ALLEGED ARSON.

Waikato Argus, Volume III, Issue 212, 20 November 1897, Page 3

ALLEGED ARSON.

THE CASE DISMISSED

The Magistrate's Court, Hamilton, was occupied all clay on Thursday hearing the charge brought by F. YV. Browning against Johanna Kieley, aged 16 years, that she did on the 9th inst. unlawfully, wilfully and maliciously set fire to his dwelling house, situated at Tauwhare. Capt. Jackson occupied the Bench, Constable Forbes conducted the prosecution on behalf of the police, and the accused was defended by Mr L. O'Neill.

Constable Forbes briefly stated the case as follows : —On the night of the 9th November Mr Browning was absent from home, being in Hamilton. The fanvly retired to rest between 10 and 11 o'clock. Miss B-tts, who had been suffering from toothache, woke up during the night ami heard a big noise, on getting up to see what was the cause she found the pissage full cf smolic, and shortly after wards in the bedroom usually occupied by Mr B owning discovered a tongue of fire issuing from the top of a chest of drawers. With the assistance of the other ladies the fire was got under. Accused came into the room in her night dress, but the impression of the family was that she had her nightdress over her clothes. After the fire was extinguished a basin was found on the chest of drawers with rags soaked with kerosene in it. The evidence would show that this basin was seen ou the kitchen table at 11 o'clock on the previous night. When the room was being locked until the police should arrive the basin was missing, and was shortly af ret wards found in the accused's possession. The evidence would also show that there had been unpleasantness between accused and informant. Accused had a great objection to milking the cows, which work she was compelled ta do about once a fortnight when Mr Browning came into Hamilton. She had been heard to say that he stayed away simply to spite her and make him milk the cows, but she would pay him out. The first witness called was Gertrude Betts, who said :—I am informant's governess. T know the accused who was a servant at Mr Browning's house. I remember the night of the 9th November very distinctly. I went to bed on that night about 10 o'clock, and was suffering from a slight toothache at the time. 1 went to sleep very shortly after retiring and did not wake up again until about half-past 2 on the morning of the 10th. The toothache got more severe and woke me. [A plan of the house was then produced]. 1 occupy a bedroom alone—the next one to Mr Browning. The first thin? I hiard was the clock in Mr Browning's room striking the half hour. Then I lit a candle aod got up &nd prepared a plaster to put to my face, wrapped my head up and got into bed again. About seveu or eight minutes afterwards I got up and took the plaster off and went to bed again, covering my head with the bed clothes. I did not sleep. Then I heard a noise as of a blind flapping in the wind in the next room. I took tiie noise to come from Mr Browning's room, which adjoins mine. I thought of getting up with the inten tion of closing the window in Mr Browning's room, but did not do so for fear of bringing on the toothache. After about 10 minutes I heard a noise as of sticks cracking, and later on a fearful noiss which 1 thought at first might be the titree cutter, which was just outside. Then I uncovered my head and listened more intently and made up my mind that it was not the titree cutter. Then I heard a roaring noise, and could liken it only to a traction engine passing, but could not account for one being so nc<\r the house as this appeared to be. I jumped out of bed to go and have a look from the front of the house. I came out into the passage and found it full of smoke. I rushed to Mrs Browning's bedroom door, and found it bolted, which I know was an unusual thing. I called out fire very loudly—loud enough for the servant girl to hear in her room if she had been awake. I believe she was a sound sleeper, and always had to be called in the morning. 1 rapped at Mrs Browning's door very loudly until I heard voices, and then rushed into the dining-room, because it was the last place in which I had seen a fire on the previous night. Finding no fire there I turned back and found that the smoke was issuing from the door of Mr Browning's bedroom, which was then open. Hushing into the room I saw the wall above his chest of drawees between my room and that of Mr Browning's in flames, and there was u, dense smoke from the wall. The flames came from a wash hand-basin, which was placed upon the chest of drawers. [Basin here produced]. The basin produced is the one from which the flames proceeded. The basin was right up against the wall. Close to the basin on the diawers and in the basin were some rags which still smell of kerosene. \\ hen I saw where the fire originated I rushed into my room, and seizing a jug of water dashed the water on to the basin. 1 then went out of the room and met Mrs and Miss Browning, Miss Kathleen Hume and Frank Browning, the little son. The servant was not there. Miss Browning had a jug of water, which she also threw into the fire, and I heard her say " We shall soon have it out " as I was running to get a bucket from the back of the house. I went down the passage and through the kitchen, and passed the accused's bedroom door. I cannot say whether the back door was locked or not, as I was excited at the time. When I returned with the bucket if water the accused was in the room which was oh fire. This was the first time I had seen her. The time that elapsed from when I went out for the water till when I returned was about two minutes. When I came back the accused was stand.ng in the room in her nightgown. I don't think she had boots on, but did not look and did not notice anything peculiar about her appearance. I did net see her help to put the fire out, and thought she appeared rather calm. She did not speak. On my return with the bucket of water the flames had gone, but there still seemed to be smoke. I threw the bucket of water against the wall, and went for another one to the bathroom, where I met Miss Browning filling a jug. I cannot remember what 1 did with the second bucket of water, but took it into the room. I said to Mrs Browning in the presence of Miss Browning, " We had better move the chest of drawers." I moved them myself, but before doing so I took the basin (produced) from the top of the drawers. It was quite cold, the flames having been extinguished. I handed it to Mrs Browning, but did not think of kerosene then, and did not look in the basin for rags. I remarked, " What is the meaning of this ?" " What is her basin (meaning the accused) doing here?" I knew that the accused had been usicg the basin in her bedroom. There was only one other en-> nr.elled basin in the house, and it was much larger. The accused >vas in the room all the time. Accused very often took this basin into the kitchen and used it for other purposes too. Mrs Browning said, " Does it not smell very strongly of kerosene," or words to that effect. I smelt it and said I was so choked with smoke that I could not notice any particular smell. All the time I saw the she was standing on the left hand bide of Mrs Browning. We then found the pieces of cloth saturated with kerosene ou the top of the chest of drawers near to where the basin had stood. There were some pipers ou which the basin stood on top of the chest tf drawers. (Thick layer of charred papers produced). I noticed the bracket produced, at the time, it was on the chest of drawers, but the charred slipper produced I did not see. The file of charred papers produced was hanging on the right hand side above the chest of

drawets. Another file on the left hand Mile escaped a'niost untouched. We all seemed to leave the room together at ;i quarter to five by Mr Browning's clock, and that is the one I have been going by in this evidence. Jn consequence of a conversation in Mrs Browning's bedroom, we went to look Mr Browning's bedroom door, and missed the basin. Miss Browning and I at onee went to look for it We looked in accused's room, but did not find it. I then ran outside and looked in the coal house and wash house without success, and returned to Mrs Browning's bedroom. The basin was found and put into the room, which was kept locked until the arrival of Constable Forbes. To Constable Forhes : Some time, about two dajs before the fire, 1 saw that the wall paper and the scrim above the chest of drawers had been cut or torn, and this was the spot where the basin was placed. The morning after the lire I went into my bedroom about S o'clock or half-past S, and found accused there. Accused remarked that the wardrobe in my room (which was up against the charred wall) was all wet I said how could it be otherwise, considering all the water we had thrown. She tin n asked me if I had heard any noises during the night,"and what made me get up. I told bar briefly about the toothache and the noises. Accused said " What did yew come, out of your rcoin at that time of night, ami it shuck me that .-he emphasised the word you. I said it would be very strange for anyone to waken, and hear such noises, and no' get up to find out the cause. This is the only conversation I have had with the girl on the subject. Personally I know nothing as to whether the relations between MiBrowning and accused are friendly or otherwise.

Cross-examined by Mr O'Neill : j have known the accused since last December and know nothing against her, but do not think she had done her work well. Ido not know whether the window and French doors in Mr Browning's bedroom are fastened at night, a-.d, generally speaking, the front door is not fastened at night. On the night in question Mrs Browning told me tint she thought she heard a footstep on the verandah somewhere between the time she went to bed and when I called her. She also said she heard footsteps in the hall, and that she got up and bolted her door without looking to see who it was, as she felt nervous. I did not hear the degs barking that nuht. Ido not know who put the basin,or thekeiosene, or the rags on the drawers. The kerosene was kept in the coal-house outside, accessible to everybody. 1 saw the basin in the kitchen about G o'clock on the night of the fire; Miss Browning was washing some teacups in it at the time. I do not know whether the basin was in the kitchen when accused went to bed. 1 could not say that the footsteps heard by Mrs Browning were those of the person who got the basin ami the kerosene and made the fire. I cannot say that accused started that fire. 1 did not see accused go for water during the progress of the fire. I could not say the accused did not help to put out the fire, but I did not see her ; I was excited at the time. I am quite sure I did not throw the basin out of the window or the side door. Miss Browning got the basin from the accused, and Frank Browning was with the accused at the time. There have never been any incipient fires in the house since I have been there—thirteen months. Mrs Browning went into the kitchen after the accused went to bed—that would be about 10 o'clock. Mrs Brownintr could have annexed the basin then out of the kitchen. To accomplish the act the girl would have to go from her bedroom through the kitchen, then right along the passage past all the other bedrooms into Mr Browning's room. Accused was not a quarrelsome girl. She had to milk one cow about once a fortnight when Mr Browning was in Hamilton at the Masonic meeting. I have never heard her complain. 1 broke a string or a note on the piano one day, probably on the day of the fire ; but Mrs Browning was not at all angry, and we had no words. To Constable Forbes : The lock on the front door was a draw lock, which could only be opened from the inside unless one had the key. It was the custom to leave the key in the outside of the door except when Mr Browning was away I could not say whether the key was in the door that night or not. Mrs Browning said she heard someone walking stealthily up the passage. She said she heard a step on the verandah, but afterwards said it might have ben the dog, which was loose at the time. 1 have seen the tin used for tilling the lamps upon a shelf in the kitchen, and it was quite possible there was some kerosene in it that night. The tin would hold about a pint. I have had occasion to go to this tin, and have found kerosene in it.

Margucrita Alice Browning, wife of informant, said : 1 know the accused. She has beeu in my employ about 11 months ; but left on the 12th inst. On the 9th of November, my husband went into Hamilton and remained there all night. 1 retired to bed between 10 and 11p.m. I went into the kitchen after the accused had retired to get a cup for myse'f an J a glass for Mis 3 Betts. I recognise the basin produced ; it was on the kitchen table. 1 saw it there when I took down the glasses. Shortly after this my daughter tnd myself retired to my room ; we may have sat for half an hour over the fire in my room. Before getting into bed I opened my bedroom door, about six inches, as is my custom. My son, Frank, slept on a sofa beside my bed, and Kathleen Hume slept in my dressing room. My daughter and I thought we heard a strange noise, and 1 got out of bed and listened at the open door. I fancy my daughter got out of bed too. We heard a flapping noise and came to the conclusion that it was the blind in Mr Browning's bedroom. This was before we went to sleep. I remember shutting the window, both top and bottom, in the afternoon, my daughter was with me at the time. I do not think Mr Browning's bedroom door was open when I went to bel. After going to bed again I went to sleep, but was awakened with a stait. I do not think I had been io bed long. I heard stealthy steps in the pissage, and both my daughter and 1 sat up in bed. I am positive the steps came from the direction of the kitcheu, as 1 heard the jingle of the dinner waggon, which stood at the dining-room door, as the person passed. I cot up and bolted the door, but did not look out. We listened for about half an hour, but the steps did not return during that time. I then heard a noise ou the verandah, and my impression was that the person who walked up the hall had gone on to the verandah. I went to sleep again, and was awakened by Miss Betts. I recognised her voice. As soon as we had roused the children I rushed straight to the dining-room, thinking the fire was there, as we had left a small lire there before going to bed. By this time my daughter was iu the burning room with Miss Betts, but when I got there there was no flame only live emt-ers, anil Miss Betts was throwing water on the wall. 1 was half suffocated by the smoke and the teirible smell of kerosene. My daughter opened the French casement. 1 saw the basin, and Miss Betts handed it to me, saying : " What's this doing here '.' Her basin." The accused was there at the time. To the best of my belief I put the basin down on a black table in the same room. The table was near the F tench casement, which was open. I am positive Miss Belts did not throw the basin out of the casciiKii'. I smelt kerosene on the basin when it was handed to rr.e, but cannot say if the rag was in it at the time. The lag in the basin was a piece of pink llannelletto. The piece ol fiuucllettc produced is similar, it was hanging on the easel in Mr Browning's room on the 9th inst., and when I put the basin down someone told me " Not

to go out of the room, but watch her," and 1 remained. I knew this referred to " Jo." I did not see accused assist in putting Ihe fire out, but she told me afterwards she had done so. Accused left the room belt re I did so. When she vent out of the room my boy went with her. I faw the basin against the wall and knew there had I een a dcliW rate attempt at destruction, The do rof the room was locked when we made sure the fire was out. 1 sent for the police. The next time I saw the basin was when my daughter got it from aroused »nd brought it into my bedroom. Accused always did her best, but was not a cood servant. Milking was not part of her work, but sinew we have been without a boy she had to milk one cow and sometimes two-once a fortnight-when Mr Browning was away in Ham'ltnn. Accused said her father and mother oh-jt-cted to her milking cows, but I don't think the objected to it herself, as when the boy was there she sometimes asked mi; to let her milk, but I think she objected to oblige Mr Browning. Immediately after th.i fire accused said Mr Kyre must have done it, or perhaps Mr Uoild had done it, because informant and \'r Kyre were not good .friends. I told her 1 could not listen ».o that for a moment, as I believed it was done by someone in the house. Accused said " Well, who do you suspect '!" I did not accuse her, but lold her the police would find that ont. Accused said she ecu Id almost swear had not done it, but perhaps someone hid done it in their sleep. She also sad ■ "I or Miss Butts or Miss Browning or Miss Hume or you (witness) might have done it in our sleep " On the day of the fire Mr Browning sent a postcaid to Frank saying that he would not be home. Accused was annoyed at this atid told me that Mr Browning had on'y staged away to annoy her ami that he would be mistaken, and that she would pay him out (or words to that elleci). Ac cased had nolice to leive before the day of the fire. About thee weeks before the fiie accused was all ready to go lor a ride when Mr Browning came home and would not allow In r to go. 1 heard her mutter: " I'll pay him out." (Continued on fourth pogv).

I thought .she intended to pa> him out by not milking tho news, not, by burning the house down. The night after the fire, as there was i o lock on the kitchen dour, Mr Browning tied a rope from the kitch n door to the bathroom door on Ihe opposite side, leaving the girl access to the hitehen and her bedroom only. During the night Miss Betts, my daughter and myself heard thrse distinct pulls at the door, but we did not go out, and Mr Browning was asleep. The next morning she asked what was up last night, but when asked said she hail not been out of bed On the morning of the 12th as Mr Browning was about to leave with the accused to take her home, a horao was discovered dying. We all went down, accused was there, and she said she wondered whether the fire was all right, and offered to go up Mill see, but I would not allow her to go. Cross-examined by Mr O'Neill : I told Miss Betts I heard a noise, which 1 thought was a footstep on the verandah. I heard footsteps in the hall, but did not know whose step it was. Accused went to bed, and her light was out before I went into the kitchen on the night of the fire. The basin was then in the kitchen. It was not used exclusively as a wash basin by accused, but was used tor other purposes. I cannot say whether there was any kerosene in the basin when I saw it in the kitchen. Accused always had to be called in the morning. I will swear that Miss Betts did not throw the basin out of the French casement. I had a conversation with accused, ami she told me that she had told Constable Forbes that Miss Betts threw the basin out of the casement. I (witness) did not say: "That is perfjetly true ; Franky and you saw Miss Betts throw the basin out of the window. .Stick to that no matter what Miss Betts says." My son Frank says lie saw Mis 3 Betts throw the basin out of the window, and he says so still. When the basin was handed to me I did not notice any rag in it, but my impression was that there was none. I don't think the accused had any pink flannellctte ; I had never seen her with any. Our reason for suspectina accused was that the wall was scratched in Mr Browning's room some days previously. I cannot say which door accused left the room by. There was no one present when accused said that Eyre or Dodd must have done it. My son Frank never said iu the presence of accused and I that someone must have done it in their sleep. I did not say at that time, "You Miss Betts or I might have done it in our sleep. That I had read in a book that a man had once stabbed his wife in his sleep, and that afterwards he used to stab the pillow." But I did say that it would be impossible for anyone to do it in their sleep, and accused replied, "Why I have heard you telling Miss Betts that a man had once stabbed his wife in his sleep, and was not punished on that account." I said " Yes, that was in a novel, but he would have been punished in real life." I remember telling accused's mother that she was a smart girl and was improving. On one occasion Mr Browning told her that she told a "dashed lie." She did not show any bad temper except with Mr Browning. I cannot swear that it was accused who pulled at the kitchen door the night after the fire. On the night of the fire I locked the front door. It was always locked when Mr Browning was The top sash of informant's window was open at the time of the lire. I have been living at Tauwhare for 17 years. During that time we have only had one fire, and that was when the house was burnt down, about 12 years ago. About two years ago we had an incipient fire. It burnt a sheet which was hanging before the fire. While living in Hamilton about four years ago we had a fire which was put out by Mr Cribble. To His Worship : After the accused had left on the 12th inst. I found a large cut in the passage wall. The paper and the scrim were both cut. This was hidden under a curtain. In between the wall and the scrim was a piece of an Irish Times newspaper which I gave to the accused the day after the lire to put a frill on the edge of the bootshelf. [A paper frill vandyke shape was here produced showing a tear into which the piece of paper found under the scrim fitted exactly]. When accused came into the room at the time of the fire she was dressed in her night-dress : but I did not Dotice whether she had her boots on.

At this Mr O'Neill asked His Worship if it was any use going on with the case.

His Worship said that up to the present there had been no evidence to connect the girl with the crime.

Constable Forbes said a very grave offence had been committed by someone, and he was determined to go on with the case.

The Court then adjourned until 7. '>o p. m

Francis "Wise Browning, the informant, said : I was in Hamilton at the time of the fire. On several occasions 1 have had to correct accused for telling lies, and have used the expression " dashed lie.'' Ido not know why accused should have any special aversion to me, but I knew tkat she resented milking the cows. She was naturally spiteful. On the night after the fire I caused the candle to be taken away out of accused's room by my wife. I had removed the kerosene from its usual place and took the lamp with the kerosene in it out of the kitchen. I al>o locked the outer kitchen door and put the key in my pocket. After I had been in bed a short time I got up again and tied a rope from the inner kitchen door to the bathroom door, so that no one could get in to the other part of the house. 1 went to bed again and went 10 sleep. On the day after the lire I examined the tin used for filling the lamps and found it leaked slightly, so I soldered up the bole, and placed it back agaiu on the boot shelf. There was no paper on the shelf at the room. I first saw the paper en the shelf on Friday, and the paper frill produced is the one I saw along the edge of the shelf. I then saw the spot where the wall paper and scrim were cut,at the end of the hall near the kitchen. I took a piece of paper from between the scrim and the wall at this spot. 1 examined it and found that the piece of paper iu evidence was torn from The Irish Time?. I then took down the paper frill from the boot shelf, and found that the piece of papi-r from the hole in the wall litted exactly into it. I then replactd the small piece of paper under the scrim and pointed it out to Constable Forbes on the following Sunday. Cross-examined by Mr O'Neill : I can not tell who put the small piece of paper into the hole in the scrim. J discovered this paper, and where it came from oiiginally after accused left the house. It was quite possible for anyone in the Imusc to place the piece of paper tin re.

Constable Forbes stated : On Wednesday, HUli lust., 1 went out to complainant's house to enquire re the charge now before the court. On my anival Mr Browning's bedroom was locked up. Whin it was opened a very strong smell of kerosene was noticeable. I found that a portion of the v.all had been burnt alout 3ft wiile and utt Idyll (beards produced). 1 found everything in place as described by the other witnesses, and when I placed the basin upon the spot it. originally occupied the edge touched the wall. When I questioned accujed she said she bad never had any words with Mr Browning, and liked the family very much, and was sorry to leave. Accused also told me that she went into Mr Browning's bedroom in her nightdress, and while there saw Miss r.etts; hold the dish up to Mrs Browning and say what is the meaning of this, and then dash it out of the window. Acfused also said she suspected no '»\r. To Mr O'Neill : Thel.oy frank Biowiiinji swore that Miss Bats threw the basin out of the window, and was alao

prepared to swe.T that his mother set (ire to the house, but I have every reason to believe tint he has been pr.mod by accused.

The Constable then said bo had another wi'ness to call, but would like an expression of i.pinion as to whether it was any use going on with the case.

His Worship replied that there was no doubt a crime lvul been committed, but the question arose who had done it. The constable had only done his duty. The evidence did not in any way connect the accused «ith the eiime, and he could onlv dismiss the case.

Mr O'Neill applied for costs, but His Worship refused to allow them.

A great deal of interest was taken in the cite, and the courthouse was packed during the evening sitting.