SUPREME COURT.

Dominion, Volume 6, Issue 1666, 5 February 1913, Page 7

SUPREME COURT.

(Before His Honour Sir Ju'sficb Chapmnn.)

THE WRECKING OP A HOUSE.

JOHNIM'SpIME.

■ <-■ ■■'■';'•>.:■'■■':■:.■ '..-' '.-. v .:' ■■'- : v; - SOME STRANGE'TESTIMONY.

:." vj ■'■.■''::••'':'';-' v ■■'■:; ' \\ X\i y '\:.':'" i ••■■'■' ■■ \ ;•• ■;' Hearing 'of, tho'somewhat •tinu'snal, case ; .; • against?; Albert, Johi'Ucir was":resumed in ',':,; the SupjomoC^uffc :,•:,.■.: wos-'ihat',on.■ Nbverabef. 5, at v;, I .he placed.ah. explosive'', in., ;a ■■ building. ■■;..' [.- -; • owned '.by Mary, 'Ahn\ Uuy (his -.mother); >.' ; ..!:witli ,iatenfc i: to, 'damngo' or' desiroy ;■ the U I'J building/ ..and '■'■ 'dlsb'itbafr.',he -did, actually, ■■■f/: ■ riiicr.wilfully,.destroy building'. " ; .'*.'■;'._; '. '■:' ■'"■',■'. - -'Mr. iV S.- K. Macassey: appeared ..for. the. ,\ ;;/;,V.Crown, ajui Mr. L for Hdy^■ ,;■:■;;,. Jredericfe Hercack, .;' • -'Cused, ywasVealledt"Jfte':sfatid' fiiat;'jpribri , '•;'';. tirrte "'of.:tfo -TJdy/rhad; ~;.'.■•■ ■■'.' beoh :drinkiiig:LS"i|e;;(witnefs);; ; heard.;fho ;,"■ .•..'explosion;jahd^^'eguently,;;found ."tJdy '. lying in I a fo about 'ai-'ebnia ;and ' ; ,;_i' a ffOnr/vt'lio- dem'olishedVh'juse.; ; : V '•'■■ \\ i'J-'. ~'when.:.withoss;;;'pfM«ded';;;.rb;;:the.;; ffceii'ev '.'■ I sy:.(after,'the ;eXjplt>s'ioh}A he, : ilpiiti'4' that''ihe ■ ''.';. l- ■:.where.;: i ;>V]:i fSti'i*:- :. : ." v -'i.' i ;v: ; ; '^l!William;J6hn : Haii r Tfa?'th6 next wjitness;!. ':■■. ;;..■'■• He sta | ted;that%h*.knevr,-the-.acAu'seid;:but: i^^XvnsjndtTei^ed.to'hiitt'^Gn^tho^wnini;: )■ ; :-.^ of 'November; :5;h6 saw',!i3oused i\bout',*.3().. • ,; - u Accused itfas ■iust;gOi%.!ipme..|t;hen.! / 'He;i

also saw him at 8 am and again rtt 10 I B. m. bitoie tho etpIoSMTL. He saw tho accused tike a horse ami gig away i"rom . behind tf.o hou<*, ' and remove them about .i chnin and a Jialf n|iay Ho did not see where accused went ajftorj wards , • i Jlr. Maci | ;se}'' reminded witne=s that ho had given different evidence in tho 1 iwer comt, whoio he had 'aid that accused (aftei taking the horse and giginwajjljiad . returned t|) tho house ; 1 J Witness repeated that he really hadj not noticed wh.e.,o accused went. , His Honour- "Don't let us have,any fencing about this. WVvo had tho ian illy here already' i ' Witn"?s ngun contradicted certain K>vi- , d'enco which he had given in thV court below j i Jtfi Macassoy 1 thinlf.'jom Honour, I ' am entitled to, treat this witness as ,a hostile witness 3 ' His Honour Yes ccr'ainly. ' Witness w as woss-e\amrncd at length as to his movements after tho explosion. Ho , 6nid ho, iiad not gone ovei to Udj's place I immediately' after tha explosion, as ho had thought "there might bo a court case about t it" Udy was not a soher man, and he was "violent and mad-headed" ' i when he wai in drink, and ho did nbt agree very well with his wife. After tho explosion, ho heard a noise—something like a bcieain—at accused's place, and he went over. Accused was then being held down by Hercock and some ofcheis Samuel Oatea slated in ovidsmc© that when ho heard tho explosion ho went over j to tidy's place, and saw that ,tho hoiwp was "blew up " Udy wai lyiilgi a hty.le . distance- froin'the house Witness did nob j Over to him, as ho Boomed "to be all I rright enough," was not /'singing] out or anything." k i Arthur .Reginald Doyle, a labourer cmplojod on .Cidwnlladers tarm, stobod that he went orti to Udj's after tho explosion Someone sent lum to look- for some caps in a shed away from tho house, but no fouud no caps there. Udj was lying on tho gionnd a little distinco away. Witness , did not go ovor to him Mr Macasscy. Why did you not go ovor to him' Witness- I didn't think .ho v was is too good a humour to bo snokou to Tho man was desperate, and I thought I might got a crack, so I kept away To llr ilaunsell Witness did not knowthat ITdy suffered from fits, but knowthat wlren ho was intoxicated ho went 1 , "inoro off his head than mo»t men " Norman bidnoy Cadwallader, undo of tho accused, stated that, after tho cxplo- , sion, ho iaw L'dv lying down, but did not go over to him. It had certainly nevei occurred to-him that TJdj was hurt Myitlo Hercock stated that Udy had 1 etayed at her father's hoaso on tho night i before tho explosion She did not go o\er to TJdj s houso when the explosion happ&ned, bn,t she met Udy later, and had a Conversation with lum In thi3 <,onversition sho bid not mentioned tho

■Wowing'np of'the house. She.had in fact ■ ' . revbr Jieard^nny: of.tho.es- ■"- plbsioiij-hndi'sho had. never made any in-: i '■' (. about ;it." <A ■;, ■!, - - -|-'j-i-T-I. ','v,--'. ,} ■■).-, '■ James Hudson ..Warrington;.said he went f ' , :to tTdy*s house Lexplosion. . He' j ', : helped to put the fi.re; out/.but; this, bceu,V".'" -pieq 'only, a ifcw,niinut«s,; J and, lie' Stayed i .'■ .; on .until aboutV.four.'ib'clpckl'.i.TJdy'. came ,'„.'., ';orer andispokeito tllre'ofbr'-,'fdiir, ; 'of.them.' :.'.■;. Udy sald': : ( "It's.- n,;ilerribler;shipwreck!''. ■ •; '• Nolwdy.said'a'^wbr'djh.re'ply•'.t6--.tliij'state-' ■,''..''.■>'.','. went.'; ; ;'iv'';'';;'v. ; i;^'i«KrV:i:-';;/■; K^';,-''. .■■:.'■:■■'■ ',■■' Martin Jphnsbn,-.n!'contractor,.gave cviv ■;:,.. .'"deiice as; toi the -nature .of; gelatine; as;an ''■ : -; ';•:'■ .explosive';,;•;•. : )V ; ;6. -•'(,'' ; "i'.-.r'-K -;''r'"'. '■■■■ ~:,... -''Detep.tirb.-'Masph'; deScribedUhe,scene of, ■;;';''. tho explosion;,as?he saw. it on November 6. . '..;';;,'!;On ; November ! B.he,interviewed;TJdyJ and. :';.••,;;.'. asked -him.-.whether he could givb''any.'ex-'. ■ ■;v',;'.''■,." plnnation of tho explosion; -and'Udy •.re-- : ; ; ,';'. plied: "I;know, nothing, whatever; about .. ; .''Ud.v.'-\v'alk6d- up and down the robm ';!•'•.; ';■: jn'frbnt'pf nib,".said Detective Mason. "1 (.-.',;. -asked him to.take'a seat, and he refused. ■•"[:■, ; I. asked liinv;'lsMt not a fact • that ,'y°u ' •;.. ; ; Were' present at ; the.explosion'?' - He.said/ 1 '■'~;'Yes,'l was there, but.'l; know, nothing .-■■•■'.■' 'about' it.' He oventually. -walked outside. ."v.'"-.. ,: I waited till ho. returned,land I then ask- ;, •.■'■■ • ed.him'iwherb ho had the explosives stor,- : : ,ed.; He/said,'ln the hbusc, : inthe lumber , >.'-'■'■■' i room 'ht' the/back.';', I ;asked, him how s' j.'',' I '-" 1 .iiiuch explosives ho. had.'and he said about ):'■'.: -.':,; 50, poiinds,,of gelatine,jbnt. he" had used ;, .'•'.; ; 'fibme bf.dt for,. blowing'i'tip 'stumps. ;. I ; ;: ,'; -''asked -.. him'-'if'it;was all.6fored..'together, ';'■'■>■■!'. '.and he said-.'l'es'.', : ':H6 ; kept'Walking'.up ; : .'and down,in front' of-nie, 'arid appeared 89 .'•:>■ .'■•■ ' - -if he'did hot wish irteto question him fur' ; ,•' ;.'•;/ ther:'; Oh the' following 'day I laid anin--'■"'formation and -obtained »,warrant for hi 9. - ■'■'■', arrest. \Vhen charged he made.no reply." V'., Thb depositions of' Constable 'Carmody : '(who died since the explosion) .were put in andrcad.- ;'■ -,\ , % V,'-';■'..'. ,,; -',-''-.'"•', •'.- This concluded the case for 'the Crown: and Mr. Maunsell intimated that he would ; ; . ; not'call'evidence for the defence. Counsel : : ',--.: /--addressed.the jury; -; -~""- "■-■■■;'■ ';,.',;' i Mr. Mncassey.'suggested that the motive ',-for- accused's' action '■'. 'was ' revenge'. Ho found that-cows which had been -on his , •"'• '' property; had been taken .away out of his : .' charge,'-and,in a fit of .anger ho blew up '.'the! house..: He'remarked' upon the con- '.'■■< duct 'of the 'witnesses. Scarcely one of • .them had gono overto see what had hap- "'■■■' pftied 'when the house was blown up. They '.„.iall - suddenly found their, mothers or ' ■'■■ I their-grandmothers in hysterics, and when theydid go over to-the place' they appar- .•■'••' cntiydidnotspeabtoUdy; - : , Mr. Alaunsell said that the reason why accused could offer no, -explanation of '.what occurred was that his mind was an ■ ■,' absolute blank' n3---to what happened. Drink was the cau.se of the trouble, and ' he urged that when a man was deprived ,■ ' of 'his rearon as the 'result.'of dnnk that i .'•' was an ab'sblute....defence to", the crime ; charge. -' ,'■ ." .' ■ . ,•■',,"'■ .'•■ ■ • ~ 1 ■'■' His Honour, addressing the jury, said: '(The trial of. this case has .developed some extraordinary circumstances.- You ■!. can't help seeing that in a,largo measure th-a Croivii' Prosecutor had, to endeavour/ to extract evidence from unwilling wit-ncsses-I don't say imtmthftil witnesses, but from witnesses who decidedly showed they would rathor, not have:been here. Nearly all the witnesses, putting aside tho nolice and those speaking of, purely tcchi -nical matters, were related to the accused,, and Hall and Wnrren seem to have shawl . >; the general reticence'for some reason that Is not very apparent." His "Honour then proceeded to traverse tho evidence. • _ After'a Tatirement of three-quarters';of ' ■ '■ an hour the jury returned with a verdict .of "Gniltv." ' ' ' ; ''! ',". ' , Hi«f Honour deferred, tho passing of sen- :. tence, ■. ■ - ; -

' ■•;..' serious crime.;.;-''.' ;■; TWO WITNESSES.COMMENDED. ■ John Gcorgo was indicted that on January 22, nt av'ewtown Park, ho assaulted n girl, nino years Of age, with, intent to commit a crime. Prisoner pleaded guilty.' * • ■"■. • ;. Sir. P. S. K. Macassey appeared for tho Crown, and Mr. C-"V. -Coulter for the , prisoner.'■ '■' '.•.'■ J • .. '• •';: :, ,> . His Horioiiiyiii "passing' sentence, remarked, inter h'liu, that tho only -circumstances which inndo it possiblo-'ior him to inflict ti sentence less than tho maximum was lhat.no -Yiblenco was used. Fortunately for th'fyg-irl. and'fortunately for the prisoiier, 116 had been interrupted. , His Honour said.it was Hot long siiico a inah had appeared before him charged with' a like otftince, except that .that man whs not interrupted,, atid that innn was'now serving a sentenco of'2o years with hard labour. : '.;'■ '•;.■-. .'.'-, ;. i Prisoner.,was sentenced' : to"i'imprison-:mbnt-for seven.'years,, wittf hard labour. "I wishv v t6 ; say .with'reference to this case," conimnecl .his -Houour, \ ''that .tho :Graud ; Jury has hiado h special presentment' that they wish heartily to commend the action, of the two men, It. Blcncoo and, Creol'ge ElorencK .in .this' case; 1 entire-' ty concur', with.'thoni. These men acted with vigilance,-' anil' acted in '. a manner which should, conilriehd them to' the approval of every' good .citizen. There can 'be no doubt whatover that what 'I ;have <>aid about'thatiman is true—that if these two men had' hot intervened,' ! a .disaster would havo'happeriedtorthis child and her family—the'greatest disaster that can 'happen'toVa ."■.; . ■,'.:.:1 shall takVcafe to-forward this "presentment to' tho Government'and. to'the employers of ;theSe.twb men.", ;. : ,-,, ■ : '■'-'; -- -''.■ ;. ;^V'-^i: -.;;y.^u.iLTY.v.':/:;:v.: r '.''-. V William Hnmmirigton, alias Hill, was charged 25, at'Welling:tOn,;he assaulted, a'child six "years, of age,' ~ Mr.' PI S..'K." Macassey appeared for.the .'Crown," aii.d;.Mr.S'-C.;: V. Coulter ■■ for 'the prisoner./,'',:!:' .•;';'.''-.V-; ' >■'■■ -\.i'--'' Tho ! jury'Tdturned;a. Verdict of .-guilty" after, fivo minutes; retirement., ■'•■ '.-.■ : : 'His Honour-intimated that'he" would ■probably '■ pass- sentence this, morningV- ,