INCENDIARISM AT WAIMATE.

South Canterbury Times, Issue 2153, 13 February 1880, Page 2

INCENDIARISM AT WAIMATE.

At the E.M. Court Waimate yestei’day, before a bench consisting of Mr Eeethun E.M. and the Mayor C. M. Clarke, Annie Clarke, George Hayes and Eobert Thompson were charged with having, on the 25th ultimo, maliciously, unlawfully and feloniously set lire to a certain house

in Queen street, the property of Joseph Maberly, with intent to defraud the Colonial Insurance Company of Hew Zealand.

Inspector Thompson appeared to prosecute on behalf of the Crown ; Mr Clement represented the Clarkes, and Hayes and Thompson were undefended.

The following evidence was taken : Win. Gilbert: I am a Sergeant of Police at Waimate. I know the prisoners. Mr and Mrs Clarke slept in a cottage at the rear of the house which was burned. The burned premises were occupied by Mr and Mrs Clarke as a saddler’s and Millicner’s shop. I was present at the fire which took place on the morning of the 25th ult. I saw Thompson there. He was at the cottage. That was when the fire had been subdued. I asked him if he know how the fire had occurred. He said, “ Ho, Ido not.” I asked him if he was sleeping, there and he replied, “ Yes; I closed up both shops about halfpast ten last night, and locked the front door of the milliouer’s shop, leaving the key inside, and bolted the front door of the saddler’s shop, also the back door of the kitchen before I went to bed.” He said it was impossible for anyone to get in without breaking the dooi’, and that he was in bed at the time the fire broke out, and had to escape through the bed-room window without saving anything. I saw him about a quarter of an hour afterwards, and asked him if he didn’t save his portmanteau ; he said “ Yes,” and that he also saved the bed-clothes and a bag of sugar that was in the same room as he was sleeping in. I searched amongst the debris and found five locks (produced). There was one locked; the others was unlocked. On the 7th of this month Hayes was liberated on bail. After he was discharged he came to the police station and asked to see Thompson. He saw him. Hayes said, “ How, Thompson, I want you to tell all you know about it; now open your mouth and tell the truth, and you can free yourself and me too.” Thompson said “ I’ve told all I know about it.” I know Hayes’ wife. She was in the police office on the morning of the 6th inst. Thompson, Hayes, and myself were there. Mrs Haves said, “ How, Thompson, if you tell the truth you can free yourself and us too.” Thompson said, No, Mrs Hayes, I cannot; Ivc told all I know.” Mrs Hayes said, “You know what you’ve told me about Mrs Clarke.” Thompson said, “ I only told you that I believed Mrs Clarke did it.” On Saturday, 7th, I had a further conversation with Hayes, Constable Fitzpatrick being present. Just as Clarke was leaving for Timaru, Hayes said, “ Clarke has got me into this about them receipts. He brought them all to me in a lump at my place, two or three days after the fire.” I know Joseph Maberly, jun. On Monday last I was with him’at Clarke’s cottage. He was in charge as bailiff. He pointed to me three boxes and a case full of clothes. I was there again on Tuesday morning. I took an inventory of the goods. I produce the inventory. It includes some saddlers’ tools. I pointed them out this morning to a man named Keeves. To Mr Clement: The locks are different sizes. I don’t know that keys were found some time ago to open the whole series of locks. I cautioned Hayes when I arrested him. I have not enquired as to whether these tools were purchased since the lire, or whether the dresses were given to Mrs Clarke, since the fire. Mrs Clarke said that a little bov had found some of the tools, and brought them to her. She also told me that she had not seen one of the hammers, and one of the awls until Maberly came there.

Bv Thompson : You told me that yon had saved none of your things. By Hayes ; I did not tell you that Thompson said Mrs Clarke set lire to the place. You asked me to allow you to see Thompson. I did not hear you ask Thompson how the lire originated. You told Thompson you would pay a solicitor for him. lie-examined by Inspector Thompson: I saw the. gauge, it was in three parts. I saw two parts of it this morning. James Sinclair, watchmaker, and captain of the Fire Brigade, stated that at the time of the lire the prisoner Thompson in reply to questions said there was a kerosene lamp in the milliner’s shop and that he could not bn certain whether he extinguished it. He also said the whole of the doors were locked or bolted, and on being afterwards informed that they were all found unlocked he replied “ I dont know what to say then.” There were but little traces of ironwork among the debris. 11. G-. Baxter, a draughtsman, stated that on the evening of Jan 29, he was in Hayes’ house at the Gorge, when Thompson said “ I have Mrs Clarke in my power and I can give her five or twelve years.” Police Inspector Thompson produced the nine receipts whicliHaycs presented at the inquest on the sth, and liobert McEwan, Manager of the Bank of Hew Zealand at Waimatc, gave evidence as an expert to the effect that the receipts belonged to the same piece of paper and he believed, were written by the same person at the same time and with the same pen and ink. The prisoners who had nothing to say ware committed for trial at the next sitting of the Supreme Court, holden at Timaru, bail being allowed as follows : For Mrs Clarke, self, in the sum of £IOO and two sureties in £SO each ; for the three other prisoners, selves in £l5O each, and two sureties each in the sum of £IOO.