AT the Frankston Police Court on Monday last, before Messrs. C. V. G. Williams, C. W. Grant, W. Armstrong and Luxford, J’sP., a man named Arthur Nichols, aged about 30 years, was charged with unlawfully setting fire to a dwelling place on the 8th February.
Senior Constable Bray conducted the prosecution, and Mr. Barnett appeared for the accused.
The case, as outlined by the police, was that Nichols had been working for Mr. Mervyn Jackson, dairy farmer, Wells Road, Frankston.
He was dismissed on 13th January.
On the 27th January Nichols paid a visit to Jackson’s house, but soon left again.
On the 8th February, at about 2am, Jackson was aroused from sleep by the cry of fire, and found that a hut in which two of his employees were sleeping was in flames.
A sheaf of hay, newspaper and wood had been placed against the door of the hut and set alight.
Another employee, who was sleeping in a separate shed, fortunately noticed the fire, and gave the alarm; otherwise the men inside the burning hut would probably have been roasted to death.
One of the men escaped with a blanket wrapped around him.
On the 8th February Nichols was seen at Frankston at 6am, and he left for Melbourne by the 9.29am train.
George R. Childers said he was employed at Jackson’s dairy farm, and on the 7th inst slept in the chaff house.
At 2am next morning he discovered a fire burning the door of the men’s hut, in which McLeash and Mahine were sleeping.
After arousing Jackson, he knocked on the door of the burning hut with the tailboard of a cart. Mahine and McLeash were inside the hut.
There was straw burning in front of the door, with sticks and newspaper.
The straw was jambed under the bottom of the door.
Cross-examined: The haystack was some distance from the hut.
He saw no straw lying about the yard before the fire.
Witness had been in the men’s hut that night, and left about 9.30. There had been no drink about, and they had not been smoking.
John Mahine deposed that on the night in question he had gone to bed at about ten o’clock.
A little later he got up to yard up some cows which he saw through the door of the hut, which had not been closed, as the night was hot.
He found that Mr. Jackson had just brought the cows home from Dandenong.
At 11.30 he went to bed again, and at 2am was awakened by the cry of fire.
He ran through the flames with a blanket over his head. Afterwards he saw burnt straw, sticks and paper in front of the door.
Cross-examined: He had not been smoking that night. He went to bed by the light of the moon, and did not use matches.
Childers had not been to the hut that night, but witness had visited Childers in his quarters, and gave him some matches, as he said he wanted to have a smoke.
There was no straw lying about the yard.
George McLeish said he occupied the hut with the previous witness on the night of the 7th February.
He thought the noise of the fire awoke him, and he pulled the door open, but closed it again, as the fire seemed to get worse.
Then someone from outside opened the door, and witness assisted in putting the fire out.
He saw straw, paper and sticks lying near the door, partly burnt, and he expressed the opinion that a deliberate attempt had been made to fire the hut.
Cross-examined: He had been with Jackson for eleven weeks, and knew Nichols. He had no quarrel with Nichols.
Mervyn Herbert Jackson said Nichols was always threatening to leave, and finally witness told him to go.
There had been a disagreement over the food.
Nichols visited witness’ place on 27th January, and asked for a drink of water.
He said he had lost his bank book in Melbourne, and had returned to Frankston to see the bank manager.
Witness gave corroborative evidence relating to the fire.
Cross-examined: Nichols complained because his afternoon tea was taken to him in the cow yard.
Mounted–Constable Mahoney, stationed at Frankston, said he visited Jackson’s farm on the 8th inst., and saw the men’s hut, the door of which was partly burnt.
There were fragments of burnt straw, twigs and paper near the door.
There was a haystack 50 yards from the hut.
A sheaf had been taken from the rear of the stack.
Evidence as to the movements of accused that day was not admitted.
Andrew Edwin Keeley, railway porter, said accused spoke to him at the Frankston railway station on the 27th January.
He asked witness two or three times how the chap was getting on who took his place at Jackson’s.
Frank Pickup said he was employed as driver at Mr. Oates’ dairy.
On the morning of the 8th February he saw accused at about six o’clock outside Morgan’s, in Young Street, Frankston.
Constable A. Smith, stationed at Russell Street, gave evidence as to the arrest of accused in Lonsdale Street on the 9th. inst.
When informed as to the charge, he said he would not do a thing like that.
He also made a statement which was committed to writing.
He had a bank book, which showed that he had about £40 to his credit.
Mr. Barnett submitted that there was no evidence to connect Nichols with the fire.
The bench upheld this view, and accused was discharged.
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IN a bush fire at Langwarrin yesterday, Mr H. Gamble, of Frankston, it is stated, had about 100 tons of firewood destroyed.
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AT the Criminal Court on Wednesday, Robert Rivett, aged 19 years, of Baxter, was found guilty of having shot an invalid pensioner at Myrtleford at Xmas time, and was remanded for sentence.
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THE Pictures will be shown as usual tomorrow night, but not next Wednesday night.
Hansen’s Pictures are showing to large audiences at the various Peninsula resorts.
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A PLEASING little function took place last night at the Mechanics’ Hall, when the committee of the Frankston Athletic Club assembled to make a presentation to Mrs H. McComb, who for many years past has assisted the club very materially by undertaking the catering arrangements in connection with the annual sports meeting on New Year’s Day.
In presenting Mrs McComb with a silver rose bowl, suitably inscribed, Mr T. J. McMurtrie, the president of the club, made graceful reference to the work carried out by Mrs McComb whose gratuitous efforts had resulted in financial gain to the club.
The gift, he explained, could not be regarded as a reward, but rather as a small token of the appreciation felt by the committee for the willing assistance always rendered by Mrs McComb. (applause)
Cr G. A. May heartily endorsed the president’s remarks.
The value of Mrs McComb’s work could not be over estimated, or amply rewarded.
He believed Mrs McComb was one of those good souls who derived their pleasure in working for the good of others.
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From the pages of the Frankston and Somerville Standard, 17 February 1922
First published in the Mornington News – 15 February 2022
