MAYOR’S COURT.

Evening Star, Volume IX, Issue 2624, 15 July 1871, Page 2

MAYOR’S COURT.

This Day. . (Before his Worship the Mayor and the Hon. Dr. Buchanan, J.P.) THE ARSON CASE. The hearing of the charge preferred against F. W. Rcichelt, was resumed. Francis Hannigan : My premises were opposite Rcichelt’s. I reside there, and was sleeping there on the morning of the fire. •At about a quarter or twenty minutes after two on the morning of June 13, one of my children cried out to me, “ Father ! father ! there is a fire ! ” I jumped out of bed, and went to the front window. I could see a glaring light at the opposite side of the street. I saw a man going towards the Bell Tower steps from the direction of the fire, crying “Fire!” and 1 think “Police!” he was going pretty quickly. The opposite side of tlie street was dark, but I could see that the arm nearest to me appeared to be of a lighter color than the rest of the body. I would not swear, but I would imagine, that he had no coat on. He ran up the Dowling street steps. 1 could hear the same cry of “fire” at the top of the steps, and after that I lost it. The voice had a foreign accent; it was not the voice of a Briton. By Mr Smith : The first conversation I had about the fire was with the watchman of the Bell Tower on the morning of the fire. He told me he heard a faint cry coming from Princes-st. steps. I saw him at my own door; the fire was nearly out then. 1 asked him if he had not heard the cry of “ fire ” or police,” to which he replied that he had heard a weak cry, and that he then saw a cloud of smoke from towards the City Buffet; he then took upon himself to ring the bell. I won’t swear, but I believe he said that the cry of “ fire” came from Dowling street steps. The reason why I believe Mitchell told me the voice came from Dowling street steps is because I heard the voice come from there myself. Mitchell told me distinctly that he heard a faint cry of “ fire ” coming from that direction—that is, Dowling street steps. At this stage of the proceedings the witness appeared to have got into a complete state of “ confusion worse confounded another question being put to him, he said, “I didn’t come here to tell anything but the truth, and you will not get anything else out of me. Ido not know the crotchets of lawyers, and did not come here to be bamboozled. lam as independent a man as you are, Mr Smith'” Mr Smith repeated his question, ■which was for the witness to explain bow it came that five minutes before, he expressed a belief th at Mitchell had told him he heard a cry of fire from that direction, while now he swore positively that Mitchell told him so. Witness : The fact is he told me he heard a faint cry of fire in that directi >n. My reason for believing so is that ! saw a man crying “ lire” going up to the Bull Tower. That Is why I thought he heard the voice in that direction.

Mr Smith : But do you not see that it is no longer a matter of belief; you have sworn to the fact that “ Mitchell told me distinctly he heard a loud cry of fire from the direction of the Dowling street steps. ” Hoav is that you are able to sAvear in that positive manner, Witness ; I said to the best of my belief.

Mr Smith : Do you not see that it is no longer a matter of belief. Can you explain the difference.

Witness : I cannot and will not. If you call Mitchell he will bear out my assertions. Mr. Smith : But you must explain.

Witness: I will not. You arc crosshackling in a Avay that is not gentlemanly. Dr uchanau : You must not say that sort of thing ; you Avill get into trouble. Mr Smith (to the Clerk of the Bench) : Read Avhat Mr Hannican has said : The clerk read as follows :

Mitchell told me distinctly that he heard a faint cry of fire from the direction of the DoAVling street steps. Witness : Will you alloAV me to explain what 1 did say ; that is not exactly Avhat I did say. His Worship : The words DoAvling strert steps are added. “ Coming from that direction ” were the actual words used by the witness.

Mr Smith : Did you not say that Mitchell told you he heard the voice coming from the Dowling street steps ?• Witness : I would not swear that he told me those words.

Mr Barton : I really must interfere, and object to the line of questioning adopted by my learned friend. 1 ask Mr Smith to sit down.

Mr Smith : I will not sit doAA r n unless or dered to do so by tho Bench.

Mr Barton ; Then both of ns must speak together. I object Mr Smith : To what question ? Mr Barton : I object to my learned friend asking questions of the witness, and without

allowing his answers to be put down, firing at him with another question. This is not fair to the witness. The whole of his answers should go down in the depositions. Mr Smith : I want it all down ; but I do not see why the witness should be shepherded in this way. Mr Barton denied that he had in any way led or shepherded any of the witnesses. Mr Smith : I have not attempted to take down any partial answer. Mr Barton : I shall not attempt to bandy abuse with my learned friend, lie and the Daily Times are equally truthful in their remarks. Mr Smith repeated the previous question, getting the clerk to read the evidence, and asked the witness to explain the difference between the two statements. Witness ; If you leave out the particular place it is correct. Mitchell told me distinctly that he heard a cry of “ fire ” coming from that quarter. Mr Smith : What quarter do you mean ? Witness : From Johnny M'Cubbin’s to the City Buffet. Mr Barton again rose to object, and asked that the witness should be ordered out of court to enable him to state his objections freely. Another passage of arms between counsel occurred, both of the learned counsel addressing the Court together. Ultimately the request was complied with, and Mr Barton proceeded to object to the line of cross-examination that was being pursued. He contended that undue advantage was being taken of the witness’s confusion, and stigmatised the questions as being “ utterly unreasonable.” Mr Smith: Ido not think Mr Barton’s rambling statement worth answering. I shall continue my questions, though it may take me hours, unless I am interrupted by the Bench, because the object of my questions is to test the witness’s credibility, I think I may appeal with confidence to the Bench to defend the manner in which I have cross-examined witnesses.' His Worship admitted the fairness of the examination. The examination was then continued as follows : I can swearjthat Mitchell told me the direction from which he heard the voice come. Mitchell told me that he heard a faint cry’ coming from the direction of Princes street. 1 don’t know that he used the words Princes street; but coming from that direction, or thereabouts What I swear is this : Mitchell said he heard a faint cry coming from that direction ; that is what I swear to ; but I will not swear that he said from the Bowing street steps or any other particular place. I don’t know the exact words ; I won’t swear that he mentioned Princes street. 1 don’t know that I would swear that he mentioned Dowding street, 1 won’t swear that he mentioned Dowling street. I could swear the exact conversation that passed between us. I won’t swear that he mentioned anywhere about Princes street or Dowling street as the place f om which the voice came, or Dowling stre t steps. I don’t know of anything else that Mitchell said, There was some conversation between us about the bell; but 1 don’t know what it was. There was something said ab jut a cloud of smoke rising somewhere about tie City Buffet. There is a lamp about halfway between the City Buffet and Dowling street steps. I watched the mm of whom I have spoken as far as Dowling street steps. I did not see where he came from. When I first saw him he was on the Dowling street side of the City Buffet. ’ At this time there was very little of the fire to be seen; just a glare through the glass. I heard the firebell ring a minute or two after. I saw the man go up the steps. I heard the man cry Fire” several times ; but I cannot say how many. A ll the time he was going towards the Dowling street steps he cried out “Fire’ repeatedly in a loud voice; but it seemed not to be a loud voice. I heard the voice going up the Dowling street steps I then lost the sound. I was subpoened about three or four days ago. By Mr Barton : In the course of the conversation with the BglJ Tower man, I told him about the man X had seen going up the steps. After this ha told me that he had heard a faint cry of fire from that direction.

This closed the case for the defence, and at 1.40 p.m. the Court adjourned to enable their Worship’s to consider the evidence. On the Court re-assembling at 4 o’clock, His Worship said : The evidence in this case is of such an extremely voluminous character that the Bench, although they had given it the greatest possible consideration during the adjournment, have not bden able to go through it so fully as they could wish, and therefore do not intend to give a decision to-day. They will adjourn the case until Monday, at 11, to enable them to weigh the evidence. Mr Smith asked leave to address the Court, but Mr Barton stoutly objected. Mr Smith : I am not going to make any remarks on the case.

Leave to address the Court having been _;iven, Mr Smith went on to say that he felt it to be his duty, having the conduct of a public prosecution, to state—whether he were listened to or not—that from an observation that fell from one of their he feared they had mistaken their proper function. One of their Worships had said they hail not had time to weigh the evidence.

Dr Buchanan : I explained afterwa"ds wo had not time to read the evidence. Mr Smith continued: It was not the province of magistrates hearing a preliminary inquiry into an indictable offence, to weigh the evidence ; if there ws,s' evidence upon which a jury nrght commit, it was sufficient to compel the magistrate to send the case for trial.

His Worship : I did not interrupt Mr Smith, but I will take this op lortuuity of saying I consider his observations wholly unnecessary. For myself I think I have got sullicicnt judgment an I discretion to know the position the Bench occupy in this matter. 1 feel sure the experience and age of my friend will also enable him to come to a correct conclusion. I think counsel has gone out of its way to lecture the Bench, Dr Buchanan endorsed the Mayor’s remarks. Mr Smith said ha had meant nothing disrespectful. The Court then adjourned.