MAGISTRATE'S COURT

Dominion, Volume 11, Issue 68, 13 December 1917, Page 9

MAGISTRATE'S COURT

POLICE CASES

A CHARGE OF ARSON

Mr. W. G. Riddell, S.M., presided ovor yesterday's sitting of the Magistrate's Court. John Parry Jones pleaded not guilty to n charge of attempting to 'commit arson. .Mr. H. F. O'Leary appeared for the accused. Inspector Marsack prosecuted.. Emma Aitkcn, boardinghouse-keeper at 11 Dixon Street, said that she rented a room to tho accused on November 6. Jones paid for a week in advance. Ho occupied ono bed in a front room, and another lodger (named Johanson) occupied a second bed in tho room. About 9 o'clock on the ovening of November 9, in company with another woman, witness entered the house, and. looked into accused's room. Accused was there alono, and witness told him she was glad to see him sober, as he had come homo tho worse of liquor on the previous night. He replied to her congratulations with "Go to !"' About half an honr later witness smelt fire, and traced the odour to JoiTes's room. Sho found that Jones (whose week was not up for another oouple of days) had left, and had taken his luggage with him. Bedclothes had been laid in two or threo separate heaps on the floor of the room, and they wero burning. Witness and a Mrs. Vogol, who was with her, stamped the firo out.

To Jlr. O'Leary: Witness did not see Johanson (tho man who shared Jones's room) going out, but lie said lie was going to Fullers'. -The bedding referred to before was'from Johanson's bed.Saral} Ann Vogel, who was with Mrs. Aitkcn oh the evening of November 9, corroborated the evidonee given by tho latter. Mary Chambers, of Ghtizneo Street, gave evidence that between 9.20 and 9.30 p.m. on November 9 Jones came to her place and arranged to rout a room. He said he'had been staying in Dixon Street, but that there had been a fire at the house. Another man had been staying in the same room as he. Tho other man_ had borrowed a match from him during tho evening. He had lain down, and after some time had noticed that the rug by tho bed was- burning. While the people in charge of tho house wero not there, ho extinguished tho fire with blankets from the bed and with his overcoat. Ho had to leave because he suffered from asthma, and could not stand the smoke. That was his account of tho matter. .

To Mr. O'Leary: Witness had had' Jones at her place before, and was quite willing to have hin'i back. She knew that he'suffered from asthma.

The constablo whom Mrs. Aitken called into her place on tho evening of November 9 gave ovidenco. Constable Black • said that he interviewed the accused, and asked him for an explanation about the fire.' Accused said that fairly, early in tho evening, while he and Johanson. were in the room together, Johanson asked for a match. '-Accused'-had none, but Johanson produced oue after a short time, and sthiek'.it. Then Johanson wont out, and accused lay down, and went to sleep. ■ After a time he'smelt (ire, and, finding an outbreak in tho room,' extinguished it with clothes from Johanson's hod. When ari'ested, Jones'said that the charge was ridiculous. AVitness knew of a man named Johanson, but he was away at present on a vessel, and could not yet bo secured as a witness. To Mr. o'Leiiry: Jones made no attempt to conceal what his movements had been on the' night of : November 9. He did not tell witness ; al>dut his asthma, but its symptoms were apparent. ■ . Jones pleaded, not guilty, and was committed • for trial in v the Supreme Court. He was allowed bail in his personal suroty of £100; with' two other sureties of £50 eaoh or one of ■ £100. - CASE DISMISSED. . "I do not propose ;to convict a man on that evidence," said His -Worship, after hearing what the police had : to say of a ■ theft charge against Walter Turner. Turner was alleged to have stolen a bvief-bag and certain' articles of food—ham, fowl, and; fish—the property of someone unknown. A constable stated that he saw. Turner, who was drunk, going lip' Cuba Street, carrying a bag.- • He-.appearcd anxious to avoid- witness, who wont after him, and asked what-was in tho bag. .■ Turner - said: "Nothing," -but witness insisted on the bag bmiig. opened.. - Inside - lie found tho ham, fowl, and fish. Accused-said he -bought the bag somo time previously- and the articles of food that evening'in Cuba.' Street.' Witness made inquiries in tho shops in Cuba Street, but -could find no one who had sold the food to the accused. The bag Turner saidiio purchased at an auction sale.

The further- evidence given' by tho. police did not disprove Turner's story, and Mr. H. F. O'Leary, who defended, submitted that there was no case, to answer.: His Worship dismissed the information charging Turner with theft. Ho convicted the accused of drunkenness, and discharged him. THEFT CASES. Mortimer Brockie pleaded guilty to tho theft of a Pyrene fire extinguisher, the property of the Post and Telegraph Department. • He was ordered to come up for sentence when called upon. George Edward Nicholson, who hud stolen a cigarette-case, a collar, and a handkerchief, from a" room in an hotel, also entered a plea of guilty. He said that he was eighteen years of age. His Worship admonished the lad, and told him to be "honest, or as honest as ho could be," in future. Nicholson was ordered to come up for sentence when called on. Abe Novak, a young man. of a strongly Semitic east of countenance, pleaded guilty to a charge of stealing a. wallet and its contents from a man in employment along with him. He was fined 205., and "iven tho alternative of serving a week's imprisonment. FORGING AND UTTERING. David Carter, alias Goodwin, alias William Carter, was committed to the Supreme Court for sentence on a charge of forging and uttering, lo which he pleaded guilty.