SUPREME COURT.

Lyttelton Times, Volume LVI, Issue 6490, 15 December 1881, Page 3

SUPREME COURT.

timaru. Wrdhbsdat, Duo. 14. (Before his Honor Mr Justice Johnston.) AMOR. Abraham and Lewis Moses were charged on four oounis, with feloniously and unlawfully setting fire to a shop belonging to Charles tlowkor, on Aug. 7, with intent to defraud (I) the said Charles Bowker, (2) the Imperial Fire Insurance Company, (8) the Hansoitio Fire ineurunoc Company, of Hamburg, and (i) the Norwich Union Fire Insurance Company. Prisoners being separately charged, pleaded " Not Guilty." Mr White conducted the prosecution, Ur Stout and Mr Perry appeared for the prisoners.

His Honor asked Mr White if second counsel was not allowed him. In some oaaes it was almost impossible for the work to bo done by one man. The following jury were called s—A. Jordan, J. Thompson, P. M’dhane, T. W. Leslie, G. Woodhead, G. Bradshaw, T. W. Rglestone, E. Pelvin, J. Fraser, W. Earle, W. Frew, and J. Radford. A number of jurymen wore challenged by both sides as they came forward.

Mr White, having - elated the ease called the following witnesses Thomas Maohin, architect, who proved the accuracy of a plan of the shop. A model.of the shop, showing the internal arrangements, was put in, and the witness certified to its accuracy, and gave evidence generally as to the arrangements of doors, 40. Mr dtont objected to the plans, as windows and doom of the adjoining shop wero not shown, although the walls were. B. J. JLano was called to prove the aoouraoy of the model above mentioned, he being the maker.

Xo Mr Stout: I made the model from Mr Maohin’e plon, and after an inspection of tbs premises about a month after the fire. Mr Stout asked this witness several questions with the intent, as he stated, of proving that the model was the work of three persons—hi aisolf, Mr Maohin, and Mr Fender j that a good deal of hearsay had entered into the data for the model as well as measure* mente and personal observations. ' H, Coxbead, photographer, proved agree* ment (put in) between Abraham Moses and Charles Bowker for three years* lease of the •hop, and the occupation thereof by the prisoner. H. A, Templeton, stationer, who has a shop, and lives next door to the Cash Palace, noticed that the latter place was closed earlier than usual on the night of August 6, about half-past ten. Was awakened by a dense suffocating smoke about 6.50 on Sunday morning. Looked for the fire, but could not discover it. Went across the street for his brother, and they looked about Feeling glass door of the Cash Palace, found it very hot, and then sent for the police. Cross-examined by Mr Stout: I never saw the Cash Palace closed at ten on Saturdays. It was usually closed at eleven. Inspector fender was the next witness: Recollected being called on. the morning of Aug. 7, about a quarter-past six. Wept to the Cash Palace. Found the place closed in front, outside window blinds up, and insides of both windows and doors closed up? so that nothing could be seen of the interior from the outside. The glass of doors and windows was quite hot. Thera was a little smoke issuing from above the door. There were a few people present. Placed a constable and another person in front with instructions not to allow any one to break in, and went to the back by a passage, and found the back doors and windows closed, and the windows dark. He left Detective Kirby in charge of the bock, and sent for the Fire Brigade. Before the water was got, Lewis Moses arrived, and witness asked him for the key. Be replied that it was at home, and witness bade him go for it as quickly as be could. (The prisoners lived together on Le Cron's terrace.) Before Moses got back water was obtained, and three men forced open the door. The hose was taken in immediately. Witness went in, but was forced back by the heat and smoke, but he saw no domes. Went in again with Mr Turnbull and Captain Amos of the Fire Brigade. They crept along on their hands and knees behind the left hand counter, and witness saw fire glowing under the counter, the flames seeming to come from the floor, and had to retreat again. (Position of fire pointed out by witness on the model.) A few minutes afterwards one of the firemen, George, brought out a can containing kerosene, which was quite hot. The Brigade having mastered the fire, he went in and examined the place. He saw that a strong fire had been burning under the counter, a portion of which was burned underneath. It appeared to him that the fire had originated on the floor, where a quantity of rags of tarlatan, a light material, wore lying. The flooring boards and one of the joists were burned completely through; and the floor, was burned a little on the opposite side of the counter. The rags were saturated with kerosene. (Some of the rags produced.) (A case, very much charred inside, was here produced, and the witness recognised it as having been found in the shop near the fire.) Witness gave a description of the doors and windows of the premises, bis evidence showing that the place was securely closed. Before an entrance was effected he noticed that the window fixtures inside were hung with clothing, so that ho could not see inside; but bo did not notice the condition of the windows afterwards. Ho saw prisoner Lewis Moses, and asked him where his insurance policies were, and he replied that they were in the bank. Witness asked where hie books were, and he replied (pointing to a spot on the right hand counter on the opposite ude of the shop from where the fire was found) : « I left them just here, but they’re not here now. I can’t see them. They must bo about here somewhere; but £ can’t find them. Witness searched the place, but could not find them. Abraham Moses was present. On the afternoon of the day of too flro witaeM went with Detective Kirby to the prisoners bouse, and asked for permission to see if there were any goods in the house. Permission to search was given, but none wore found. Abraham Moses stated that the boy Corton bad told him that afternoon that witness had been speaking to him about the fire, which was true. He told Moses that the boy had said be had never seen (ho ease before that was found under the counter. Both prisoners entered into the conversation, and said they bad never seen the case before j it was a mystery to them; they could not make it out; they did not know how it came into the •hop. There was something said about the kerosene. They said (be reason they kept the kerosene under the counter in the shop was that the place at the bacs was too warn in summer. They used a kerosene lamp in the back office because the gas jet there did not give light enough when the jete in the shop were turned on. Cross-examined by Mr Stout: There was some kerosene in the can when taken to the station. It was found that the oan leaked, and the oil was taken out, and put back—by Detective Kirby, I believe. Bis Boner said it was a very questionable *ort o! proceeding, to take out the oil and put it back again. Witness s Whatever it was, it was carefully taken care of I believe. There were oalioo blinds outside the windows. There were elotbes or something bung down inside which darkened them altogether. They were not darkened by the smoke merely. We could not see into the shop at uIL There were several wooden eases in the ebon larger than the one produced, but none other was burned. I cannot remember whether there were any in the lean-to at the back. Idid not notice whether the back place bad a mstchlined ceiling. There were several cases in the back yard, but none similar to the one produced. I do not recollect asking tbs Messrs Moses why they bad oases in the back room. The terletan was placed up tight, not spread about It was wet when found because the bote had been playing upon it

for perhaps half an hour. Could not say exactly when he found the tarlatan, but had no doubt it was when ho made the first search. Bid not disturb it until the Coroner’s jury had seen it. Thera was water lying about the floor, but not much, There wore goods hanging on lines overhead parallel with the counter. Borne of these wore wot. Could not say whether any of them felt. The Urletan (now pretty closely folded) was more neatly folded when I found it. There was kerosene all through it. 1 am sure that when I anted far his books Lewis Moses pointed to a particular part of the shelves behind the right hand counter, as the place where they should he. We wore behind that counter together. The email kerosene lamp produced wae In the book room. Austin Kirby, dsteotive i Was at the scene of the fire, arriving a few minutes before seven. Went to the book, and found the window of the shop closed and secure, and also the door and window of the lean-to, except that a pane of glass was broken in the window. Heard the front door broken open, and then with assistance broke into the lean-to. Found the door, between thie place and the shop, fastened on the other side. He knocked, and the door waa opened by one of the firemen. The witness then elated what ho saw on getting into the shop—the burned case, the tarlotan, a saucer, and the fragment* of another, and two jam tins near the fire. Saw Lewis Moses oomo into the shop from the street and take up from under the right hand counter a oath box and a wooden bowl with about 22s in silver in it. He pat the silver in (he oath box, and put this in an empty desk in the back room. A tin of kerosene (the one produced) waa given to witness by Inspector Fender. This tin leaked, and he took out the kerosene and put it into another tin, returning it into the tin this morning. Bid not take it out for about a month after the fire, and it leaked out, what has gone, daring that time. (The appearance of the tin, a common cylindrical old tin, with tap fitted to it, and top removed, showed that it was about twothirds full when taken from the influence ot the fire. It was now about one-third full.) The whole saucer waa got with the lamp standing in it in the book room. There wero no empty oases 1 think in the back room, bat there wero some in the yard. 0. Bowker was called to prove the occupation of the premises by the prisoner, Abraham Moses.

Frederick Corton, Aged 14, said he was employed : at the Cosh False*, on Augait o. Abraham and lire Lewis Moses came to the shop from the evening train. Lewis Moses was at the shop before. , All stayed at the shop till about half-past ten, witness remaining outside watching the goods exposed. At half-past ten he took in the goods and put up the outside blinds, and the covers over the shelves, and then commenced to turn out the gas. Left one gas jet alight till they came out. Mr Moses turned off the meter just inside the window, and witness then turned out the last jet. Lewis Moses then looked the door, and witness went home, southwards. The windows were frosted about three weeks or a month before ho wont to work at the shop. Xhe fanlight was not frosted while he was there. The green blinds wer* fitted to the frosted windows after these were frosted. On the drapery (right hand) side there was a table cloth, and some table covering hong inside the window. At the back window of the •hop there was a small white blind up by day, and a green blind by night. ' To Mr White ; 1 do not know how long Abraham Moses was in business at Geraldine. The place where the matches were knocked over was just opposite where the fire was.

Uis Honor : What on earth does it matter where they were knocked over P It cannot affect the case whether matches were knocked over or not

Mr White : It may affect the argument of the other side, wbo may bring forward the rat theory to account for the fire. His Honor : There were rata about and there were matches about,- and counsel will no doubt moke use of those facts if they think they can make anything of them. Xhe Court now adjourned for half an hour, at 12.80. On resuming, Mr Stoat recalled the boy Gorton to ask him if he reoogniied Mother pocking ease in the Court. He did »o. It was used to keep coals in the back room. Mr White then called

Thomas Giesse, a member of the Timaru Sire Brigade, who gave evidence as to the breaking open of the front door. After awhile be made his way to where the fire was burning. Got down on the floor and pulled a box out from below the counter near the middle. The hose had been playing some time then. Thought the box was a aerosehe case. (The one in Court, the oharred case, was recognised by witness.) Another fireman, named George, bind got out an oil drum before he got the case, which he left between the counter and the walL It was then wet, the hose haring been playing npon it. I found it on the floor, not on a shelf. There was a shelf under the counter, but not where the ease was. The counter was about eight inches higher than the box. (Position of case under counter shown, using Court-room table as counter.) The counter had a round hole burned through its top. Cross-examined by Mr Stout: I took the hose, and after some time handed it to Sireman Beid to play on the counter while I knocked off two boards to get the water through. I then went round the counter. There was a lot of water about, goods wet, and lying about.

Henry George, another fireman: Entered the shop when the door was forced open. Crawled along the floor behind the left-hand counter. Could just see a glimmer of fire through the smoke under the counter. Crept up towards it, and felt a round drum (the oil drum in Court), and found it contained kerosene. It was within a foot of the fire and quite hot. It waa leaning towards the fire. Took it to the door, still keeping on his stomach to avoid the smoke ae muon as possible, and handed it to Inspector Fender. The top was turned toward* the fire. The lid was not on. While at the fire touched something with his left hand, which he afterwards supposed to be the burning case. Cross-examined by Mr Stout): Could not toll how large the fire was. The tin was very close to some parte of the fire, if not to the main body of it. Within nine inches or a John Beid, one of the firemen who broke in the front door, opened the door between the shop and backroom. It was bolted with a common bolt. Detective Kirby then entered the shop from the book. William Kee, a groom at Geraldine: Was in the employ of Abraham Moses, about ten months ago. Did not see any ease under the counter. There was one used to stand goods onoutsids. His Honor» What possible use is there in ascertaining what case* were in the shop six month* before the fire f To Mr Stout t There was kerosene in the Timaru shop before I went to Geraldine, ten or eleven month* ago. There were often case* at the back. The case used to show goods on was put under the counter at night. To His Honor : I was more than eighteen months in their employment. 8. 8. Bannister, chemist and druggist, deposed that his attention was drawn to a parcel of torletan by Inspector Fender a few days after the fire, and lie found a few pieces himself. They were saturated with kerosene. Cross-examined by Mr Stout t X was not told there was kerosene on it j I was asked to smell it i X opened it out and examined it. To His Honor i There is no mistaking the smell of kerosene, or of the mineral oils generally. They oan easily be distinguished from each other. Mr Curtis, manager of the gasworks, gave evidence that the gas jet in the back room of the shop was equal in power to two such kerosene lamps as there were there. Mr White explained that he wanted this evidence to meet the statements of one of the prisoner*, that the kerosene was used because the gas was not strong enough. To Mr Stout t The gas bracket as now fixed Is not suitable for working at the desk, a* it would be behind the person’s back. James Hair, bootmaker in the employ of H. Whitaker, stated that Whitaker* back

yard adjoined that ot the Cash Palace, but was separated by a wall. They communicated with a right-of-way common to both. There were about nine empty eases in Whitaker’s yard, of wbioh three were used to shade a urinal. The three were there on Saturday night, but one was gone on Monday morning, Witness described the ease that was missing, and then examined the charred case in Court, and recognised it aa the one he missed from the yard. Mr Stout cross-examined this witness at some length in the endeavour to disturb his identification ef the ease.

T. Hall, agent at Timara for the Imperial Fire Insurance Company, was called by Mr White to prove the effecting of insurances in thst office by the prisoner. Mr Stout oaken if a certificate of the incorporation of the company, or a similar document, could be produced. Mr White said he conld not prove the incorporation. A long discussion between the Court and learned Counsel then took place, from which it appeared that by a coincidence, net one of (ho throe companies interested had a legal status in the Colony. Mr White abandoned the counts alleging an intention to defraud these companies, but pressed for (he reception of the evidence of the agents to prove that the prisoners had a motive for injuring Mr Bowker. His Honor agreed to accept the evidence, subject to a case being reserved. Messrs T. Hall, W. ». Wfaitoombe, B. Stewart and J. J. King were called to prove the insurances effected on the stock in the shop in the Imperial, Norwich Union and Hanseatic offices ; the pclioiee amounting to £2460. Several experts were called by both ■ides to give evidence as to the value of the stock at the time of the fire, their estimates ranging from £760 to £9OO. One witness, a bov formerly in the employ of prisoners, was called by the defence to show that a box similar to the one in which the fire started had been kept under the counter. This closed the case, and counsel on both sides having addressed the jury, HU Honor summed np at considerable length. The jury, after a retirement of half an hour, returned a verdict of " Not guilty" against both the accused. HU Honor remarked that he supposed the prisoners now understood the verdict that the evidence was not strong enough, bat the case was certainly suspicion* against them. The Court wae 'densely crowded, and the case lasted from 10 a.m. to 10.80 p.m.