SUPREME COURT.

Evening Star, Volume IX, Issue 2791, 27 January 1872, Page 2

SUPREME COURT.

CIVIL SITTING. YmWPA-Vt (Before his Honor Mr Justice Oaapman and a Special Jury.) REXCHELT V. NEW ZEALAND INSURANCE COMPANY. [By one of those stupid typographical blunders which occasionally occur in the hurry of getting an evening paper to press, our report of the proceedings in the Supreme Court yesterday was rendered almost unintelligible by the confusion of the evidence of two witnesses. Mr Elliott’s evidence was thus mixed up with that of Reichelt’s. In order to give a correct report, we reprint the whole of Eeichelt’s evidence, with the omission supplied.] Frederick W. Eeichelt, after giving some evidence as to the Goldammer purchases, was examined by Mr Smith as follows : What were yqu spjblg oji the l|tji June, the day before the fare? I’was doing'nothing particular. I was in my shop and office, and sometimes in the yard.—Sometime before the 12th you bought a tin of luciue from Kaymoud, I believe? Yes. It was in my office. There was a little recess in the office in which was kept a tin of kerosene, and alongside the kerosene the luciue tin was standing. There were two shelves in the recess. I was suffering from stomach-ache on the 12th, and had occasion to go into the back yard several times on that day.—Were you in the habit of taking a German renudy called stomach bitters for complaints of that sort ? Sometimes I did. I had some of those hitters in my office at that time. I kept the bottle coutaining them On the second shelf of the recess, where the kerosene and lucine were standing. There were German bitters in the recess, I used the bitters on the 12th, about 1 o’clock, before I went to lunch at Murray’s.—At what time did you return on the night of the 12th ? I went to bed about 12 o’clock. 1 did not undress myself because I wanted to go out again. You say you did not undress yourself because you proposed going out j wfaat purpose had

.you l in ~vietr ?«;' I had an appointment. Where?- DoWn at myodace.—With whom ? I don’t think. I should, answer that question.

His Honor : I think the names of persons ought to be avoided. It is rather unpleasant.

Mr Smith: I know it is, your Honor; but I think in the interests of justice, feelings of that sort should be laid aside. His Honor : If he says “ it was a woman,’* will that do ?

Mr Smith ; I must have the name. I have the permission of one person to use her name. (To witness) I ask you, what it Mrs Wright ? Witness : (after a pause) It was. When was the appointment made ? It was on Monday, when she came into the yard.—Was that during one of your visits to the back premises ? 1 bad met her often enough before.—Was there anyone present ? His Honor: These sort of appointments are not made in the presence of people. Mr Smith : That yard communicates with Kaymond’s yard. Is there not a door between ? Yes.—State how the appointment took place ? On the Wednesday previous—in the evening—l saw her up at Miss Cane’s. There were two girls sitting at the left of the fireplace.—Was Miss Cane there ? Yes. —What room was it in ? The kitchen.— You say there were two girls present? I made a mistake at first. I said, “Is that you, Maggie ? ” Miss Cane replied “ No, it is a young person from the country”; that is, Mrs Wright.—ls Miss Cane’s name Maggie ? No. —At what hour was this ? Towards the evening, . Before or after your dinner ? lam not quite sure; but I think after.—State what took place. Some jokes passed ; all took part in them, Mrs Wright as well.—Nothing of importance took place ? No.—You swear that to have been your first meeting with Mrs Wright ? Yes: On the following day she came to my office and asked me if 1 would oblige her with a few postage stamps. I said, Yes. I offered her a chair, and went from the shop into the office and offered her different stain; s. We talked a little while. —Was there anything said about the appointment ? No.—What took place at that interview in the yard ? On Friday she came again to my office ; she said she was in mourning, and wanted to look at some brooches and earrings.—Did she look at any ; did she buy any ? No.—Why not ? She was to call again.—Did she call again? On Snivl.y evening I was in the office; 1 had the office door open, and could see persons going out. I heard two persons coming down : it was Miss Cane and Mrs Wright. Miss Cane gave me a scolding: She said I was watching her.—Never mind the scolding. I want to know what took place. The appointment was made on the Monday ; we got acquainted, of course.—So you say the appointment was made in the back yard on Monday : just state exactly how it came about. We met there.— Who spoke first ?—I can’t remember what I said.

His Honor : Are wo to have the whole of this little courtship ? The 'fact of the appointment is no doubt important; but do we want the details of all their little billings and cooings ? Mr Smith : Who was the first to speak of the appointment ’ —Witness : We came and looked at each other ; I said I should like to see her to-night. Did you say when you would come down ?—I said the mnsic at the Buffet was playing rather late ; and I said I would come down after. You left your lodgings at what' time ?—A good deal after 12; near one. How did you go to your premises ? I went down High, Clark, and Maclaggaq street ;up Rattray street; went up the step| and went down the back way to my shop.—Why did you go that way. I generally went that way, because Miss Cane was sleeping just over my shop door, and I did not want to disturb anyone.—Having got down the bank, what did you do ? 1 went into my office through the window, which was shut when I went there.—After lighting a luciue lamp, I took off my boots, put on my slippers, and went up stairs.—With the light in your hand ?- No. Where did you place it ?—On the table. How did you light the lamp ? With a match, I think. How did you get out of the office ?—I unlocked the office-door. With what key ’—The usual key. Did you take it down in your pocket ?—I don’t think

1 did. Where did you get the key ?—I can't remember—Noonan sometimes hang it in the recess ; sometimes jast at the door. After unlocking the door, I went up stairs, leaving the key in the door. I closed the door. Did you get inside up-stairs ?—Ob, yes. Was there any door ? Yes. That door could not be locked, because it did not lock. His Honor : Into what room did you go ? Witness : Into the kitchen.

Mr Smith ; Did you meet any one there ? First there was no one.—Who came then? Mj,s "jyright,—How long had you to wait before she oawe 'i You a little knock, and she gave an answering knock? No‘j I had to wait abeut 10 or 15 minutes.—How long did you stop in the kitchen ? A good while.—How did you account for the lapse of time before she answered your knock ? She did not hear; 1 had to knock three times. —How long were you with her? I cannot say. —Was it an hour and a half ? It might be.—After that, what did you do? She said there was some one in the office. I said it was nonsense; there was no one there. She repeated that there was some one. I went downstairs, and she followed me a little way down. On opening the door I saw lire; 1 closed it for a moment, and flames rushed out. I told Mrs Wright to •waken Miss Cane and the other inmates of the house, I opened it again, and gpt ap old bag lying in front of the door in the pas* sage. Taking it, I rushed to the comer where the recess was, and damped it down like ou the flames, which were all round. The whole room was in flames, as well as I could observe.—Did I understand you to say when you flrst opened the door the heat was so great as nearly to knock you down ? The heat came out in my face, and I found I was burnt, but 1 did not fall at the time.

After bavin" made those exertions to put out the lire, what did you do ? I rushed out of Miss Cane’s passage door.—Do you recollect whether in rushing out you had the presence of mind to shut the door after you? i think I shut the door. I did not lock it, I went up Miss Cane’s passage- I knew t /e run of the place. 1 gave the key a touch and went into Princes street crying “fire and police.” I cried “ fire ” in the passage, and as I ran along the street- I went «p t! fl steps in Princes street, and towards the Bell Tower. When I got quite near it, the watchmau commenced ringing the bell, 1 then went down the Kattray street steps.— Why did you not turn back and help to put out the lire ? The brigade was alarmed, 1

thought I should hurry home and get on a coat and a pair of boots I was in awful pain.—Did you require a coat to put out the are ? His Honor: He did not give that as a reason. He was in great pain, whi his a good reason. Mr Smith: Then why did you not go back aucl give assistance? Assistance was called —I know that. The bell was ringing, and everything was safe except me. The inmates of the house 'were aroused. Did you know your goods were safe ? So long as lives were safe, I did not care for my goods. —According to the statement you put in to the Insurance Companies, LIOOO <vorth of your own property was in danger of being destroyed by lire unless timely assistance was procured to extinguish it ! I called timely assistance. —Raymond, a particular friend of yours, slept in bis place next door to yours, and there were Allen and Ins* people : whv did you not arouse them to put the fire out ? L roused the people by crying “ fire.” If 1 had delayed five minutes the whole block must have gone. When I found I could not put the fare out, I ran to give the alarm to the watchman. It was my impression at the time that that was the best thing to do It was no use trying to alarm all the people about, and let the tiro go on.- When you got down nearly mmosite the police station, you were arrested bv Sergeant O’Keefe ? I was running up towards my borne. I know a man—l thmk it was a policeman—came one way ; and another another way—l was in fact surrounded.—When you were going upMaclagcan street, and when nearly opposite the police station, do you recollect a policeman crying out to you, “ Halloa, mate, where s the fire?” I cannot recollect anything of tte kind ; I had only one object in view.— Never mind that at present; you don’t recollect the policeman calling to you ? I s wear that • I might have been puysu d, but I did not try to run. 1 swear that positively. ' I saw a policeman coming in front of me and another following me, but I did not think they were running after me.—Do you not recollect, after having got some distauce beyond tlie police station, turning sharply round and going back again ? I must have done it instinctively.—Why should your instinct make you go the very reverse way? Well, in fact, I don’t know what Idi i then.—Do you recollect being knocked down by Constable Hodgkins with his coat? I know I was knocked down.— Were you not at that time runumg back? I was making my way home. [Witness was here examined as to the statements made by him in the watch-house. He said : ] I made no statements at all. Farrell was always asking me questions, and they put down my answers on paper. Then they said : ‘‘Come along and write your name. I said, 1 can’t write;” and then they said: “Touch the pen.”—Did you not tell Constable Baxter that you went down to the shop to get some medicine ? I did not think it fair to say what I was there for ; I would not have told it to any man. There was one of them on each side of me, and they dragged me from one room to another. —Then they tortuied you I suppose? They did that. SubInspector Thompson’s statement that when he read the charge against me I said “ I wish to make a statement,” is false. Farrell said to me, “You bad a tine stock ; it nmst been very valuable.” I statement that no questions were asked is false. I think I saw Thompson write something. Farrell said, “Are you insured ?’ I said, “ Only for L1S00,” and he said, “If you can prove your stock you’re all right.” They were all writing at that time, X was in pain and they lyerc tossing pie about. 1 asked for some water, and some one said, “I’ll water you.” [At this stage the witness’s firmness deserted him, and he was unable to answerforsometime. ]— Thompson, as you have alro dy heard, has sworn this . That not a s’ligle question was asked of you while he took down this written statement; that every word of it with the exception of the alteration of “ half-past one” to “ 1.30,” is yours ; that he read it to you, and that you put your mark to it ? He never read it. There were questions asked of me by some of the police. I think I mentioned Scholefield’s name as being able to prove what amount of stock I had on the premises. (Witness was here questioned as to his conversations with Mr Ell’qtt.) Mr Elliott has sworn that he asked you if you had diarrhoea, tp which question you replied, “ No, I had hot.” Did you say so■? Mr Elliott must have misunderstood me, I spoke openly to him, and I did not think he would watch every word I said. He said to me, * Come, now that it’s all over, tell me was it diarrhoea that hi ought you down ? i said it was neither the diarrhoea nor the bitters that brought me down.--You have heard also what Elliott has sworn, that you told him that you had connection wiih Miss Cane ? I never told him so. Miss Cane conducted her business very respectably, is a respectable woman, and I do not wish to phrpw apy sjup upqp her.—Did you say fkat Miss Cane would have tprft your eyes out it she knew of this intercourse with Mrs Wright? I don’t “think I‘did.—Will vou swear you did not ? X never said such a thing.—l repeat, will you swear you did not ? I can’t remember. I may have said she would not like to hear of any unseemly conduct. —Did you say what Mr Elliott swears you did? I don’t think so. -Will you swear you did not ? I can’t be positive. —Mr Elliott has sworn you said, “ I had Miss Cane also.” I did not say so. His Honor : Sometimes people boast of favors they have never received. ’ Mr Smith : Will you’ swear you did not ? He spoke to me about several woqipp ju a larlfing wy —I Ugai'fi ask you, will you S wear you did not say ao ? 1 don’t think I did. > The Court then adjourned till next day.

Tuts Day

Eeichelt was again put into tlie box, and questioned by Mr Smith as follows : When you were in the kitchen waiting for Mrs Wright, was there a light ? I don’t remember.—Then you did not take any notice whether there was a light or not ! I was listening.—lf you were so intent upon her coming, you would not forget whether you were in darkness or nt ? It is now about 18 months since. I did not note the particulars down. 1 had no idea that things would come out as they have done. —During the last six months have you not casion tq think over, tne" circumstances of that night ? I have never thought of the lamp.—How many times have you heard the circumstances of that night referred to in Courts of justice ? This is the fifth time. —Yet your recollection now is so feeble that you cannot say whether that quarter of an hour was spent in the dark or not.' 1 cannot recollect,— (Witness was here quea-

tioned as to manner Mrs Wright was dressed when she came into the kitchen.) —When you entered in your journal the . goods you imported through Bernard Schrelbcr, and Co, what value did you put down ? I never made any entries. —Then Scholefield made them by your direction ? Yes, —Did he put down the invoice prices, or invoice prices with profit added? The invoice pi ices. A Juror : When you placed the lamp on the office table, how far was the lamp from the lucine tin in the recess ? The table stood about a foot from where the lucine stood Then the edge of the table was a foot from the recess ? On the table were a dozen lamps which I had prepared to put iu the shop window. These lamps were close to the one which I had lighted.—Was the tin lower than the table ? Yes, because the tin stood on the bottom shelf.—How much lower? About the height of the table.—l have another question, which you should be careful in answering. In your own mind, vjicu do you last .remember seeing your officebooks —the journal and other books recovered ? I never used them after they were made up. As soon as they were made up, they were placed on the shelves—rather in the pigeon holes.—On your solemn oath, were they placed in front of the fire-place, one on top of the other, by you ? On my solemn oath I did not. The pigeon holes were just above the table.—Then you imagine they fell on the table, capsized the table, and fell down? Yes.

Noonan, recalled, stated the table in the office stood between the window and the door leading to Miss Cane’s passage. Mr Smith having handed in some documents, intimated that the defendants’ case had closed.

Mr Barton: I suppose, your Honor, if I call no witnesses, I shall have the right of reply. His Honor: Certainly. Mr Brrton : Then I shall call no witnesses.

Mr Smith remarked that the pile was when all the evidence oa bath sides was closed, the party who had not the right to begin should address the jury generally on the case, and , after him the party who had the right to begin should have the right to reply. Formerly the rule for which the present one was substituted was ambiguous —it gave the plaintiff the right to begin under any circumstances. His Honor : Which we never followed, because we always knew it was wrong. Mr Smith contended the rule now was beyond all misunderstanding. The party who had net the right to begin must sum up the evidence, and the party who had the right to begin has the right to reply. His Honor: You contend you are in the position of the plaintiffs ? Mr Smith: Precisely. We had to prove our case ; the other side has to answer it. They have the right to sum up the evidence ; we have the right to reply. Not only is this the express rule, but the obvious principle, Mr Barton contended that the obvious principle was that unless evidence was given on both sides, there was no right of reply for the party commencing. He opened, no evidence, had closed no case; and was therefore not within the language of the rule. He was doubly out of principle, and without the jpteßtiohs of the framers of the rule,

His Honor : I rule that the plaintiff’s counsel, having called no evidence, has the last word. The right referred to in the rule has reference to where the evidence is called on both sides. His Honor having taken a note of Mr Smith’s objection, the Court adjourned for half-au-houT, to allow the learned counsel time to look over his papers. At 12.10 p.m. Mr Smith commenced his address; and at four o’clock was still speaking.