Richard Peacock aged 19, Philip Radford aged 21, Robert Scarrow aged 16, William Norman aged 16 and Edward Thoroughgood aged 24, were capitally indicted for setting fire to the dwelling house of Edward Thredder Fenn, on the 28th of June last, Albert Fenn being then therein. A second count charged the prisoners with firing a barn of Mary Gawtry, also at Soham at the same time.
Mr. Prendergast and Mr. Tozer were counsel for the prosecution, Mr. Naylor appeared for the prisoners.
From the evidence called in support of this case, it appeared that Mr. Fenn and Mrs. Gawtry occupy adjoining premises, there being a low thatched lean-to between the dwelling house of the former and the barn of the latter. The family of Mr. Fenn consists of himself and his wife, and eight children, who were all in bed at 11 o'clock on the 28th of June last, when they were aroused by a cry of ''Fire,'' an alarm which has of late been frequent in the town, there having been several large conflagrations within a very short time.
With great difficulty the elder children were got out before the house caught fire, and the youngest boy, Albert by name, was only just safe in the street when the roof fell in over his crib. It being manifest that the fire was the work of an incendiary, suspicion fell on the five prisoners, who had all been seen immediately near to the lean-to just about the time that the fire was discovered, and on inquiry, it appeared, and was proved to-day, that the 28th being Sunday, they were all at the Cherry Tree public house, about a mile and a half out of Soham, on the Newmarket road, at 9 o'clock. Having left that spot, they were next taken up at another public house just on the outskirts of the town, at about quarter to 11 o'clock, when they quitted the house, and went towards the scene of the fire.
Soon after the flames broke out they were seen going from the fire towards the Ely side of the town, by a man who, recognising them, accosted them from a window, and told them there was a fire. To this one of them replied, as spokesman of the party, ''Oh yes, we know about it. We saw the sparks falling on the roof. Keep dark, keep dark.''
They then all pursued their way, and in a short time afterwards were seen at a third public house, when they denied all knowledge of the fire. In answer to this case, it was contended that the fire must have arisen from accident, and that it owed its origin to the incautious and frequent habit of smoking.
Mr. Justice Williams having summed up the whole case to the jury, they returned a general verdict of Not Guilty.