INCENDIARISM.

Gisborne Times, Volume XXVII, Issue 2630, 12 October 1909, Page 2

INCENDIARISM.

A SERIES OF CHARGES. , ONE ACCUSED LAD PLEADS GUILTY. The charge of incendiarism against William Patrick O’Sullivan (Mr. G. Stock) and Thos. Francis Foster (Mr. J. R. Kirk) remanded from Friday last was called at the Magistrate s Court yesterday morning, before Mr. W. A. Barton, S.M. Sergeant Hutton conducted the case for the police. On the case being called the Sergeant said it Avould not be proceeded with as further evidence had been procured. The charge against the two accused was formally dismissed, and Thos. Francis Foster was then charged, that, on September 24, he did set fire to the boat-shed, the property of C. J. Hamilton and others. E. Williams, fruiterer and confectioner, stated that on the night of the 24th September, he was in the Garrisson Hall. He left at 11 p.m. or a little after, and came over the Whataupoko Bridge. He noticed an unusual ’litrhti under the boat-shed of the Gisborne Rowing Club. A young fellow going in the same direction as witness passed at a very fast pace on a bicycle. When witness 'gob to the end of the bridge Mr. Seymour, jeweller, called out- ‘‘Come this way. I think there is something suspicious. . A fire in the boat shed.” One of 'the volunteers with witness went to ring the fire-bell and witness went straight to the spot where he saw the light. The light was on the side facing the river. When witness arrived at the scene the young fellow who passed on a bicycle and another man were breaking away the burning boards. There was a heap ot straw which smelt strongly of kerosene and the straw was piled up against some boards broken from the floor. The fire had a good hold as about tliroo feet of the boards were burning. 'Witness assisted to put the fire out, and afterwards walked round to the back of the shed and saw Mr. Seymour and a boy who gave his name as O’Sullivan. Claude John Hamilton, accountant, captain of the Gisborne Hewing Club, and a member of the committee of the Club, said that the building and contents were valued at frc. £7OO to £750. He thought the amount of damage done by the fire would he 10s. Jas. Weston, laborer, Grey Street, said he was present, at the boat-shed fire at about 11.30 on the night of September 24. He saw the acused. Accused said to witness that he was too late as the fire was out. Witness asked accused how he got to the fire so scon but he did not know what accused’s reply was. To Mr. Kirk: Witness had seen the acused near the theatre at the interval. That was the only occasion he had seen the accused at night time. William Vredi, laborer, said he went to the fire and saw accused coming up Bright Street from the direction of the boat-shed. Witness asked where the fire was. and accused answered that it was at the boat-slied, but that there was not much burnt. Accused then went down Bright Street towards Gladstone House. To Mr. Kirk: Accused and witness both had their meals in Gladstone House. Accused did not seem to have the average intelligence, at the table. To the Bench: Accused had been living in Gladstone boarding-house for about two months.

Continuing in replv to Mr. Kirk, witness said he thought accused wou’d be very easily led by stories of the “Blood Stained Putty Knife” order and would be influenced by what he read. Accused got a lot of paper-covered books of a sensational type, such as Hawley Smart’s. Witness had not- heard the accused speak in tones of bravado. Donald Burnside, kitchen-man at Gladstone boarding-house said he knew the accused who came to him on September 24th and asked for two bottles, and witness showed him where they could could bo procured. The time would be about 6.45. The bottles were similar to the ones produced. The accused said the Masonic would make a grand fire.

His Worship: No doubt it would. Continuing, witness said that accused also said the Gladstone House would make a good fire as it was nice and greasy. Accused left the house after giving witness a hand. The time was then about 7.30.

Mr. Kirk: What do you think is tho matter with the boy? Witness: He appeared very soft. To Sergeant Hutton: He thought accused was soft, judging by his ways. Detective Rawle stated that at about 11.20 p.m. on September 24th. in consequence of a fire alarm, he went to the Gisborne Rowing Club sited. Close to the end near the Whataupoko Bridge were five "or six 20-foot weather boards, burnt, ying upon the platform. Immediately insfde the building, resting on two sheets of corrugated iron, was a quantity of old straw. There was also a quantity of straw on the- platform and on the wall above, and on the side of where the fire had been were splashes of kerosene oil. In a niche in the Avail was the aerated water bottle (produced) which had very recently containing kerosene shortly after midnight Sergeant Hutton, Constable Scott and witness went t-o a cottage in Grey Street, occupied by the accused. They questioned accused about the recent- outbreaks of fire, and accused made a statement which was taken down in writing, and which, after having read it- over, accused signed. The statement in reference to the fire at the boatshecl was then read. The document showed that accused and O’Sullivan had caused the fire. Continuing, the Avitness said that a. tin containing kerosene was found in the cottage. Witness examined accused’s hand, which smelt strongly of kerosene. To Mr. Kirk: Witness found literature in the room, including “The Bad Boys’ Diary” (laughter, iii which the accused joined). He thought accused was under the average inteligenoe. Accused treated the matter seriously when witness came on the scene, and gave the statement quite honestly.

To the Bench: Accused at first denied all knowledge of the fire. This concluded the evidence, and Mr. Kirk did not address the Court. The accused pleaded guilty, and was remanded to the Supreme Court for sentence. Mr. Kirk asked that accused should be sent to Wellington, and His Worshop said lie would consider the application. THE DRILL-SHED OUTBREAK. The same accused was then charged that he did. on September loth set fire to the old drill-shed, the property of the New Zealand Government. Mr Kirk defended the accused.

Percy Bayly, clerk, said he noticed a light iii the shed on the 15tlx September, at about 8.25 p.m. He went over to the shed, and saw it was a lire. He sent a boy to ring the bell. John Stewart, lineman, said he locked the shed up at 5 p.m. on the 15th September. There was ,a mattress and a pile of papers in the shed some distance from where the fire was discovered. The damage done to the building by the fire would be about £5. The building would he worth about £250.

Alfred Day, telegraph messenger, was called. He said the accused was due at a meeting at 7 p.m. on the night of the fire, but tjid not turn up. Ho saw accused outside Williams’ and Kettle’s after the fire, when the accused said something about it not having been much of a fire. To Mr. Kirk: The meeting was of the International Anti-Cigarette League, of which witness was local secretary. He had known accused when ho was in the Defence Cadets, and thought he would be easily led. Detective Rawle gave evidence that he went to the fire at the drill-slied, and found the gymnasium mattress cut and the straw* exposed to the fire. On September 24th, he, Sergeant Hutton, and Constable Scott went to the accused’s residence in Grey Street, where accused signed a statement (produced), showing that accused and O'Sullivan caused the fire at the Drill-shed.

The accused pleaded guilty, and was remanded to the Supreme Court for sentence. His Worship said he had considered Mr Kirk’s application, and would remand accused to Wellington on both cases. GUILDERS ROAD STABLE FIRE. Tlie same accused was then charged that be did set fire, on September 18th. to the stables in Childers Road owned by Wm. Tharratt. William A. Friar, storekeeper, said his attention had been drawn to the fire :■■■• Ids daughter on September 18. lie g.,t someone to ring the bell. Wm. Tlnirratt, teoachbuilder, said the stables were leased by his wife, and were worth about £l2O. There was a fire at tlie back of the stables on the 18th September, the damage done being about £7 or £B. Detective Rawle gave evidence, and produced a document signed by accused showing that the fire had been caused by O’Sullivan and accused. Constable Scott gave evidence as to having been at the lire. He found a hot tie, produced, near the door, which smelt strongly of kerosene.

The accused pleased guilty, and was remanded to the Supreme Court, Wellington, for sentence. z ST. MARY’S SCHOOLROOM. Foster was then charged that he did on September 24th set fire to St. Mary’s School, Childers Road. Mr. Kirk again appeared for the accused . The Rev. Father Lane gave evidence that the property was vested in the Roman Catholic Bishopric of Auckland. It was a wooden building valued at between £IBOO and £2OOO. On the 24th witness went to the school and found on a stool a wooden rod, to which a map had been attached, on fire. Ho put the fire out and sent for the police. The map had Keen attached to a movable partition. He knew the accused, who had told him he belonged to the Catholic Church. The damage was only to the map, which was worth about 15s. The rod (produced) was the. one that was burning in the school. To Mr. Kirk: The accused had told him his parents were not resident in. the Dominion, and ha<? something to the effect that he never knew his father. From what witness had seen of the accused he thought he had never been properly brought up. Detective Rawle gave evidence concerning the fire, and produced a statement signed by the accused, which showed that he and O’Sullivan had been instrumental in causing tlie fire. Sergeant Hutton gave evidence that lie was called to tlie Roman Catholic School on the jnight of /September 24th, and was shown the remains of a map (produced) by Father Lane. Tt was near some upturned stools. The accused again pleaded guilty, and was remanded to the Supreme Court, Wellington, for sentence. FIRE AT MASONIC HOTEL. A further charge was then preferred against Foster that he did, on September 24th cause the fire at the Masonic Hotel. Mr. Kirk appeared for the accused. A. C. deLautour, law clerk, gave evidence that on the 24th September be was near the Masonic Hotel at about 8.30. At the back of the. premises he saw a glare at the top of the old buildings. He went and told Mr. Sampson, manager of the hotel. They went up some steps to the room together, and found some old paper on the ceiling smouldering, and put in out. He did not see anybody about. Walter Sampson, manager of the Masonic Hotel, also gave evidence corroborating the previous witness’ statement, and said the damage done would amount to about ss. The Masonic Hotel contained 45 rooms, was owned by Mr. Fred Hall, but witness could not say what the value was. Wm. Vredi, laborer, residing at Gladstone Boarding-house, gave evidence that accused had asked him the morning before the fire could the brigade put the Masonic Hotel out if it caught fire. Witness had answered that it would be very hard to say. James Weston, laborer and member of the Fire Brigade, said he was on duty at the theatre on the night of

the Masonic fire, with Fireman Stewart. They went to the fire, and lie returned by Gladstone lload. During tho interval, about five minutes after he returned, he saw accused and another boy. O’Sullivan. Foster said to witness, “We’re going to have another ring up to-night,” and stated ho had rung the bell for the last fire, the detective having told him to do so, and lie had made a terrible fool of himself by doing so. Detective Rawle gave evideiico as to having visited the scene of tho outbreak. and produced a document signed by accused, in which it was admitted that he and O’Sullivan had set the room on fire.

Tho prisoner pleaded guilty to this charge also, and was remanded to the Supreme Court, Wellington, for sentence. Mr Kirk referred to tho statements put in. and said there was a lot of matter irrelevant to the caso, and be would not like it all to go down. His Worship said lie could not rule anything out, and was afraid it woo 4 all have to go down! On Mr. Kirk’s suggestion His Worship agreed to mark in the margin the parts that referred to the exhibits. SULLIVAN’S CASE—THE BOATSHED FIRE. William Patrick O’Sullivan was then charged that, on September 24th, he did wilfully set fire to the Gisborne Boat-slied. Mr. F. Stock appeared for the accused, and Sergeant Hutton for the policeG. Williams gave evidence similar to that in the case against Foster, further stating that when he got to the back ol the shed lie saw Mr. Seymour, who was holding a boy’s hand. Mr. Seymour said the boy looked suspicious, and seemed to have had something to' do with the fire. The boy said, “I had nothing to do with the fire. If you like to come a little way up here I’ll prove to you I had nothing to do with the fire.” Witness asked the hoy what liis name was, and he replied something like Sullivan. Mr. Seymour then left to take the boy to the police station. C. J. Hamilton also gave evidence similar to that in the ease against Foster.

Robert Seymour, jeweller., gave evidence that oni the night of the 24th September, he was crossing the Whu taupoko bridge, about 11 p.m. A cyclist came riding up to the bridge, and drew bis attention to a fire at the boat-shed. Witness ran back across the bridge, and when near the borough stone-crushing plant saw the accused. Witness grabbed him by the arm, and said. “The Gisborne shed is on fire, and I want you to give an. account of being here.” Accused said he couid do so, and stated that lie bad been to the play in the evening, and had just come down the road, pointing to Bright Street, where he said he had left his mates. Witness said that was all he required, and said accused would have to come to tho police station to clear himself.

To Mr. Stock: Accused did not say anything on the road to the station about thb fire. Witness did not remember speaking to Mr. Williams. Frederick Badcock. Muriwai, farm laborer, said he knew the accused. On September 24th. witness was employed in Gisborne, and came into town about 7 o’clock, and went to tho Public Library. He left there at about 7.30. a. d came out into Gladstone Road, where lie met accused. Tliev walked along for about ten minutes when the firebell rang. They then went to where the fire was, in a side street further up from the Masonic. They looked into the building. The firebell then rang again, and witness and accused tnea towards the firebell. Witness then went to the fire at the Masonic. The accused had left him after they inspected the first fire. The second alarm was about five minutes after the first. At the Masonic fire accused came up to him and they stayed about ten minutes together, then walked towards the Post Office, where accused left in the company of a young men. The time was then about 8.45 o m Accused had said nothing at all about the fires. Witness did not know if Foster was the lad accused went away ‘with. To Mr. Stock: Witness was with ac cuscd between the ringing of the iwo b“lls. between ten and fifteen minutes. Witness did not see accused after J o’clock. Thomas Francis Foster, lately cm ployed at driving and grooming ly Mr. Fred Hall, said that on September 24th he and accused went to the theatre together. After the close of the theatre, between 10 and 10.30, they walked about the town for nearly ha'F an hour. The accused' said he would like to see a fire, and witness said he would' not mind, and told accused he know where there was an empty shed, and it would not matter if it was burnt down. They agreed to go and go+ kerosene. They wont together to witness’ house, where he got the kerosene. They then went to the rowing shed, and put so mo straw under a broken board. Witness put the kerosene on the straw and the wall, and they both struck matches and lighted the straw, then ran towards tho bridge. They remained in tho urinal for about ten or fifteen minutes, and then witness went back to tho fire. O’Sullivan stayed near the bridge. He did not see accused again that night. To Mr. Stock: He had known accused about a week. On the night of the fire, after the theatre, witness went with accused as far as accused’s mother’s place, but accused did not want to go in. They had been talking about fires during the evening. The witness was treating the matter in a light manner, and on smiling was reprimanded by His Worship, who said it would have- been no laughing matter had the Masonic caught. Continuing, witness said accused and he were not responsible for Adair’s fire, but O’Sullivan was with witness when they started the Masonic fire. He had heard Badcock s evidence, and was sure O’Sullivan was with him when they started the Masonic fire. Witness did not know Badcock, and had not seen him that night. Sergeant Hutton gave evidence that lie visited the scene of the fire on tlie 24th. He heard a boy had been caught, and went and questioned him. Accused’s hands were black and oily. The oil smelt like cart oil. He also found a box of matches and a handkerchief with grease marks. Afterwards lie saw a hole about three inches long burnt in the coat (produced) which accused was wearing. Accused said lie knew nothing about the fire, and at first said lie was by himself in the street that night, but subsequently admitted having left a companion at the lolly shop near the firebell. He said he did not know his companion’s name, hut believed ho lived in one of Hall’s houses. Foster was then brought to the station, and said that O’Sullivan bad been with him. A statement, signed by the accused was then read. 'Hie document accused Foster of setting fire to the boat-shed. The two bnvs wcjp then charged with setting tho shed on fire. O’Sullivian said- to

Foster that ho was at the boat-shed, lire, but not at the others. Foster replied “You Avere there.” The next morning accused’s mother came to see him in the gaol, Avhero accused made a similar statement. Mrs. O’Sullivan, avlio Avas in the Court, interjected: “He never made that statement to me.” His Worship reprimanded her, telling her to sit down. Continuing, the Avitness said the mother spoke about the other fires, and accused blamed Foster. Constable Scott gave evidence as to having watched the accused at the back of the British Empire stables on the night in question. Accused Avent down towards the Cosmopolitan Club at about 11 o’clock, and turned tho corner. Witness next suav accused'at the police- station. He was present when the two hoys Avere charged by the sergeant later, when the boys Avere in the cells. Witness beard the accused say: “Oh. avcll. you b— — Avell put my pot on, didn’t you?” Foster made no reply. Accused then said: “Oh, Avell, I’ll have to put up Avith it now. ’ ’ This concluded the caso for the police, and as other cases Avere to folloAV, the Court Avas adjourned until 10 o’clock this morning, when all Avit-n-esses in the ease will he required to be present.