SUPREME COURT.

Globe, Volume VI, Issue 639, 6 July 1876, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Wednesday, July J. (Before his Honor Mr Justice Johnston.) ARSON. The following is the continuation of our report in this case : Augustine William Swift, residing at Burnham, gave evidence identifying a number of articles which he saw at Burnham, and which were subsequently found by the detective at the house of the prisoner in Christchurch.

Cross-examined by Mr Joynt—l was very friendly with the prisoner up to the time of the fire. I used to go over to the house very frequently, and knew well what was in it The whole time the fire was burning the prisoner did not offer to help to save anything from the fire. I believe he helped the man to shift the waggon, and also to fetch water. Mr Woodfield came one night for some port wine for his wife. The prisoner could only find a little, which was in the decanter produced, which he poured into a bottle for Mr Woodfield. I was not present at the time the prisoner poured out the wine, but next morning I was in the bar, and the decanter was standing on the bar counter. I noticed the marks in the neck of the decanter. This was about four or five days before the fire. 1 did not know for some time after we became friendly that prisoner had a house in town, I have never known prisoner and his wife go down to town to their house and change their clothes. Prisoner told me several weeks before the fire that he would not let his house. I believe the musical box now produced is the one I saw at Burnham and at prisoner’s house at Kilmore street east. This witness was subjected to a very severe cross-examination, but it did not appear to shake his testimony. Thomas Whelan and John Woodfield gave evidence, the first as regarded the conduct of accused at the fire, and the latter, who is station master on the Great Southern Railway at Burnham, deposed to several lots of goods being sent on to Christchurch by the prisoner to his address. The witness then proceeded to identify a tnnmber of articles spoken to by the witness Swift, Louisa Swift corroborated the evidence of the former witnesses, relative to the identity of the articles found in the prisoner’s house at Christchurch with those formerly in the hotel at Burnham.

Joseph Disher also gave evidence on the same subject. Mary Ann Joyce McCardle deposed to having resided at the Burnham Hotel in May last, the prisoner being brother-in-law tc witness. Detective Kirby took possession of a number of articles, including a musical box, meerschaum cigar holder, &o. Witness was not aware bow they got there. She was not aware who put them there. Her hex

was at the Burnham Hotel before the fire, and until she went to Mrs Poole’s as servant she had never seen any of the things found by the detective in her box whilst she was at Burnham. The box was at Mrs Poole’s for some weeks prior to the fire. The things found in her box belonged to the prisoner. Sue bad left' Mrs Poole’s last Monday week, and was there altogether for about fix weeks.

Cross-examined by Mr Joynt—She went to Mrs Poole’s on the Monday prior to the fire, but was unaware how or when her box came there. Before leaving Burnham she packed her box herself, but whilst staying there the boxes were used in common for clothes. This closed the case for the Crown. His Honor said, as there was no chance of getting through the case at anything like a reasonable hour that night, it would perhaps be convenient to adjourn until ten next day. The Court adjourned at 6 p.m. until 10 a.m. this morning. Thursday, July 6. (Before His Honor Mr Justise Johnston.) The Court re-opened at 10 a.m. ARSON. The case of Regina v Joseph Catchpole was resumed, Mr Joynt having addressed the jury indicating the line of his defence, called the following evidence:— Ebenezer John White, brewer, deposed to the prisoner having at the end of April ordered two casks of ale from him, and that two hogsheads were sent. Just after the hogsheads were sent a letter was received from prisoner ordering two quarter casks. One of the hogsheads was returned to the Christchurch station. Joseph Ganty—l am a cabinet maker. I went at the beginning of April to the Burnham Hotel, with the view of looking over it and purchasing it, if satisfactory. We did not conclude the negotiation at that time for the house. On the 11th May I entered into an arrangement to purchase the house, and paid £2O as a deposit. The arrangement was that all prisoner’s private effects were to be removed before June 31st. I produce list of furniture, &c, in the house when I went over it. There was nothing to undo the arrangement before the fire. Cross-examined by Mr Duncan—Prisoner said it was not necessary to make an item list of stock, as I was to pay £6O for the stock which he was to leave, and if there was not that amount of stock there, I was only to pay proportionately. The list of furniture was taken by me at the end of March or beginning of April. I paid prisoner £2O at my house, and took receipt as produced. We had some conversation about the fire on the 26th May. I told him that I had heard of his loss as far as I had seen by the papers. By his Honor—The man seemed in so much’ trouble that I have not asked him yet for the £2O I have paid him. I never asked him what he intended to do with regard to the £2O. I never said anything to him about my loss, as his loss was much greater than mine.

By Mr Joynt—From what I knew of him I had implicit faith that he would pay me the £2O.

Edward Pargetta gave evidence corroborative of the statement of the previous witness as to visiting the Burnham Hotel and valuing the stock and fittings in the bar, which he put down at £6O, including the goodwill. Henry Charles West deposed to having occupied a portion of the house of prisoner in Kilmore street, where prisoner kept a number of articles of clothing, &c. E. Smith gave corroborative evidence, and John Baylee, licensee of the Criterion Hotel, deposed to the prisoner having been in his employ for eighteen months, during which time he bore a good character. Mr Joynt then proceeded to address the jury for the defence. [His Honor was addressing the jury when we went to press,J