MAGISTRATES' COURTS.

Globe, Volume VI, Issue 615, 8 June 1876, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Thursday, June 8. [Before G. L. Mellish, Esq, R.M.] Dkunkenness. —Hugh Leatham, charged with being drunk and disorderly while in charge of a horse, was fined 10s. Mary Kennedy, alias Wallace, was ordered to pay 40s, being an old offender. Dennis Hawkes, for being drunk and disorderly and using obscene language, was fined 10s. Breach op the Peace.—James Davis and Seymour Bull were charged with committing a breach of the peace while in charge of a horse. Bull was discharged, and Davis was fined 10s. Assault.—Joseph Morrell was charged with violently assaulting his wife. On the case being called, however, the prosecutrix said she would withdraw the charge if her husband would promise to give up drink and not assault her again. Prisoner gave his word to take the pledge, and the case was adjourned for a fortnight. Miscellaneous. Samuel Wood, for allowing horses to stray, was fined 5s ; H. Stace, for having two unregistered dogs, was fined 40s ; Alfred Hill (a boy about fourteen), was charged with breaking a window of a railway carriage on the Northern line. The

window appeared to have been broken while the train was moving near the railway crossin"-, Riccarton. Detective Kirby stated that the defendant told him that it was quite an accident. He had thrown a stone at a bird and it had broken the window of the carriage. The father of the lad said the boy had recently, in case of fire, saved the company the value of a railway carriage. The Bench fined the accused 10s. Indecent Exposure.—Charles Jeffs came up on remand charged with this offence. It will be remembered that the case was adjourned last week for the production of further evidence. This having been given, the Bench said there was a doubt in the case, and it would tnerefore be dismissed. (At this stage of the proceedings, C. R. Blackison, Esq., J.P., took his seat on the Bench.) Trespassing por Came.—William Brooks was charged with trespassing in pursuit of game on the property of Arthur Charles Knight. One of the servants of the complainant deposed to seeing two men on his master's premises, and hearing them fire two shots. They had two dogs. When taxed with the offence, defendant said that they were not on Knight's land. The other man said to him that there was plenty of game, and they might just as well have a shot or two. Could not say which one of the persons fired the gun, or whether it was levelled at a bird or not. The defendant denied that he had fired a gun on Knight's land, it was fired on the public road. John Pierce deposed that he was with the defendant at the time. He believed they were on the public road at the time these shots were fired. Was quite sure of it. The road was all tussocks, and was not made. Two shots were fired. Defendant said he had fired two shots at the bird. A good deal of triangular discussion took place between the two witnesses and the defendant. The Bench remarked that there was some confusion in the evidence, and the case would be dismissed. Child Desertion. —Alfred Porter was charged with deserting his children, his wife being dead. Defendant said three of the children were able to support themselves. They were aged 16, 15, and " 14 and a half." The Bench observed that this was quick work. Defendent said the two next were girls. The three eldest were in employment. Defendant wanted to know who had laid the information. The Bench replied that his own son had. Defendant said then he was prepared to take both of his youngest children. The case was then adjourned until the 15th June.

A Kicker.—John Paget was charged with being drunk and disorderly and kicking the police. Fined 20s, and ordered to pay the expense of cab hire.

Smoking in a Railway Carriage.— Meredith Wilson was charged with interfering with the comfort of railway passengers in the train from Ashburton to Christchurch. Evidence was given to show that the defendant was partly intoxicated and very excited. Mr Thomas appeared for the defendant. Fined 30s and costs.

Arson.—-Joseph and Margaret Catchpole were brought up, on remand on bail, charged with having wilfully, knowingly, and maliciously burned down the Burnham Hotel, at Burnham, on tire 19th of May last. Inspector Feast conducted the case for the prosecution, and Mr Joynt appeared for the defence. Mr Garrick was present to watch the proceedings on behalf of the London, Liverpool, and Globe insurance offices. All witnesses were ordered out of Court. Samuel G. Ward was th© first witness called. I am architect and surveyor, Government Buildings. I prepared the plan produced on the site of the late fire at Burnham. It is the plan of the site filled in. [The female prisoner, who had her baby in her arms, was here accommodated with a chair.] George Hart deposed—l am a J. P. for the colony of New Zealand. The signature to the declaration produced, and which was made by the male prisoner, is mine. It was made on the 26th May James A. Bird deposed—l am agent in Christchurch for the London Liverpool and Globe Fire Insurance office I have full powers to act on behalf of that office. On the Bth of January last the male prisoner made an application to us for a policy of insurance for £l5O on household goods and furniture, and stock in trade of wines, spirits, and beers. The whole of these goods were supposed to be in the Burnham Hotel. I accepted the proposal, and the document produced was filled up at tha time, and signed by the male prisoner. A policy was iesued for the amount mentioned. I produce a copy of it. The premium was paid. I have since been applied to for the amount. I gave Catchpole a form to fill up with a list of the property, and to make a declaration before a Justice of the Peace as to its correctness. I have, however, not seen it since ; I think the prisoner came to me the morning after the fire—on the Saturday, the fire being on the Friday, The list he was to make out was of course only to include the goods actually destroyed. The policy was posted to him on the 27th January. I take it from this schedule that stock to the value of £95, and wearing apparel, &c, to the extent of £lB9, had been destroyed. In the ordinary course of things this claim would have been paid, although not perhaps as it stands. Detective Kirby deposed—l recollect the morning of the 20th May last. I saw the male prisoner in the White Hart Hotel, Christchurch. He said, •• Oh, I want to see you. My hotel at Burnham was burnt down between 11 and 12 last night. I asked him how the fire originated. He said, " I suppose that some one had lit their pipe, and a portion of the burnt match fell into the cellar beneath the bar room. I asked him if he had any lodgers in the house. He said there were two, a swagger named John Macdonald, and a man in charge of six horses and a waggon who refused to give his name I asked him if he suspected either of them of setting the place on fire. He said he did not. He told me that the place was iusured for £l5O on stock and furniture in the London Liverpool and Globe office ; that he had lost every thing but what he stood up in. He said he went to bed about a quarter-past ten that night. I asked him if any fires were burned, and he said the only fire was in the kitchen grate. He paid he was in bed and heard a crackling noise in the bar room; thnt he got up; and that the flames rushed into his bedroom ; that he aroused the inmates of the house, and that he and hi? wife and baby got out through the b?droorn window and went to a neighbor's house and g*ve the alarm. He estimated his loss at, Eloo ov.;r the amount of insurance. I went to Bnrnham th*t day by the afternoon train. I knew the site of the hotel and examined it carefully. I faw the remains of a sewing machine, several hoops

o° casks, a quantity of broken bottles, windows, sash weights, a quantity of broke i crockery ware, broken pUi>s or *hr-< dishes and saucers. At the rear of e building I saw •* g'llviiH d wv-i ,i ~ i-

tea kettle, and frying pvo, and sever n ot■■■ kitchen utensils. On the 25th of May I made a careful examination of them «\ t j found the remains of what I should jadji ' were two jaig and two candlesticks. I was present, at Barnham on the 30 h at an inquiry before th i Coroner The prisoner was examine 1 on oath, and said that the amount mentioned in the schedule was hi? actual loss at the fire. I searched the prisoner's house in Christchurch that night, and took possession of two empty cises, a box of potatoes, five shirts, two Cardigan jackets, one cotton dress and skirt, three vests, one coat, and one white waterproof overcoat, two cheeses. one fancy tablecloth, and a quantity of baby linen, two decanters and six tumblers, two fancy boxes, one contained miscellaneous articles and a ladies' gold ring, one stay box contained a razor and ca?e of tobacco and two meerschaum pipes, a tie, a scarf ring, a piece chintz, two pairs of trousers, tw» pewter measures, and a flower stand. I arrested the male prisoner that night and charged him with setting fire to the hotel. I subsequently made a further search ; I searched the box of a woman, the female prisoner's sister, named Mary Annie Joyce Macardle, and in hrr presence I found these trousers and coat, end music box, and a meerschaum cigar holder. i afterwards sear«hed the prisoner's house again, and took possession of almost a mat of sugar and a small box of tea, twentyone pounds of candles and a washing tub, one lamp and globe, an umbrella, and a pair of boots and a white counterpane, half a dozen white handled knives and metalled forks, carving knife and fork and steel to match, nine teaspoons, half a dozen black handled knives and five forks, and three or four books, a piece of calico, and two brass candlesticks, three pair of caffs, and a door mat. I took possession of the whole of the articles. I arrested the female prisoner at half-past ten yesterday morning, and charged her with having conjointly with her husband burned down the hotel. [At this stage of the proceedings the Court adjourned for half an hour. On resuming, the civil business was adjourned until Wednesday next, at 10 o'clock. The arson case was then proceeded with.] Augustine William Swift deposed— I am a carpenter residing at Burnham near the site of the Burnham Hotel that was burnt down. On the 19th of May last I was roused by Mr and Mrs Catchpole running about the house, and making a noise about the hotel burning. -I was just awakening from my sleep. Mr Catchpole had his shirt, drawers, and stockings on, and had his trowsers in his hand. I jumped out of bed, and went to the fire, which was burning in the bar to which it was confined at that time. I got into the din ng room through the window, and threw out a cumber of articles, clearing the room of everything that was in it. I then went round to their bedroom adjoining the bar. I entered by the window, and removed two blankets, and two sheets, and I believe the pillows and the bedquilt, also a a rocking chair and an antimacassar, a looking glass, in fact everything except a box, and the bedstead and two mattrasses. I saw no boots in the room. The firej had {'lot got inside the room when I first went in. I was not in the bar parlor. I went round the back of the house and took down two flitches of bacon and two hams that were hanging in the yard. I took the table out of the sitting room, and as I did so the fire was breaking through the bar into the passage. The male prisoner would not give me any band ; he told me to let the things alone and come out or I should get burnt. I then assisted the other man to move his dray, which was standing near the house. He had been lodging at the house. I then watched the fire, and I never saw a hotel burn in the same way. It showed no signs of spirits burning, as is usually the case when hotels are burnt. There were no explosions and no difference in the color of the flames. I have heard the male prisoner say a good maDy times that he was wasting his time there, and that he could do much better in Christchurch. I knew nearly everything that was in the place within a shillingsworth. There was very little business doing at the house. \fter the first alarm of fire the bar was the only place in flames. With assistance I could have saved everything in the house. I don't consider that more than £2O worth of property was destroyed in the house altogether, including everything. I dou't believe any spirits were destroyed at all. I afterwards met Mr and Mrs Catchpole in town, who asked me if I would go to see their house in Kilmore street. Just previous to getting to the house Mrs Catchpole called out, "Joe, come here, I want you," and he went back to her. "He said, "It's all right, Maggie, come along." He went on a little furiher, when the same thing was repeated. He then went round the end of the house to go in the back door. The first room was empty, and one of the front rooms as well, but the other front room had got a chest of drawers in it, and on the top of it were two decanters, which I believe I had seea at Burnham. There were several glass tumblers and a musical box. We used to play the latter on the table at Burnham. When I was coming away I saw in the kitchen three or four packing cases and a quantity of clothes that I had seen at Burnham—probably a week or ten days before the fire. I will not swear to the musical box. The old one played four tunes. I know the pipes produced and the cigar holder. If this is the [same musical box that used to be at the hotel it has been cleaned up a bit. I identify the larger of the two decanters and a number of the other articles produced. I have sen this coat on him, or else a coa v , made off the same piece of cloth. I have seen him wear both these pair of trousers. The worsted jacket produced lean swear to because I sold it to him. I have seen the two dresses produced on Mrs Catchpole. I also recognise the tumblers, and the cases are the same as I have seen at the Burnham Hotel. There were no signs of tumblers to be found at the ruins of the fire. Prisoner seemed to be highly amused over the fire, and that was the only thing that annoyed me. He said he had lost everything except what he stood iu and what I had saved. He said he thought a match might have fallen through the crevice of the floor into the cellar, and that it was very suspicious, that there was a man about who would not give his name. The house was a woo-len one, not plastered. I noticed the bar fl >or when the house fell in. I can say from observation that the cellar was the last place burnt. [Left sitting.]

Ltl'TflLTOtf Thursday, June 8 (Before W. "Donald, Esq, R.M. Civil Cases.—Oliver v Green ; claim, f § 5* ; ju'igmeno by confession, with 9s cost « Wright v Dale ; claim £7 10s ; Mr H. v , Nalder for plaintiff; judgment by confession for £6, costs 10s, solicitor's fee £1 Is. Thomas v Mrs Gebbie; claim, £l2 17s, wages; Mr H. N. Nalder for defendant; judgment for nonsuit, costs£l lis, solicitor'* fee 21s.