MAGISTRATES' COURTS.

Globe, Volume XX, Issue 1431, 17 September 1878, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Monday, Septbmbbb 16. [Before G. L. Mellish, Esq., R.M.]

Abson.—The following is the conclusion of the evidence in the charge of arson against James Smith:—Detective Walker deposed: I made the plan produced, it is correct according to scale. About twenty minutes past two o'clock on the morning of Saturday, the 7th inst., I was called by Sergeant Wilson. He mado me a report, and showed me some charcoal, glass, and other rubbish, the same now produced. I remarked that it smelt strong of kerosene. I went with Sergeant Wilson to Dr. Byrnes' premises in Worcester street, and he pointed out to me where there had been a fire at the corner o£ Mrs Robson's cottage, as shown on the plan, Ibo palings

of the end of the lean-to against the back of his cottage were burnt and charred to a height of seven feet from the ground, and a strip of about a foot wide. The corner post of the dwelling house was also a good deal charrod. I went with the Sergeant to the prisoner's bedroom and knocked at his door, but got no answer. I then held a lighted candle to his window, and saw he was in bed. I called him by name, and he got up and opened the door. He had on his shirt, trousers, and socks. I examined his hands and Bmelt kerosene on them, and told him so. Sergeant Wilson also did the same. The prisoner said he was handling the stuff at the fire. Sergeant Wilson said—" You were not, I did not let you touch it." While we were searching his bedroom he said—" You'll find no kerosene here." Neither Sergeant Wilson or I said we ■were looking for kerosene. I went outside his door and discovered a strong smell of kerosene in a shallow gutter opposite his window, about nine feet from his door. There was a good deal of kerosene on the stones of the gutter, and outside of it. There was Bome rubbish, straw, and paper in the gutter, all very much saturated with kerosene. I then went and arrested the prisoner, and charged him with setting fire to the building. He said—" You had better be careful what you are about. I have had nothing to do with it. I'll make you pay for this. You can do as you like, I'll say no more about it." When I examined his hands they appeared to have been recently washed. I smelt kerosene in the corner where the fire had been. About three o'clock the same day I went and examined the prisoner's room, and found the small champagne bottle produced between a cornbin and the wall. There was a very small quantity of kerosene in it—just a drain—and it is in the same condition now, with the exception of the cork. On coming away with the prisoner, Sergeant Wilson saw a light in Dr. Symes', and knocked at the door, while I remained with the prisoner. Mr James Wilkin opened the door. Sergeant Wilson said "Is the doctor at home ? " Mr Wilkin said " No." The sergeant said " Do you know if he uses kerosene in the house ? " Mr Wilkin said " I don't know; I think not." Prisoner said "They are trying to damage my character. I use kerosene for cleaning my bits." I parted company with the prisoner the night before at the corner of the liibrary, at about twenty minutes past eleven. I met him by the fountain in Cathedral square, and he returned in the same direction with me, and when he left me he went towards Dr. Symes'. Sergeant Wilson and I examined the harness and bits, and cleaning rags, in Dr. Symes' harness room, and there was no smell of kerosene about them, nor any kerosene in the place. The bits, from the smell, were cleaned with neatsfoot oil. I found one straw charred in the debris of the fire amongst the other rubbish. Dr. Symes, re-called, deposed—l never saw the bottle produced before until it waß shown to me by Detective Walker. James Ibbott, deposed —I am night porter at the Canterbury Club. On the night of the 6th inst., between 12 and 1 o'clock, I heard the cry of " Fire." By looking out of the window I saw a fire on the far side of Macphcrson's yard. I went outside, and the fire appeared suddenly to go out. I went to the scene of the fire, and I saw the prisoner bring a bucket of water to Sergeant Wilson, who was there. The remainder of this witness's evidence was principally corroborative of that of Sergeant Wilson in his denial of having anything to do with the origin of the fire. Mr James Wilkin deposed—l am a merchant, and on the morning of Saturday, the 7th inst., I was at the residence of Dr. Symes. I had escorted Mrs Symes home from a ball at the Oddfellows' Hall. Sergeant Wilson, early that morning, knocked at the door, and asked if Dr. Symes was at home, and if he was in the habit of using kerosene for any purpose. The prisoner, who was with him, volunteered the statement that he used kerosene to clean his bits. No one had asked him. Mr W. H. Smith deposed—l am managing printer of the Press newspaper. On the morning of Saturday, the 7th, I called at Dr. Symes' residence. I saw Sergeant Wilson and the accused there. They were standing on the east side of the garden, near where the fire was. I went with the Sergeant to wheie the fire had been, and I drew his attention to a damp spot on the earth, near where the fire had taken place. I said I thought the fire had been intentionally done. The accused said, "I did not do it," and other remarks of a Bimilar nature. I cautioned him not to make such statements, as it might be bad for him. These remarks were He then abused Sergeant Wilson. I said, " Whoever did this had a clear night for it, as they must have known the Doctor and his wife were both from home, The accused was in such an excited state that I thought him intoxicated. He continued abusing the sergeant, but eventually came with me for the purpose of finding the Doctor. After daylight I came back, and then I saw kerosene on the stone channelling in front of where the accused slept, and also on the edge of one of the stalls in the stable. There was a little debris of straw in the channel, partially blocking it up. Fanny Hinds deposed—l am a general servant at Dr. Symes'. 1 remember the night the alarm of fire was given. Neither Dr. or Mrs Symes were at home. For some time past the prisoner has been in the employ or Dr. Symes. Some days before the fire, in the early part of the week, the prisoner Baid that on the night of the ball, and when we were in bed and got sound asleep, we should be frightened. He repeated this more than once to the other servant, Maria Townend, in my hearing. On the night of the fire I heard a knocking and got up ; I Baw the prisoner at the door; he asked for the doctor and then for the key which unlocked the door between the shed and the cottage. I have been two years in the service of Dr. Symes, and I don't think kerosene has been used since last July ; the house is lit with gas. I do not know anv purpose for which kerosene is required to be used. Maria Townend, a domestic servant in the employ of Dr. Symes, corroborated the main points of the last witness' evidence. Christina Robson said I reside in a cottage owned by Dr. Symes. I returned to my dwelling about 12 o'clock on the night of Friday, the 6th, and at once went to bed. I had not got to sleep when I heard a crackling noise and shouts of fire. I got up and opened the front door, bnt could see no sign of fire. Going into the children's bedroom I heard the noise louder, and flhortly after the bottom panels of the back door were broken in, and the prisoner came through with a bucket of water. He said the fire was inside the house, but I said it was not. I afterwards heard him abusing the sergeant, denying that he had Bet fire to the place, and saying that perhaps he (the sergeant) had done it himself. Hugh Beaumont deposed—l was in charge of the watchhouse at the depot, when the prisoner was brought there by Detective Walker and Sergeant Wilson about three o'clock. Detective Walker asked me to smell the prisoner's hands. I did so, but could detect no Bmell on his right hand, but his left smelt of kerosene. They appeared to have been lately washed. This terminated the evidence, and Inspector Hickson applied for a further remand of one week. His Worship did not think there was any necessity for a remand, as there was sufficient evidence to commit the prisoner for trial. Inspector Hickson explained that what he desired was publicity, which by the publication of the evidence in the Press he should obtain for the case, which might possibly lead to further evidence being forthcoming as to whether the prisoner had purchased any kerosene recently. His Worship thought thero was no advantage to be gained by a remand, and it would necessitate the attendance of the witnesses over again. The depositions were then read over, and the prisoner committed to take his trial at the next sittings of the Supreme Court. TiOEBDAY, SePTEMBEB 17. (Before G. L. Mellish, Esq., E.M.) Labcent.—Samuel Henry Richards was charged with stealing a diamond ring of the value of £lO, the property of Patrick McCoy, Mr Inspector Hickson stated the prisoner had only been arrested the previous day at Ashburton, and asked for a remand until tomorrow. The accused was accordingly remanded. Thomas Singleton was brought up on warrant on a charge of stealing goods of

the value of £3 16s, the property of John King. At the request of Mr Inspector Hickson, the accused was remanded until Thursday, the 19th inst.

LYTTELTON. Tuesday, Shptbmbeb 17. [Before W. Donald, Beq., R.M.] Deunkenness.—Colin Mc Coy, _ for this offence, was ordered to pay 10a, or, in default, forty-eight hours' imprisonment. Breaking Haebob Board Lamps.—An apprentice belonging to the Bhip Merope, named James Drake, was charged with the above offence. Mr H. N. Nalder appeared on behalf of the Lyttelton Harbor Board, who prosecuted. The Harbor Master, Captain McLellan, said that yesterday morning it was reported to him that throe of the Harbor Board lamps on the Gladstone Pier had been broken, and that it would cost 25s to repair the same. Frederick Williams, night watchman, said that he found three of the lamps broken when he turned off the lights on Monday morning. Several of the lamps had been broken recently. The carpenter of the ship Olive, Captain Tivett, stated that last Saturday week he saw accused deliberately throw a stone at a lamp and break it. John Adams, cook of the ship Olive, saw accused throw a stone through the lamp at the inner end of the Gladstone pier, breaking the glass on both sides. Mr Nalder said that concluded the case, and addressed the Bench at some length, stating he was instructed to press the case, as it was one of wanton destruction. Had not the Merope been on the point of sailing he should have urged on the Bench to commit prisoner to gaol without the option of a fine. The Bench said they considered that accused had been guilty of the most wanton destruction of property, and were sorry that he was not younger, in which case he would have been soundly whipped. As he was over seventeen, and the ship to which he belonged was going away immediately, a fine of 20s would be imposed, besides which accused would have to pay 20s for damages, Court costs, and witnesses expenses, failing this he would be imprisoned for one month. Had the ship not been going to sail, a monthV imprisonment would Jhave been inflicted without the option of a fine. Accused was fined 20s, Court costs 10s, damages 20s, and witnesses expenses 245, £3 14s in all.