Explosion at Night

Sun (Auckland), Volume II, Issue 501, 2 November 1928, Page 13

Explosion at Night

CONSPIRACY CHARGES HEARD EX-CONSTABLES IN DOCK ‘‘The commencement of the trial in the Supreme Court yetserday afternoon of two ex-constables and a taxi-driver on charges of arson and conspiracy arising out of a fire and explosion in a grocer's shop at Ponsonby on August 29, was remarkable in that the three accused challenged no fewer than 18 jurymen. The law allows a prisoner six rejections. The accused were Thomas Francis Carroll, aged 29, Sydney Francis Waters, 33, former members of the Police Force, and James Tait, also 33. It was alleged they conspired to burn the shop and to defraud the British Traders’ Insurance Co.. Ltd., of £6OO. Carroll was further charged that he made a false declaration before a justice of the peace for the purpose of increased insurance money that the entire stock of the shop was destroyed. The three men pleaded not guilty in respect of all charges. Carroll was represented by Mi*. J. J. Sullivan. Waters by Mr. Alan Moody, and Tait by Mr. R. A. Singer.

“PRACTICALLY CLEAN BREAST” “Waters makes practically a clean breast as far as he is concerned,” said Mr. V. R. Meredith in opening for the Crown. In a written statement accused admitted it was agreed that the shop was to be fired on August 29. Waters said that ’ Tait had put the match to the building. He himself was under the influence of liquor at the time. Tait left the taxi 100 yards from the scene of the fire. Carroll also made a statement. 'At 6 p.m. on the night of the fire Waters and he arranged to remove the groceries. He knew the shop was to be destroyed, but mad© no arrangements as to the carrying out of the Act. He was at St. James Theatre while the others were at work.

Tait made no written statement. He had made the amazing statement that he had not known the others before the fire. If he were innocent there was no reason why he should be ashamed of knowing the other's. Ample evidence that he assisted to remove the goods to Mrs. Murphy'* was forthcoming. It was significant that he had rushed Waters to the hospital when he was injured by the explosion. James Irwin, of Remuera, retired, and a trustee of the late John T. Irwin, deposed that he sold the business to Carroll on October 1, 1927, for £664. Tlje fire occurred on a Wednesday and witness visited the shop on the previous Saturday. Carroll’s tenant in the dwelling attached to the shop was then moving out. Accused explained that he intended to reside there himself. After witness sold the business it declined rapidly. His insurance when he sold out was £6OO on the stock and £6OO on the building. To Mr. Meredith: The shop would cost £l,lOO to rebuild. Hearing was then adjourned until this morning. HEARD EXPLOSIONS William Maurice Crimmins, labourer, gave evidence that on the evening of the fire he saw three men get out of a taxi and go into Carroll’s shop. They brought out several cases of stores. “I was standing in Napier Street when I heard a loud explosion and saw three men running backwards from Carroll’s store toward Hepburn-Street,” said Adele Tryson. “When they got to the corner they ran the proper way.” Sarah Ryan, married woman, saw a car parked outside her house. After the fire two men got into the car and drove off. To Mr. Singer: The car was a big one with side curtains. “I am a brother-in-law of Waters,” said Raymond John Murphy, railway employee. “I have known Tait three months and Carroll 18 Witness told how Waters and Tait had brought cases of groceries to his house, 100 Park Road, in Tait’s Chandler car. Waters said the stores were his. Witness remonstrated with accused that too much stuff was filling his house. Waters said: “That’s my business.” Accused denied all knowledge of the fire. He explained his injured arm by saying he had fallen over. To Mr. Moody: At 12.30 on the night of the fire Waters was intoxicated. Lucy E. Anderson, junior night sister at the Auckland Hospital, identified Tait as the man who brought Waters in suffering from an injured hand. On Waters’s cot chart were the words: “Smells slightly of drink, but is definitely not drunk.” STATEMENTS NOT FACTS With the object of showing that Carroll’s statement had been got from him under pressure, Mr. Sullivan embarked upon a long cross-examination of De-tective-Sergeant Doyle. Mr. Justice Smith: Are you insinuating that the police are guilty of a malpractice? Mr. Sullivan: Your Honour, I think that is for the jury. I respectfully submit that I ought not be asked to disclose my case at this stage. His Honour: No, but if you suggest mal-practices you ought to be prepared to support it by evidence. You are putting forward statements as though they are facts. Mr. Sullivan: I am acting on my instructions. When counsel attempted to get an answer to one question, witness said he was there to tell the truth and was not going to say what Mr. Sullivan wanted him to. (Proceeding.)