The Late fire.

Wairarapa Daily Times, Volume IX, Issue 2706, 21 September 1887, Page 2

The Late fire.

An inquiry was held at the Masterton Courthouse yesterday afternoon (Tuesday) before Mr 8.. Von Stunner and the following jury; Messrs T. E, Price (foreman), E.McEwen, J. Williams, H. Peterson, J ■. Nicol, and W. Gallon. Sergeant Price oonducted the case; on behalf of the police, Mr Beard appeared for the Insurance companies, • and Mr Pownall watched the case on' behalf of Mr Schroder. The jury having visited the premises, the following evidence wag taken;

George William Schroder, syror% deposed that he was a storekeeper, and ,was carrying on business in the shop adjoining the Theatre-Royal, tko sa>

ject of the : iuquiry. On the evening of the 12th inst. he left the premises at 6.30 after closing the shop, and went home to his private residence in Colestreet. Before leaving he saw the place thoroughly secure. He left the premises by the front door, after locking the inside doors leading into the shop. The door at the foot of the stairs leading to a passage between the Theatre and his. premises, was looked on the inside, Could _"ot say whether the door "at ; the. •Toot of tTeltairsTeading to the.kitchen was locked...' The middle door, leading into the sitting room, where there was' a fire during the. day, was locked on the inside, so that a person wishing to got through from the side entrance" to the recess where the fire was ..would have had to break it open. The door between the sitting room .and the recess under the stairs was also locked on the inside. Both the window in the sitting room, and also one in the recess looking into the yard, were fastened with shutters. The door was locked between the door and the recess from the inside, he having locked-it, and left by the shop door. Went straight home, and did not leave again that night. Heard that there had been a fire on his premises at about 4 or 5 o'clock next morning. x Did not hear the firebeil. Had used gas for illumination about six months, Had fised kerosine. Was one of the first to have, gas laid on, aud had not any occasion to use kerosine since then. The recess under the stairs was used for storing firewood, lumber, <fcc. There were some pieces of crockery crates, and firewood placed there, also some paper, straw, <fec. There was a woodshed attached to the premises, in which some firewood was now stored, Went to the shop immediately he was told there had been a fire there. He could not account for the , fire that took placo_ there. Did not think there was any fire left in the fireplace when he locked up for the night; it was to all appearance out. He valued the stock at about £4OO, which way insured in the Equitable for £3OO. Some of the fittings in the shop were placed by him, at a cost of about £5, aud besides this, there was a table and desk belonging to him, which also cost about £5. The table was removed to his private residence some months ago. He valued both the stock and fittings roughly at £4OO. He had a lease of the° prem-. ises for twelve months from Mr Holloway at a rent of 353 a week. The lease was in Mr Bunny's hands. It commenced early - in December last. There was a clause in the lease, he believed, relating to fires, to the effect that if; the ■ premises were destroyed, the rent would cease, until they., wero rebuilt again. When ho commenced business, he insured the stock, which he valued, at from 1500 to £6OO. He had not received anygoodslately, bub had received about. £l5O to £2OO worth since starting ■business.' Had received some goods '.from Messrs Turnbull, Smith & Co.. . / Mr Pownall objected.to'the questions being asked, unless the Sergeant, could show.they wereirelevant. .•■: <■.■ > ;; ■ Sergeant Price said he would not pursue the questions further." ■ "'■' By Mr' Beard: Nearly alwaysiocked the doors when he left. Could not say why he locked the doors leading into the recess and put tho keys into his; pocket. He usually did so, as it made the doors secure from the back. •■lt. Would have been just as secure if the keys were left in the doors. The windows in the recess and sitting room had shutters. The others had none as they were small ar.d supplied-with patent fastenings. He had the shutters put up at his own expense about four or five months ago. Did not speak to his landlord about the expense. Any one looking from the window where there were no shutters could see if there wasa light in tho side entrance by a fanlight over the door. Anyone looking in at the recess window or sitting room window could see a fire, providing the shutters were not up. 'Did not come out again after he got home-that is, did not leave his own premises. Did not hear the firebell. Mr Dalrymple, who lived in tho same house, heard the bell, but did not acquaint witness of it. Did not usually hear the firebell, as the house was surrounded by trees. In tho recess under the stairs, where the fire occurred, there was among other lumber pieces of crates, kerosine cases, and a sailcloth used as a business sign. Did not keep an axe on the premises, but brought his axe from home to chop up some of the wood and cut tho rest with a saw. He did not keep firewood in the back shed, as he had frequently had it stolen. He often found the back gate open after lockingit the night before. Considered he had .euough wood under the stairs to last all the wiritor. Had gas laid on about six months j bad no kerosene in the. place since then. Had a fire in the sitting room for'his own comfort during the day, and likewise the previous week, as it was rather chilly. He could not for the fire occurring under •the staircase, His.stock consisted of crookery, glassware, .boots and clothingjhedidnot sell matches, There had been a fire in the kitchen fireplace some time to burn some rubbish. There was some straw lying about the kitchen. When he insured the stock Messrs Bawson and Mackay were the agents, but there was. no agent in Masterton at present. He had since been dealing with Mr O'Brien of Christchurch for boots, Messrs Turnbull Smith and Co., and. took over a direct consignment of goods to Messrs Duncan and Sons, late of Masterton. He hail also bought several job lines, arid dealt with the Wholesale Drapery' Company, Masterton,. Mr Moult, of Wangariui, and another firm in Christchurch besides Mr O'Brien, Mr Pownall claimed the protection of the Court for his client,, who, he averred, had answered all the questions to the best of his ability, He did not think he should-be pressed to disclose his private business,

Mr Beard said he intended to press for answers to his questions, The Court ruled that it was neces•sary that Mr Schroder should place everything clearly before' the jury, but he was not compelled to answer any question that would' tend 'to criminate hiaiself,

In answer to farther questions by Mr J3eard~He could not recollect any

other firm he dealt from.. His busu h'es's had not been very bright latterly. Could not say what histakings were. He kept ho; ; books.- : He did a cash i trade. _ Coiild not say approximately what his takings-had been during the last two months. 1 It had not been .£SO. Could not say if if was 5s or if it was £2O. He kept.no. books, beyond a memorandum, book, .in which'..one 'or two. were entered, He did occasionally give, credit, and entered •'them into the memorandum book. His liabili-' ties were about £100." .The stock was. considerably damaged, but he had not made.an estimate.' He would swear that the premises were paying more than sufficients pay therent. By Mr Pownall: He took the keys out of the doors from.a usual habit of his, He did not, trouble about the. keys o£ the baok doors, '■' It was. necessary that the windows,of the recess and sitting room should be fastened with'shutters,-so he had them made. If there were no shutters, anyone could get into the place by breaking a pane of glass.' He' was very careful about securing the place. There was a fire in the sitting room during the day. It was possible that the fire might have originated from the sitting room fireplace. There was a partition and a door between the sitting room and the recess. It was possible but improbable that the floor had caught alight under the fireplace. or at the back of it. Had no recollection of carrying a light across the' recess. Did not remember striking a match there on the night in question," He was aware, when he insured, that if his stock was burned, he would only get insurance to the extent of what was destroyed, and if his stock was under the value he

would only receive to the extent of damage done. Had bis stock been destroyed he would have been in a bad position, as lie kd not taken stock since ho had been in business.and had no intention of doing so. His drapery ,was uninsured, and was valued at about £7O or £BO, which would have been a total loss for him had it been , destroyed. Mr Mackay, the insurance agent, effected the insurance from the invoices, and was fully satisfied, as to the value of the stock, That was all he wished, to insurofor.andhadnodifficultyingetting that amount. Shortly after he effected the insurance, he added about £l7O worth of drapery' to tho stock, Put the wood under the stairs in the .recess because he had it stolen from the woodshed. It was not usual for him to. put the fire out with water before leaving of an evening, unless there was a large one.burning. Was' not under

•any pressure from his creditors, and had paid his rentregularly, Was making sufficient out of the business to livo comfortably, over and above the rent. Had no thought of giving up his business. Would have liked things to be better, as times were dull. The kerosine cases on the premises were used for paiking up goods in,' There was no kerosine upon the premises.. _ By Sergeant Price: The drapery was included in the estimate he made of the value of his stock, viz., L4OO. t By. the foreman: There was no door in the recess, it was open to tho .window,

: By the Bench; He lived about nine or ten hundred yards from his shop'. ■ Edward Bragging, nightwatchman, .deposed that on the morning of the 13th ir.st., he was on duty in Queen Street. At 2.15, he observed smoke issuing from Mr Schroder's business premises. Went down the right-of-way to the north of the premises, and found one of the windows very hot, but could see no light. He immediately gave the alarm, and rang the firebell, After the Fire Brigade bad their work, he inspected the premises, and discovered a very strong smell'of kerosine. The same afternoon he inspected the place, in company with Constable Cooper, and from among the debris was a very strong smell of kerosine,

By Mr Beard: Mr Schroder's house was about fifteen chains from the firebell, and a few chains farther from his business premises. By Mr Pownall: Saw the Fire Engines at work. Was not aware that kerosine was used with the "Jubilee." When he smelt the kerosine, the "Jubilee" had ceased working sevoral hours. Would not swear positively that it was kerosine he smelt. George Coker, painter, on affirmation stated that on the night of the fire he resided In a cottage at the rear of the Theatre, adjoinisg Mr Schroder's premises. On the morning, of the fire he was aroused by the Nightwatchman, and then in company with a Jireman succeeded in forcing an entrance by the South side door opposite the staircase. They could hear tho cracklin? of the firo under the staircase, and lie broke two or three of the'steps off, and found the whole of the space underneath in flames. Captain Barker, of the Municipal Brigade, then arrived on the scene, when witness fetched a few pails of water and continued to douch the fire till branchmari O'Moara got his hose at work. Did not snell anything like kerosine, it appeared to him to be rags and woo'len goods burning.- The firemen who wero there called his attention to the' strong pell .of kerosine about the place, Did not go into the place, Found the whole of tha outer doors locked.

The witness was cross-examined bv Messrs Beard and Pownall, but nothing further was elicited,

• Thomas Barker, Captain of the Municipal Fire Brigade, deposed that Um awoke by the firebel], and on arriving" in Queen-street found Mr Schroder's placo on fire. He had- : to pass the'burning premisos, but smolfc nothing like kerosiue. After getting his Brigado in working order, he immediately returned ■•to/tho scene of the fire, "and assisted to break:tli6 ataira down, and.pour water.on the names. He visited the' premises : twice' during the day,.and detected the smell of kerosiue among the debris quite plainly. He smelt something like burning ra»'s during the progress of the fire, Did not remember saying. that tho place was saturated with kerosine. By Mr Beard: Could smell kerosihe ! quite'plainly when visiting, the. place during the day. Would riot say if the debris was mixed withtosine. .'Did not go through the whole house on the night of the fire' as he understood that the Volunteer Brigade had got the downstairs portion under control. He .visited the upstairs portion of the place and got the fire under there. Did not think that the smell of the kerowne from the " Jubilee" would spread from tho engine shed to the burning premises. Both Brigades worked together harmoniously on the pccaaion. i ,-'■..-.

: ByMr.Pownall: The.place was mr' i securely fastened after the fire. Anyone . could have got in. It was possible for anyone to take kerosihe into the place, and pour it on to the debris, At this juncture (6 o'clock) the Court adjourned until 7.30. On resuming . Frederick flolloway gave evidence to the, effect, that he was owne* of the property, He leasedthe place to Mr-Schroder ; f«:. twelve, months,' there' being, J« the effect that; if the destroyed bv firethe rent ceased tttittf Ht .was.rebuilt.. This clause:':was putin'afc" the instance of Mr Schroder.. partpf the:fitting wefe; put in by.' witness at a cost of £4l. ,■■}'■'.-.,*;■■■ ':i : [ ~-•" By.Mr.Beard,: .He lived close- to the ..scene of the fire, and was oiie v of.the first there. He could not see .where the fire was so went and lent a hand to thepumps j Mr Schroder had applied to have the rent f reduced on two occasions- recently; once ' on September 6th, and once the month ■""" previous, He complained of-trade being' bad when he applied for the: reaction He always -paid the rent punctually, By Mr Pownall: The-clause; was put in the lease when it was first drawn'; out Did not think it at all an unusual clausw. Thought it was only fair for him to -havF. it put in. The Solicitor, :was he thought,' instructed .to. put the. proviso in by Mit Schroder., If the place was partly damaged it would be a groat inconvenience to Mr Sohroder as the rent-would not cease unless it was totally destroyed. By the Court: The building had not .been.used as a dwelling. . It was quite new. Had been in the house during Mr Schroders tenancy but.had not noticed anything, under the stairs.. ';■

Charles" Cooper, Constable, stationed at Masterton, stated that on the morning'in question he was upon the scene of firo before tho Brigade had water playing on it. There was a heavy cloud of Brooke cqtaing from the building, arid, which, owing to tho calm night, hung very low. His attention was, directed to a very strong smell of kerosine.' A fter fche.JSre was got under he inspocted tho place, and detected a strong smell of kerosilie among the debris in the recess, which consisted of broken crates, rags-, paper and general lumber; He could not exafnine.'the debris then, as_ it was saturated with water. On making a subsequent examination, he found some ofithe charcoal completely saturated with' kerosine,,; Ho called tho attention : «f E. Braggihs, .night watchman,. to- the cirounfsfance, and also of Captain- Barker,':Vttnd;%.y both concurred-bit. Bad inspicfed tik sittin? rooti>V and found no sigdsfSJK charred timber there; the only Indication of fife was the smoke darkened-walls, Theire could not,.in. have started from that-room. . :By Mr .Beard-He lived in Cole Street, about'loo yards nearer the firebell than ffi Schroder, whoso house was about 20 chains from the bell tower. • :

By Mr Pownall-Went into the build'

in? just after the firo. Was quite certain; that ho smelt kerosine, Was .certain that he heard several firemen disoussiujf ,- about the smell of kerosine, but could not say who they were. Was certain he nevor had korosind on his hands' before

he put them among the debris, Noticed that tho gas metre was turned off. Thought that if a man was experienced, and'wanted to burn the promises'dowrij he would have' left the-gas-on.;:The night wab very calm and unfavorable for a lire. (Laughter). ■ Accounted for the fact of charcoal having kerosine on it through it falling from the ceiling uf "the recess, and absorbing it from tho ; floor', which appeared saturated, It was poJte sible for it to have the same appearamfr if the kerosine kd baen poured on after the fire. He was not instructed to point but tho presence of kerosine to the firemen.

By Court : Could not at present. detect marks of kerosine on the flo6r',is : it was very wot. Did not think J the'-, kerosine oxuded from the cases that' were under tho. recess. Did not know'if any chemical test had bean applied to"'■ discover if there were traces of korosino among the debris. Did not think it necessary to bring a pieco 'of the charcoal into Court, as the jurymen had visited the place. Sergeant Price deposed that he visited the Bcone of the fire directly the alartt was given. He remained on the prem-'; i ises until the fire was put out. There "9 was a strong smell of kerosine. He: visited the place during the morning, and drew the attention of Captain Barker to the presence of korosine among the • debris. In the afternoon, he again went to the premises, when Constable Cooper raked among the debris under the recess, and brought out some charcoal whiclrwas ■'■ impregnated with kerosine. Hi 3 opiuinjk was that the fire originated in the recci§P under the stairs. He communicated with MrSellar, and in consequence he had the place locked up, and kept a strict • watch on it over since.

i By Mr Beard :He did not think tho ; fire had been burning snven hours. Somer one must have had access to the placd during that time. By Mr Pownall; The night was ver£ calm and heavy, the smoke hanging very low. _ It was a favorable plaoe for a fire,-: if a little ventilation had been given, If a hole had beon in the stairs or partition, it would have soon burned tho place down, Joseph lorns,.of the firm of Lowes and lorns, stated that he valued the stock-in-trade of Mr Schroder's since tho fire, and • v ib amounted to £2215s 6d, This repre- & seuted the actual-value of the whole- - istock in the place. From this had to be deducted. LKT.for crockery ware destroyed, the full amount of damage done, being L 35, which would leave tho value of the stock at present to be LlB6. By Mr Pownall: He had plenty of timo to tako stock, and had valued them at first cost at a liberal valuation. Taking tho articles singly, under'the most favorable circumstances, he thought' Mkv . Schroder might havo obtained about IP'.'.' : per qent on the pricos valued which' would bring it up to about £275. Did notihink it possible for Mr Schroder f<} . ,' realise £4OO on the stdqk, as he cbji»"_ sidered that the competition iti. the boot, shoo, and clothing business was too koen- - for him to realise 100 per cent, especially,. as ho sold for cash, ' _ This concluded the evidence of' the''" ." police. • -••■.• Mr Pownall called the following evi. - , denoe on behalf of Mr Schroder:- - G.S.W.Dalrymple deposed that he"' ■ visited,the premises just before ■ 10■:«.--..'■ .o'clock on the morning of the firo, rid •'•' .' not' notice the-slighteat smell of kerosine. ''' '• Mr.Schroder-arrived home to teaabout ''"''. ■'. the usual time tho evening bofoje the fire- •• m and did riot to his knowledge, go. out again. He hoard the firebell during the ■'. .time it was ringihg; butowing to hishW. tng'a bad leg did not get Up, nor. did. he "j • hear anyonomqving about the .place, '-it- ••', anyone had told him that thostock had;-' - i.beeii insured for L3OO he should nothaTa ' , thought it excessive. The witness waa cross-examxed. at length by Mr Beard. ', • James Muir, Captain of the Volunteer '. Pire Brigade, stated that he. was amonpte ' '!.-. the first to arrive on the scene of thefirJfirV-, He did not notice the smell of keroslncfo.' .' then. He 'visited the place since, anjp ''.,'' detected a faint smell of kerosine .among '■•. the debris; : "' - •'. •

Herbert Marsh, fireman in tho Munlcl-'.'". pal Brigade, deposed that ho was put jtv charge of the building after the fire. Ha '• -'! heard several men talk about the smellof ■ • kerosine. .He did not stir the debris \ about to discover the cause of the stjonß " smell. ••"■■•.. ; Mark floai, enginekoepev fos th* Muni.

-v-'icipd Brigade, stated that ho used korov -,..•;: ~'-,Bino in getting up steam in the' Jubilee' ■ ,;-There was a bottle of keiosino spillod by the side of the suction hoso wliich ran into the creek and ho saw stains of tho oil in tho water tables tho next morning. . He thought tho smell of : kerosino at the .burnine building might be. Mcoimted for - ; : : .by the Jubilee pumping it from the creek. :-■ ..'':slh§:amoke,fr6m'tHeJubilee'went-in the -..* -direction 6f tho theatre;. ana, .burning- - '.'.building.: lie ''smell-of kerosdi'a 'from ;,.. r.tho Jubilee'wouldJhethoughf.bedetected. ■..■r.r, about halfa-tnile away;Tho 'wind changed .■'-* to the jioreh-eaat ; before th'e' engino .stopped working. •'•'■ ••■'■,.' . ; : .;..Joseph'lorna recalled'•Btated'that tho ;;•.': papery and clothingwereValued'at! £45, ;■ which would-have to be deducted:from. t-; .the total amount'-of valuation to get at !!. tho value of crackefy'and'fi'ttiiiL-s, the .-it; classified valuation being i-Fitfin'os £lO, ..«*;,clothing £4s2s,bootsahdshoesL2813a. :•:? Cd, trunk LI Us, crockei-y and 'glassware :■ Ll26as. . Total, L2IP 5s Od.',: .This concluded the evidence.' ' His Worship having charged tho jury ,■. they, retired,' and after an 1 absenqo' of ..Abuthalf anhour returned the follow- ■;• vWK verdict;—" That there was not sufti-- . ■ Cient evidence toprave from what cause .v the fire originated that occurred 1 on the - premises of Mr Sclirodei'on the niorning ' of September 13,1887. "'