MAGISTRATES’ COURT.

Globe, Volume XX, Issue 1479, 12 November 1878, Page 3

MAGISTRATES’ COURT.

CHRISTCHURCH. Monday, Novembee 11. [Before G. L. Mellish, Esq , R.M.] lesoN. —The following is the conclusion of the proceedings yet taken in the charge of arson against Alexander Cowan On the Court resuming the following evidence was tak'n : - Andrew Ritchie deposed I am a baker in Lichfield street. I remember a fire at Malvern House on the 25th October. I was in my son’s shop nearly opposite when I heard the alarm given by Mrs Wilson. I ■went over to the house, and went up to the room where the fire was. There was no one in There was a lire in the north-west corner Of the room. The bed had been moved, and there were signs that water had been thrown there. I moved the bed a little move. There were a good many black ashes like burnt paper or flax lying on the white quilt on the bed. I remained in the room about two minutes, and as I was going out some one came in. I removed nothing from the room. There was an oily sort of smell. The window was open. It was about half-past twelve o’clock. Cross-examined by Mr G reason— The paper on the walls was torn away above where the fire waS, showing the bare boards, which might account lor the burnt ashes on the bed. Re-examined by Inspector Hickson j gaw a noliceman take some 11 ax out of the cutter in 'front of the window, and another policeman received some trom a tall young man. The flax I saw pi -bed up was partly burnt and saturated with water. Joseph Sherlock deposed—l am a butcher on Cambridge terrace, and a member of the fire police. I remember tlie fire at Malvern House. I went to it, and also into the room where *tho fire was. No one was in the room when I reached it. Some water had beer thrown on the fire. I had been there about ten minutes before I saw Mr Cowan. I saw £ Stone gingerbeer bottle partly broken in t u corner where the lire was. I examined tin bottle afterwards, and it had kero gene in it. and a little water (bottle produced and identified.) I also notice! some bits of burnt tow adhering to tnc window Bill. Cross-examined by Mr JoyntThero was no lamp in the room when 1 wen in, only the piece of ginger beer bottle, cannot say whether there was any broken glas or bits of paper in tha broken bottle. Re examined by Mr Inspector Hickson : I drov the attention oli Sergeant Hughes to th broken bot ilo in tha corner, and I believe i was he that scraped the bits of burnt flu: from the window sill. A piece of candle wa burnt down in the candlestick as thougl blown by the v-ind. (Candlestick produced. Sergeant Hughes was placed in the witness box', and he enpoved to bring present u - th fire at Malvern House, lie then resumed 1 saw u young man named William Aynslc pick up a piece of tow off the- grass in front c the window. It was saturated with keroeem and chumd in the manner it is now. O searching about the same pbee I found som more 11 ax of the same quality, also ch ar tv and soaked in kerosene—the same produce! About a foot from the (lax I found tli kerosene lamp burner produced. When found it it, 1 ad newly melted lead and burr tow or 11 ix about it, similar to that produce! X vent up then into the room where had been burning, but it was then out. II rhdit case of the window was open, mu. na way up the window frame on too right ydo saw a large splash of charred flax stick! gi a rom d patch lo the frame. I scraped tl flux off, and now produce it. It was wet at pmelt strongly of kerosene. The wmdo

looks out on a corrugated iron roof. It had a shoot to it for carrying off the water, and in it I found this juice of charred flax. Flax produced.) I further searched in the grass outride the window near where the flix had been found, and found the piece of brass, part of a kerosene lamp, now produced, I also found the gl.ss (part of a lamp bowl) produced. Between the two angles of the roof there was a leaden gutter, which had partly moiled and ran into the room and also outside. It was fresh and bright, and so were the spots on the limp, which I noticed when I first pick, dit up. I saw Detective Walker smell the accused’s hands, and he said, “They smell of kerosene.” Accused said, “1 have been handling the stuff, and I may have got it off the handle of the bucket. Cross-examined by Mr Joynt —The beds in the room were made of flax. The accused was examined in the room where the fire was. My hands smelt of kerosene through handling the tow. The cracks in the broken glass produced might have been occasioned by the lamp getting very hot, and then thrown out of the window and smashed, or by getting red hot and a bucket of water being thrown over it. Before accused left Christchurch for Ashburton, he met me in High street, and said he was going to his wife, and if he was wanted lie could be found. Joseph Sherlock, re-culled, said it was to Sergeant Hughes ho had shown the piece of kerosene jar, &c. Constable O’Connor corroborated the statement of Sergt. Hughes as to the finding of the various articles mentioned by him, and in addition the finding of the broken half of a ginger beer bottle containing burnt fragments of paper, and which smelt stro'gly of ke o n l . Ho also stated that the prisoner on the day of the fire reminded him (O’Connor) that he had met him down town as late as noon. A young woman named Blee stated that she slept in the room in which the fire was discovered the previous night, ai d before leaving in the morning, about eleven o’clock, after searching carefully for any article that might have been h ft behind, there was not such a thing as a lamp in the chamber, nor could there have been without her seeing it; neither w«s there the half of the broken bottle produced. The case was then adjourn?d till next Friday, the 15. h inst., the accuied being admitted to bail. Tuesday, Novembee 12. [Before G. L. Mellish, Esq , R.M ] Fohoeut. —Carl Schultzs was charged with forging the name of William Fuchs to a promissory note for £5, with intent to defraud Henry Garland. Mr Neck appeared for the accused. Augustus Thiele, baker, in Manchester street, biing sworn, said the defendant had been in his employment about eluven months up to the 22nd of October, when he left without giving notice, Henry Garland d«posed that he kept the White Horse Hotel, Timm street, and had known the accused for a few months when employed driving a cart for Mr Thiele. On the 22ud of October he called at the hotel and asked for the loan of £5, as ho was about to purchase a seciion of land, and he wanted the money as a deposit, or he would lose the sale of it. Witness said he would lend him the money if ho could get some one’s name as security, but ho could not lend it on h's own. He asked if Mr Fuchs’ name would do, and witness said “ Yea,” that was quite good enough for him. Witness then wrote out the I 0 U. produced, and prisoner brought it back signed as it is. It was about five o’clock when accused first called, and he returned with the note about half an hour afterwards. He said ho bud got Mr Fuchs’ name, and asked if that would do, and witness said yes. Witness then gave him £5 and retained the document produced. Witness subsequently laid an information against the accused from something which hud come to his knowledge. He had never known him by any other name than Curl Schultzs. William Fuchs, residing at the Wellington Hotel, being sworn, deposid that he had known the defendant, Cad Schullze, a considerable time, through his being in the employment of Mr Thiele. Accused had never asked him to sign such a paper as the one produced, and the signature to it was not his. Witness’ real name in G rmaa was “ Wilhelm ” Fuchs, but ho el ways signed and caked turns. If “ William.” There was no other William Fuchs in Christchurch but himself, arid lie had never authorised anyone to sign his name. Mr jNo. k addressed the Bench for the accused, and submitted that the document to which the accuse! was charged with forging Mr Fuchs’ name was inionnal, because, while purporting to be an 1.0. U., it boro two signatures, and was more of the nature of a document promising to pay, signed by a witness. He further urged that the accused’s imperfect knowledge of the English language and usages was the occasion of his beitg placed in his present position. After the etjdence had been read over, accused was comitted for trial at the next sessions of (he Supreme Court. On the application of Mr Neck, bail was allowed in two sureties of £75 each, and himself in £l5O.