THE INQUEST ON THE LATE FIRE.

Waikato Times, Volume X, Issue 592, 7 March 1876, Page 2

THE INQUEST ON THE LATE FIRE.

An inquest was held yesterday afternoon en the Ute fire on Mr Ellison^ premises, Hamilton East, before l)r Bealey Coroner, • and a jury of twelve, consisting of tho following vrnon Mr Primrose was ciiojeu ioi email, namely: — Medsra Ailen, Uoats, Longbotroni, Bridge, Hume, Muinons, V^oods, Martin, Neilson, II Hunter, Welstead and Piiuirose. Mr Whitaker appeared on behalf of Mr Ellison, whose preraisies were destroyed. Mr W M Hay appeared for the Northern Insurance Company. The jury having been sworn, Mr Whitakor objected to tho trial proceeding with tbi» present jury, another jury having been already empaunelled on the -2nd msb, and commenced the enquiry. The Corbner deelme'd to entertain any objection from counsel, who were only present by courtesy. The objection Vail tantamount to proposal to stop px*bceedings altogether. He won Id not entertain 'it. The Coroner then'intiffiatell to the 'jury that their next duty was to repair to tha .scene of the lire. A considerable amount of dissatisfaction was expressed by several of the jury that they should be compelled to do this, one stating tiut had they receited notice that such duty would be, required of them when summoned they would have made 'provision for the journey. Seme pbsitlively refused to go unless a comeyance wore provided for them. Ultimately the Use of a light cart was provided for sortie "who had no other means of getting to the scene of the late fire, ana the jury having visited the spot some two miles away and returned, business proceeded. While tliey w^r* yet assembled, fllr Whitaker put in a written protest against the legality of £he'prbce l edsrng3, on the ground that a second jury coulfl^. not legally sit upon the case, a former™ jury having already commenced an enquiry on the 2nd inst, fen 3 n'6t having yet found a verdict, the said jury having been dismissed while the enquiry was (proceeding. The Odroher're'fused to dticdpt the protest, and said any such protelt should be delivered when the c6Urt was 'sitting*, » an& to the proper officer.

Mr Whitaker — I hiand it to you ks Coroner, of rfoftrse you 'can • please yourself as to accepting it or not, Mrs Ellison sworn aaid, the fire occurred Wthe 9th February. By the trioon it was after 12 o'clock when the fire bccurre'd. I was in bed at the time. I went to bed about 11 o'clock, when I woke about Ifi o'clock T went into the 'kitchen r to get some creosote. I saw flames in the corner of the rooih and under the sofa, anil taking hold of the cloches on a line before the fire. The' fire was g'oing'up the ceiling , quickly. T called my husband who was asleep atd cried out " tire," that 'ffijr daughter might hear. I threw a can of water" on the tfte just as I 'run 'to call Mr Ellison I did' not see'hiir When he got up. I saw him shortly afterwards dutsi'de the'lioitee. Everything I took out to savg was destroyed. 1 put them too near tlnT house. When sfr Ellison came he helped vie to got out the piano which was saved. My daughter and I tried to get olit a cbeflomer but did not succeed. *It waS scorched and broken. 'I am not sure whether w© have a list of the articled v *aved ihii foremun protested that they Were travelling out 'of the'cduHof enquiry. It was nothing to them 'whtther the eheffonier was saved or'not.

Witness continued — I believe the fire originated either through a spark catching the clothes or getting under the bottrth "stone. The, clothes were principally house linen. They were put (here to ah' and dry I was in the, habit of so leaving them after a wash- 1 always left a fire consisting of turf and sticks. Mr Ellison was the last in the kitchen.

To the Foreman — The clothes we're , about s?x feet from the lire. A plan was tlieh put in by Mr Hay. To the Coroner — The weather was threatening at the time., I wanted to get the things dried out of the way.

To Mr Hay — My husband wafc at tlm fire 1 tbink. I 'was up .Vhen be caino home. When he said he had t had his te& I went to bed. It was a little after J.l o'clock. After Mr Ellison woke up the boy it was impossible 4,0 get in the house. I was scotched. We hadn't 'more than 10 or 12 minutes to get the things out The boys were sleeping .in a house behind the Stable at the back of the house. I cannot say what is the distance betWeen the r two builfliimjs. It would fiot have taken Mr Ellison roinutes to go arid i-ous'e up the boys. The piano is a very lieaVy "one. We wheeled it down the passage. "We did no« linScrtw the legs. We saved no sflVeV $late, a quantity was destroyed. No search to mr knowledge has "been made for any dfebm of the silver plate destroyed. I c£nno& say how the fire occurred. John Ellison sWorn, stated, the house burned was Your fcbdme'd cottage' with a loft. I was in Hamilton v that nigtit at the Church meeting. I got hoqie at 11 o'clock. 1 went straight to bed. Befpre I went to bed I saw some clothes before the fire place. I went to tleep at once. The next I heard was Mrs Ellison shouting out -fire. I looked .into the kitcjven and saw it in flames. I then threw a box of clothes out of the window. I jumped out after the box, I was afraid to go through the kitchen. I tan round in front of the house. I found my vrife and daughter then iv their night clothes. I made a dash at the piano to try and get it out, and with MiS Ellison's assistance suoceeded. It stood opposite the door and: 1 had nothing to Uo but ru"n it out. After this we tried to get the cheffonier out but did not succeed. I then ran to wake up the boys who were sleeping in a house at the back of tbe Btable. Where the boys slept was about forty yards from the house.

f o the Foreman — The fire was burning id thfe fireplace when I came home; The clothes in front of the five were not unduly near it, no* not fiearer thkn iigtial. I think my wife wonfc to bed about the same time, she slept in another room. I heard no One in the kitchen after I left it.

I cannot account for the tire, unless the clothes caught from a spark.

To Mr Hay — I had Sea at Mr Danver's bouse. I don't know how old the house wu. It wtf lined throughout, kitchen and all. The chimney was of brick. The house was insured for £200, and the furniture for £200. lam not aware what was the value of the hoUse. Mr Whitaker protested against the "q'uestidn being

Cross-examination continued.— When I jumped out of the window I had only my trousers and boots on. I did not save inyhat. I helped them then to get out the piano land cheffonier. Nothing else v was saved except some blankets. All ray ' clothes were burnt except what 1 brought cfut with me. I had some silver ' plate, all -was destroyed except One pair of candlesticks. I have never lookeid for the debris of the plate. Thos TKotapson, sworn said, I am 14 years old. ' I Vent to bed at half-past 9 o'clock, the nig*ht of the fire. I was %oke up by Mr Ellison, They Kad got out the piano and Vere trying to save th« chefforiier. Iran in ana fried to save the music stool, but could not. 'I wasscdrched about the neck in the attempt.

Cross-examined — The 'fire "in the firtf lace was very low Vhen I Went to b«d. There were no clothes near it ih'en. VPhen I returned after being awoke X' could not jjfet into the kitchen for the fire. The back wall hid been burned first. I 'have not scraped ab6ut the ashes. I have never looked for the plate.

To Constable Coyte^— When woke 'up by *Mr Ellison my brother did not get up at ' once. Not till ten 'minutes after. Capt Steele wag called to prove the value of the House. Mr Whitaker objected 'to the question 1 toeing put. ( _JPhe Cororier'fuled that the value of the €wni»e waff* 1 irrelevant to the enquiry which "■was as to the origin of the fire. Mr Hay" wished to have the Constable examined who had searched the ruins for the remains 6f the silver plate. The Coroner objected to receive the evidence ' and closed the Court. The Coroner charged the jury that the fire was accidental, and the jury having retired for Some half-hour, returned with the following verdict : — " From the evidence adduced, we are agreed' that Che fire originated near the kitchen 8 fire place/ but 'by what means there is no evidence."