INQUEST ON REID'S MILL.

Waikato Times, Volume VIII, Issue 498, 29 July 1875, Page 2

INQUEST ON REIDS MILL.

An inquiry into the origin of tb,e fire which destroyed Mr .Reids mill at Tamahere, was held on Monday luafc at Air Reids new dwelling nouse near the mill jsite,- before l)r Baale, coroner, 'and a jury of twelve. Mr Jlay appeared on behalr'rof .the National Insurance Company. Detective t'oola'j conducted the inquiry, Mr Edwards and Constable Fan- of Cambridge also assiste l William^ei(|., sen., farmer and/ miller, deposed that he was ownqi* of the mill, situate at Mangona creek. About lpm. on Sunday week last, left his residence a>*d went to CajutStecle's. .Before he left he told his sons to go down to the null in the e\ cuing to see if it was all right. On the following morning, while at breakfast, one of Iris sons arrived with news that the mill was burnel down. A once jode into Hamilton to acquaint the police and Mr Hay, agent to the National Insurance Company. Asked him to send a telegram to Mr Searancke to send up a detective to inquire into the matter. Then went to Tamahere and fouadthe mill totally destroyed but smouldering Came to the site in company with Constable Haddock. His sjn SamuePpointed out the marks of a recent native for t, which he Said was quite fresh when he came there. ] The mark had^been made in the sand, but the iain was filling in the edges of it. The direction of the footprints was from the Tamahere road towards the mill anl back again. On the night of the 22nd July the dam at the mill was cut Way: It was quite entire on the previous evening. Discovered footprints at the mill, on the dwelling house side of the creek towards the breach in the dam, and back again to the road. Found a place where a lire had been recently kindled close to the mill. Reported the circumstance of the cutting of the dam to Mr Searnacke and to Constable MeGovern. Did not tell them that he suspected there had been an attempt to fire the mill. Mr Searancke said it would be advisable for some one to slcop in the mill. He said his sons had only lately recovered! irom the measles and the place was not fit for them to sleep in. Had been unwell himself, and it was not a fit place fo-r him either. On Monday July sth examined the mill.' Amongst the machinery found a piece of half-charrod wodd. (Produce 1.) There w.is a small hole about six inches square near the cog-wheel. The pieces of wood belonged to the axlo or shaft which lifted the vuhe of the wheel. "Valued the mill and machinery at 8001. All gut the stones \>as his own ptoperty. 259 bushels of wheat were in the mill before the fire. Removed 10S bags from the mill on the .13fli, 14Qi and ljth of July. Removed them because of finding the pieces of charred wood. The mill was insured for 'dOOI, und the stock for 1501 in the National, h-xpedted to receive the insurance money, through the Bank which had made advances. The piece of wood produced is a sh'ihgle cut out in the shape ot a man's foot by luy son Samuel to represent the footmarks which were tound on the morning of the 19th, the day after the fire. Do not know who burned the mill. Bythei'jivinan': The null was last working on 2nd July. I have got the books and papers. Ifor about two months previous to the fire was grinding 200. bushels. 'Was List over the mill on the 16th." The "doors were locked. Since the dam was cut made a practice of sending his son to look alter the property. The footprints on the track fi om the Cambridge road towards the inilljj were apparently made by a shoe without a nail. There were implements ami tools in the mill, besides wheat, flax mill machinery, ana sacks and bags. There was no flax or straw in the mill, nor any combustible mateiial. Took out a weighing machine, besides the wheat, on the 13th to the hou»e. The mill could not readily be set lire to without some light material. By the Coroner : Took <m impression iv p iper of the fool prints in the neighbourly jd, on the 3rd July or the 3th — two days ufterwarda. Cannuts^y atpiesenc whether I intend to erect a new null. No agent of the Insurance Company inspected the mill prior to insurance, to my knowledge. Willum .Reid, son of last witness, deposed : About 8 a.m. on Monday ldbt, July 19th, his brother called his attention to some smoko. On getting on .i cart saw it was in tLe diieetiuu of the mill. On going to place found the mill totally burnt down. Hia biother had arrived befo/e him. Told him to go and inform his father at Capt Steflti's Meantime his brother Samuel threw water on i he fire. The residence was about a mile from the mill. At three or a quartcr-p isl three on the day of the 'tire he vvexit \>o feei* the ui\il, avid fouxtfl it alt xiglifc, 'i'm-xe >vcie )r> signs of iiguts of iiie Was not sure -yyiifctheY it »'/>s iockeii o?m>i>. iiia? Uiher ietfb for Hamilton on Xaesiiay, dm 13S&> at lov2 j? 222. Remembered the dam being cut away, svas uofc ia Uie liab 4o£ wai-kiag at the mitt. tty Ajv iioj: lini been in ili health iateiy.' Was toi ill on *he Fnlny to sleep in the vn\\. Tbe weighing

nvichine was taken away to- weigh potatoes. Did not remember a circu'ar saw being rempvod previous to the fire. The books relating to the mill were generally kept at home. The only fires made near the mill were Oy Maoris, Those employed in tho mill made a fire in a cookhouse down below. The wheat left in the mill was gooJ. Some pi'ii was partially destroyed by rat-. Did not know of »my' dispute ai to a water-right bet.veen Mr Shaw and his father. J W. N. Seai'ancke, R. M. deposed: Saw Mr R*id sen on Saturday July 3rd, about 12 o'clock, lie reported tint the mill-darn had been destroyed. Sai.l it had been maliciously done, and named Mr Shaw as the porson with whom he had some disputo about the dam and a right-of-way. S.un Mr Shaw had sent him a lawyer's letter about it. He said I nothing about a fire. Impressed upon Mr Reid thut he should send one of his sons to sbep in tho mill, as they had been in the habit of sleeping there formerly. lie said he was afraid that the injury received would not stop there, fjut would end in the destruction of the mill Again impressed upon him the necessity of hU sous sleeping m the mill, or his getting a man to sleep the re, or sleeping there himself. His statement about the cutting away of the dam was so loose that the impression left upon witness's mind was that the dum was carried away by the force ot the water. K-eid never mentioned an} tiling to him about having found the charred wood. Ho mentioned there was a footprint there, and witnew advised him to make an impression of the foot-prinb as soon as possible on paper. Witness did not then think there was reason for attaching suspicion to any person. William Reid, sen., recalled by Mr Hay, deposed : I took an impression of the foobmnrk on the Monday following the Saturday on which Mr Se.xrancke told me to take it. Found the charred timbers aiter breakfust on the same day I might have seen them on the SatuHay if I had gone into the joom where they were. Did not give any not ice to the Insurance Company on finding the charred sticks. Tne mill was erected on my own property. I had an overdraft from the National Bank Had no overdraft prior to insurance beyond a fow pounds ToM the bank that at the outside I would • not require moro than i>4o'J for the pu pose of buying wheat." Insured in the National Insurance Company at the request of the bank manager Received a letter from Messrs Hesketh. and Richmond, lawyers, of Auckland, with reference to some claim by Mr Shaw. He claimed for alleged damage to his land by the water. The letter said Mr Shiw intended to take away my dam, or apply for an injunction to prevent my using the water unless I made somo arrangement. It give fourteen days' notice from the date of the latter. Have no doubt the dam was cut away wilfully. Ip my exuen ence it could nob be done by the water. After the dam was cut, if it could not be repaired it would necessitate the removal of the mill. Would estimate cost of repairing dam at £10. The mill and machinery cost £800 The mill was worth £800 wheu the darn was dest:-oyeJ. Did uob see any reason why it should not be worth, as much after the dam was destroyed as it was before. If I get the imnrance money I shail ba a loser of £500, and more. The mill had been insured about five months The insurance was not in. my name, bub in that of the bank. The Foreman (Mr Forrest) : We shall have to remain here all day if Mr solicitor Hay adopts » line of examination like this. Come to the lira at once Mr Hay : I am justih'ed in sifting this matter fully. Samuel Reid deposed : Was son of last witness. Was employed generally at the mill. On the 18th July his brother and Bivnnan saw the mill. , When they came to the mill after the tire they found the embers a till smouldering. Between 70 or SO sacks of wheat were left in the mill. (The witness gave further corrobora' ive evidence.) Frederick Warner deposed : I am a laborer, living at Mr Shaw s. About 12 pm. on the night ot the 18th July saw smoke and flame coming fro.i, the direction of the mill. It was moonlight. I was undressed, aud had got out of be*d. Thought it was Maoris buroing off. Never heard any persen threaten to do Mr Reid an injury. Mr SHaw was in bed at time of the fire, and all the lights were out Henri no person pa3s by in the direction of the mill. Heard nothing of the tire. Slept in an outhouse near Mr Shaw's house. The Foreman of the jury here saul thab moro evidence should have been adduced as to the value of the mil! an I machinery. John Shaw deposed: I reside about three-quarters of a mile from the mill. A dispute*has subsisted between* Mr Reid and. myself, with regard to thi dam, in connec tiou with a water-right. At my instance he received a letter from Messis He->keth and Richmond, I do not know what were the contents of the letter Mr Htskct'i di«l not tell me tbnt I co-ikl cue a.vay the dam, bub thab I could make iJeid cut it away at his own expense. He said X hftd a legal right to cut the dim away\ Mr Hay : { Did youTdo it ? Witness* Are you holding 'in iuqreit on the tire ? Mr Hay: Did you io it? Witness: 1 onject to answer that question. The Coroner : You will have to answer the question.— Mr Hay : Did you do it? — Witness J I object to answer that question. — The Coroner : You will have to answer it — Witness • So fir as I can see the thing was cut away on my property, an<l thab U nothing to do with the tire Tie Foreman : Is the witness bound to answer the quesbion if he thinks ib may criminate himself? Perhaps he may think that it would criminate him. — The Coroner: The witness need not answer the question if ho thinks it would c i inmate him Witness : I object to answer the question until I get legal advice from my lawyer. — Mr Llay : Will it criminal e you ? Witness :It miujht do so. I have got no persou to get advice from. Mr Hay : Do you swear that th<* answering of that question will tend to criminate you ? Witness : 1 do not say it would criminate me. Tne Coroner : Then why not answer it ? Wit ness : I am not here to answer questions about anything on my own property. Mr Hay : You are here to answer any questions that may be put to you. The Foreman : Tke witness is only lime to auswer questions about the tire. AsK him something about that. The Coroner : I hardly think this question has any thing to do with the fire. Mr Hay :, Does your worship rule that Mr Shaw is not to answer any} questions relative to the night in question. The Coroner: If the cutting away of the ca.n has anything to do with the fire he cannot object ■to answer the q ucstion. Witness : I will answer any questions about the fire, but not about the dam. Mr Hay : Do you say it might criminate you ? Witness : Well, I might as well sa.y it might, Evidence continued : I was in Hamilton on the night of the 2'id July. I took down some cattle. I returned homthat night. I think it was 11 or 11.30 o'clock when I left Burkes Early on Saturday morning I was at home. Mr Hay : Were you not at this darn on the morni'g of the 2nd July or the 3rd ? The Foreman : You are just coming back to the same question. Mr Hay: 1 object to be interrupted like this. The Foremin : Why not come to the fire at once ; I want to get away home. Mr Hay :On the night of the 2nd July or the morning «f the 3rd, were you near that dam ? Witness : I don't see why you have reason to ask me that question at all. , (Question repeated) Witness: You ask me any questions you like about ihefire and I will answer, but I will not answer that question. Mr. Hay : I have aaked the question, and I insist upon having an answer The question is relev nit The Coroner : I think you had better answer the question. Witness : No, I will not answer it. The Coroner : Mr Foreman and gentlemen of the jury, do you consider that question an important one ? Do you think it is relevant or not ? (The jury heie began to consult amongst themselves on the matter.) Mr Hay : It" such matters as this are tD be left m the hands of the jury, it will be no use to ask any questions. Iv all matters where judge and jury sit, the question of the admissibihty of evidence is decided by the judge, aud not by the jury. The Foreman: The jury are just about divided upon the question. The Coroner : I rule you answer the question. Witness i I will answer tho question this tvay.. 1 never was on Mr Reids ground for four months until to-day. Mr Hay : Were you within 20yarda of the dam. Witness: I do nob seel have any right to, answer that question at all. Mr Hay :Is the witness to set the Court and the jury at defiance? Witness : Why did you not give me a summons here before to-day? Mr Hay : I only received my instructions to-day. Witness : I understood it was you wanted me here. The Coroner : You must answer these questions. Witness : 1 will answer any question about the tire. I will not answer that. The Foreman : 'Ihero is no harm in your answering the question. Witness : Well, I was within 20 yards of the dam on the 2nd. I was within 20 yards on the Suturday morning. It was not before daylight when I was there. It was moonlight I saw no fire. I only came down and went back. I could not say what state the dam was in then Mr Hay: Was it m iti piesent state, or vas it broken ? Witness : Y"ou arc asking me the same question again, the Foreman : Mr Hay you had better come back to the fire. Mr Hay : Will you please to address 30111 self to tho 'Coroner, Mr Forrecl. (To nitnest,). It the mill had been 0.1 fire then would jou have seen it ? Witness : Yes. What is the use of calling me here if you do not want to ask mo any questions about the (ire. The Coroner : Did you see anything of the lire on the night of the 18th. Witness : No. The tirst thing I knew ot the fire vms on the next, morning wheu I waa gpmg round with the sheep I went to bed the night before about 8 o'clock, and was never out of bed Umt m>;li<:. T/iia wus ftU the evidence. Detective Dooiaii savd ttie only evidence lie could give was tluit i>D hdi\ not been able to tvace the fire to tke act of anyone. {Mr Hay said that rtvmwg the wLofc of the inquiry he had bardiy been treated Tvhh conrloaj. He had. leeo, treated as il he weve endeavouring to b iug hovnc a charge to some one He had been eugaged

to appear on behalf of the 'National Insurance Company! to make intimate inquiries. He had not been oonvteoa^fi treatel by the Foreman of the jury. The <'oront^Br^ is uoc a put of the country where courtesy &xufomr^ No doubt the,' Foreman meant no offence ' man : I simply thought the line of evidence t to get £130 off the iusuranse , The:<e :< the evidence. Ie appear ato me that there U,i to shew by wham the fire was caused. The Hive you found a verdict for us ? The Cor.o simply directing the jury, as [ have a right to jury retired to a shore distunco from the house, b'oweit's voice was beard huranging then. Aft, deliberation they returne.l with a verdict to thfi o. the fire was caused by an incendiary, but there wa* 1 deuce to shew by whom. The jnry expressul an opi that they would like to have had more evidence as to u. Reids absence in litiniilton. The jury also made a claim i >r expenses.