A LUMINOUS SUMMING-UP

Ashburton Guardian, Volume VII, Issue 2153, 20 June 1889, Page 2

A LUMINOUS SUMMING-UP

Justioe Cave delivered himself of one of those luminous aammings-up, ssys the " London Star," for whioh he ll 'so justly celebrated, %t the Old Bailey, on Wednesday afternoon. It was Id the oast of , Michael Oullin, a laborer, lodging, together with his brother, at a house at Llmohouie, He wcnUhomQ drunk one night, and found that his brother, with whom he slept, had got more than hia fair share of the bedclothes. A* tha brother would not oonaeut to redistribution, Miobael set fire to tbe blanket* and sat down and calmly smoked hia pipe, whilst his brother beg nto frlszle. How ever, tha brathar woke up : aome of the neighbors oame In, and tbe blanketa •nd the brother were rescued, Justioe Cave squared himself op, took a long breath, looked the jury straight ill the faoe, and said ; This ia a a case m whloh tbe prisoner ls obarged with wilfully 'and maliciously setting five to ihe bedclothes. This would b. felony and I will tall you why. It ia a very complicated matter. If he wilful y and maliotouily sat fire to the bedoloihe., it wonld be with intent to set fire to the bouse. Now, the question is, did he set fire to the bedclothes with Intent to set fire to the housel If he maliciously set fire to the bedolothes, and so set fice to tbe house, then, although he set fire to the bedclothes without tha Intention of setting fire to the house, ha wo-ld be held to h.ya set fire to .the bedolothes with mai'olon. Intent to sat fire to the house, for the law pr.iumea tbat when a man maltoionsly ae.s fire to tie bccLlothee be Intends the natural consequeaoes of his set, and so not only tt.ta.da to set firo to the bedolothee but alsOfcio set fire io the bjuse. But If he set fire to the bedolothes without intent to est fire to the honse he oannot be and to have let fire to the bad* clothes malioloualy aud with intent to let fire to the house, Ha might hava ist fire to the bedolothes knowingly but with no Intent to set fire to tha house, or faten* tlonatiy with intent to set fire o the bedolothes aod not necessarily to act fire to the boose, ov malioiously with intent to set fire to the bedolothes and ao te act _re to the houae. If he se. fire to tbe • home wl h intent to act fice to the Jbedolotheji, he oould not have let fire to the house olothes with intent to eat fire to the bed. Bat txs s.t bed to the houae fire wltholothes\o set fi-e to the intent, and not bave set house to tbe bad fire with intent to sat olothes to ths fire, If be did ao he ls guilty, if he-did not he la hot guilty. Consider your verdict. Hit Lordship fell baqk exhausted on fhe becoh. Thvee of the jury were taken off io the police ambuiauoe to a lunatlo asylum. Tee others, who had taken the , precaution to put tbelr fingers to their i ears, said "Not gattty."