section. Somebody made the remark “there goes Puddin’” hut 1 am not certain who passed the remark. 1 know the accused, 1 could not swear it was him. 1 went down Tramway street into Sale street, l was on my way home and also thought 1 would probably meet tlm man coming down .Mrs Benia's section and that he would conic out in .Sale street, I saw the man jump over Donaldson’s fence into Sale street, ih - ’ man was accused. I have known him all my life". I asked him who was chasing him, he said “nobody”. He asked me to come and have a drink, 1 did not do so Init walked on towards my house,'] do not know what accused then did or where he went. J went straight homo then, and put a parcel on the kitchen table and Went straight out again. On the wa.v up Moorhouse. street I met Mr Chapman and We both walked on together. When we reached the front of Mr Sharpe’s house we noticed smoke coming from the rear of the house, I went and gave the alarm while Mr Chapman went into the house. It would be about 5 minutes from the time 1 saw accused get over the fence into Sale street un--1.1 we noticed the smoke coming from Sharpe’s house. There are two fences between Sale street and Sharpe’s rear fence. 1. was qute satisfied that the man 1 met in Sale street when he jumped over the fence was the same man I saw going down the fence from -Mr Sharpe’s place to Donaldson’s fence.

I To accused :—1 did not see you goI ing on to M.r Sharpe’s premises on the ! night of the fire. 1 did not see you | light the fire. I could not tell it wits you who jumped over Sharpe’s fence, but I knew it was you when you jumped over the other fence. Walter Thomson, sworn, said :I am a farmer residing at Ross. t remember the night of the fire at Mr Sharpe’s house. P came down Moorhouse street that night with Mr Anderson at about 8 o’clock. We met Mr Chapman - who told us there was a fire in Air Sharpe’shouse; I went into the house with Air Chapman, we went in by the front door which was not locked. ■ We located the fire in the corner of a back room, the fire had commenced about 2 feet from the floor and was burning upwards, the corners of the wall and ceiling were alight; the fire had not been going long in my opinion. We put some water' on the fire and extinguished the fire on the wall but the ceiling was still smouldering until the arrival of the brigade. • ( When The

brigade arrived we left the house, I

walked down Moorliouse street in the direction of Nolan’s hotel; 1 met the accused standing on tlie 'footpath near the hotel, he said “ain’t the h thing going.” i had not mentioned anything to him about a lire then. 1 told him that it was out; that was all the conversation that passed between us and I continued on down the road. No .sign of lire could be seen from whore I met accused. 1 did not take any notice of the contents of the room when we discovered the fire.