SUPREME COURT.

Globe, Volume XXI, Issue 1680, 9 July 1879, Page 2

SUPREME COURT.

Tuesday, July 8. Ifae following is the fu' 1 report of the trial of Emma Ashw.-u and Mrti Edward A%hVf in for a-son, which had only jrot commenced when we went to press yesterday : ABSON. Emma ABhwin find Martin Edward Ashwin were charged with haying set fire to a sawmill at Decanter Bay on the 19th day of February last. The prisoners pleaded " Not Guilty." Mr Joynt appeared for the defence. The witnesses in this case wp.s ordered out of Court till called on. Mr Duncan, having opened the case for the prosecution, called— John Mitchell Walker, who, being sworn deposed—l am a [detective officer in Christchurch. On the 10th of June I went to Decanter Bay, in consequence of information I received as to a fire having occurred there. I have been a surveyor and civil engineer, and was employed by the Victorian Government as such for some lime. The plan produced represents a flat about a mile and a half from the sea, and the creek runs through the land from north to south. I saw the place where the fire had taken place, and the remains of the saw mill, which was on the east side of the creek. Saw the elder Ashwin'a house on the same side. The nearest part from the mill to the house is 71ft., and 3 24ft. from the farthest part. The ground is neirly all flat. Martin Edward Ashwin livod on the weßt side of the creek, his hut being 102 ft. from the mill on opposite side from the father's house. The men's hut is about south from the prisoner Ashwin's hut, and further f jom the hill. It is 50ft. from the men's hut to M. E. Ashwin's hut, and 176 feet from the mill. There is nothing to obstruct the % lew between Ashwin's hut and the mill. . rT * u " — ix .. r .v^ u «u on nie map wouia not intercept the view, inasmuch as the huts last mentioned wore on elevated ground, and they looked down on the mill. The wall is not thero now, but is represented ; as I was told the wall of the mill was ten feet high. Cross-examined—There is a high range on either side of the place indicated. The west side is considerably timbered, bnt the oast side is nearly all cleared. The plan was mostly taken from calculation. Richard William Fereday was caPei to prove a mortgage from Bichard Martin Ashwin to William B. Bray, on the saw-miH -*n question and effects, one of the covenants to insure to continue to 1880. Daniel Colville Turner, chief clerk in the New Zealand Insurance, deposed that Ms Jn l Richard insured the mill for £3OO in the name of William B. Bray as mortgagee. The

premium was £4, 105. Witness went to Decanter Bay on the 4th of March. Saw Mr and Mrs Ashwin and Martin Edward Ashwiu. The elder Ashwin, in the presence of the prisoner, said he could only account fer the conflagration by supposing that the post at the corner of the building had remained on fire all night He said he presumed the post had taken fire from the fire in the forge when the men were at work, and that tbo fire had apparently''been extinguished. His Honor remarked that the witness hod spoken more fully and minutely at the Magistrate's Court, giving the hours and dates, &s. Witness—The Ash wins told me they were aroused about midnight by the fire, and that they only succeeded in saving a few things. His Honor informed the witness that he said it was about two o'clock before the Resident Magistrate's Court. Witness—At that time, your Honor, I was questioned very cl< eely and minutely by Inspector Dickson, and I am not receiving the same questioning now. Mr Duncan—You should he able to recol- j loct. However, it is not of much codsoquence.

Crosß-examination continued—The insurance money on the palicy applying to the sawmill was paid to Mr Bray, and the receipt produced signed by Mr Bray, is a receipt for the payment. Cross examined by Mr Joynt—l am net awaro that Mr Ashwin asked the company to reinstate the premises. I know the policy was reduced in October, 1878. I believe the insurance company at first proposed to reinstate. I do not know why that intention was altered. For some time paßt the Association of Insurance Companies have been offering a reward for the discovery of the cause of fires. There had been publications of the fact of a reward being offered before the ptesont charge was preferred. Williim Bayley Bray depesad that ho was a civil engineer rosiding at Opawa. He lent Mr Ashwin, father of prisoner, £SOO on a mortgage on his property. He received the insurance money.

Henry Williams deposed—ln February last I was in the employment of Mr Ashv'n, senior, at Decanter Bay. I wa3 employed making a road about ono mile and a half towards tho sea from the dwelling house. There were three men with me, the prisoner being one of them. We were working together on the 19th February, and prisoner was called away about one o'clock. He did not return that day. I and Bond and Friend knocked off at fire o'clock that day, and went to our whare. When we got there wo observed that the mill had besn on fire —we saw smoke. We got buckets of water to extinguish it. Mrs Ashwin told us not to mind—that Martin would put it out. I saw that a post had been on fire at the corner of the mill. We went to the hut then, and got to bed about nine o'clock. I did not go to sleep. I got up about an hour afterwards and looked out. I observed a light in the house of Mr Ashwin, Sour. I also observed the figures of a man and a woman proceeding from Ashwin's houss to the E> : ". Subsequently, I lost sight of them, as they became hidden by the shade of the mill. I next saw sparks coming from tho mill, and shortly after I observed the figure of a man on the lean-to of tho mill. In a minute or two, I lost sight of him, then saw the figure again, and I noticed something like the fiash of a match. Apparently, tho person lighted a piece of rag or paper with a match, and immediately afterwards ho put his arms out full length, when the whole of that part of tho buUdinghecameo.aeblaze instantaneously. The figure then descended, aad proceeded in the direction of Ashwin's house. Afterwards, I recognised the man by the light of tho fire. It was Martin Edward* Ashwin. Tho female afterwards joined him. At the time I came to tha conclusion that tho female was Mm Ashwin, but I am not now quite certain. I went home again, and was roußod.by Barnwell. We went out together. Tho mill wag on

fire. Wo gave the alarm at Ashwin's house, and than went to put out the fire. I aaw Mrs Ashwin and her eon both dressed at the fire. The night was dark, excepting from the light of the fire. When I first got to the fire the lean-to was burning fiorcely, and part of the mill was also burning. I proposed to get a ladder to go on the roof and extinguish the fire. Mrs Ashwin did not appear todesire it, saying that it was dangerous. She afterwards said it was no use trying to save the mill now, that it was insured, and they would get nothing for it if it was only partially consumed. In the morning there was scarcely a ve§tigo of the mill remaining. When I first went to the fire I thought I smelt kerosene, and I mentioned it to the men at the time. I have been in Mrs Ashwin's houae._ I tn,w t ley use kerosene there. At this time there were two of Mrs Ashwin's daughters living at the house. Cross-examined by Mr Joynt—l am a boot and shoo maker by profession. I dGn't know why I gave up the last for road making. My eyesight is good except for reading—it is very good for distant objects. On the 19th of February I was working on a road about three chains from the spot on which the messenger came for the prisoner. They were working up a hill leading from Decanter Bay to Little Akaloa. I was the farthest away. I think I saw the messenger who came for the prisoner. He was a lad about five or bix, or may be seven years of age. I saw him leave with the prisoner afterwards. I did not hear him speak, as I was too far away. I have since learnt that the boy was prisoner's brother. Mr Joynt—ls it a fact that while you were at work that day a little hoy came up and said something tff prisoner, and that they then went away together. Witness —Tbat is not exactly what I said.

Mr Joynt—That is what you are reported to have said in the Resident Magistrate's Court. Do you know of your own knowledge whether the boy spoke to the £risoner, or do you only know from what you aye since heard. "Witness—From what I afterwards heard, I do not know where Martin Edward Aehwin was when the first fire occurred in the afternoon. I bolievo there was some water thrown on the fire. Immediately after I saw the light in the house of Mr Ashwin I saw a man and woman emerge from it and proceed towards the mill, and I naw the man again shortly after on the roof of the mill. The lean-to spoken of was between the m:ll and my hufc. The first time I got out of my bed the first thing I Baw was a man coming over the bridge. The person in question came up to our hut, _ I heard his footstepß. I afterwards mw him goto Ashwin, senr. 'a, house. It was after that the reflection of the light. Mr Joynt said the prisoner had stated before the magistrate that ho saw the figure of the men after he saw the light. Now which was it f Witness-I think I saw the light after the man. My memory does not seem to serve me so well. The light I saw in the mill afterwards was such as sparks would make. The witness was cross-examined at very considerable length by Mr Joynt, with the object of shewing that the witness was cop tradicting himself. Witness—l did not Eay to the male prisoner or any one else that I had seen him set fire to the mill. I don't knoT whether the prisoners went from the dwelling house to the mill. I did not wait to see. Mr Joynt—You said before the magistrate that they went with you from the house to the mill. Witness—That statement is wrong. I do not thick that they did come with me. Ido not believe I said that Mrs Aehwin and her son were fully dressed when they came to the door. _ The clerk must have made a mistake in taking it down. When the man set Sre to the lean-to he seemed to be standing, not on the roof, but on something a little lower down. The lower portion of the roof of the lean-to tras about sft. to the ground, and hai not a steep slope. The mill was blazing when we came up, but I do cot know how much of it had caught. There was no water. I did not get any water. I knew the whole affair, and did not trouble tdj head about it. But afterwards I went for, or enquired for, a ladder, and one was brought. Ido not know who brought it. I think the fire was too far pone for us to extinguish it with the means at hand. Ido not know what my motive was in desiring to get on the roof. It might have been to thwart the party who set fire to the building. Mrs Ashwin said something to the effect that it was no übo putting out the fire, as they would get nothing if the place was only half consumed. I smelt kerosene at the fire. I had seen kerosene used in Ashwin's house before the fire. His Honor—l thought you said that was your first day there. Witness—Oh, it mutt have been after the fire.

Mr Joy at —Just so ; direct!j you are caught contradicting yourself you attempt to shuffle out of it in that way. The witness made an indignant denial of this, and said he was confused.

His Honor, addressing the witness, said very possibly ho was confused by the crossexamination, but it was a legitimate examination, and when the witness was found making statements of a directly contradictory character to those he made before the lower Court; he must not assume an air of indignant injured innocence, lest he should be committed for contempt of Court. Examination continued—l beliere Barnwell said to Waghorn something to the effect that the fire started from the forge through, their Dot having put ifr out when sharpening their picks the night before. Barnwell said he thought the blame would be laid on him. Barnwell said he was the first man to see the fire, and if he had not seen it they would have been all burned. I know why Barnwell made that remnrk. I know Richard Murphy, a bush hand. I remembor having a conversation with him at the end of May or beginning of Juno. It was about the fire. Mr Joynt—Did you make use of these words : " That Friend had been working for Mr Ashwin, and that Ashwin had not behaved fairly to him, and that Friend had laid an information about the fire ?" Witness—Yes. Mr Joynt—Did you say Friend woald claim the big reward, as belaid the information ; also that Friend knew nothing about it except what he hoard from you and Barn* well, and that Friend would summon you as a witness.

Wittess—Yrrs, such a conversation took place.

To his Honor—l will swear I did not know there' were advertisements offering rewr-dn regarding fires before the examination in the R.M. Court.

To Mr Joynt—The conversation with Murphy at Brook's was before the examination.

His Honor—Then, do you not Bee that you must have known of the reward before the examination.

Witness—l did not lake any notice. Mr declined to re-oxamine the witness.

Henry Barnwell deposed that he was working ou the road sith the last witness. He corroborated the evidence of the lait witness as to the boy coming with a message for tho male prisoner, and subsequent proceedings. In the night he was awakened: by a dog. He got up, and on looking out saw the reflocfion of fire in tho mill; and then aroused Williams and Friend. All three wont to the mill together, Friend being rather behind. Tho end of the lean-to and that portion of the mill next it, were on fire. M>3 Ash win and her son came up shortly afterwards. Both were dressed as usual. Attempts were made to get on the roof, but the ladder was not long enough. Mrs Aahwin said it was dangerous. Either Williams or Friend suggested that a holo should bs cut through the roof. Sirs Ashwin said it was no use taking tho boards off, as they would be no good for anything. Witness heard nothing said about insurance. Mrs Ashwin paid all they could do was to let it burn. They had some cofiti, and after stopping about a bit,, witness went to bed.

The witness was croes-exa,mined by Mr Joynt. By H's Honor—Williams did not tell me, as ho went to tho mill, that ho had seen a man set fire to the place, but he told mo that some

days afterwards. There wore no persons besides the Ashwin family down there within. reach of a shout.

By Mr Joynt—Mrs Aahwin did ask me to> assist in euving things. Sh» said also, all that they could do was to see that the fire did asofc spread. I believe the place could have been saved by pulling some of the boards away. Goo. Win. Friend gave evidence somewhat similar to that given by Barnwell. He expyesse 1 a desire to put the fire out on tho night of tic 10th, but Mrs Ashwin said it was not safe to go ou tho roof ; and she also said, later on, "It's insured j let it burn."

The witness was cross-examined at considerable length. He believed the mill could h»T9

teen saved had Williams' suggestion to cut a iiole in the roof been carried out, as the fire was confined to the roof. A half-dozen buckets of water would have put out the fire. "Witness asked Mrs Ashwin if the ■was insured. She replied that it had been insured for £6OO, but had Binco been reduced, the insurance on it then being *3OO. I Bwear pasitively that Mrs Ash•win said, "Let it all burn." Mrs Ashwin did BUggest to save something. She asked us to save a large circular Baw, a fixture which it was impossible to move, and we lost some time in trying to move it. I do not remember the exact nature of the conversation with Barnwell and Williams as to the ■cause of the fire. Witness was ignorant of any reward being offered till within three or 'four days before or after the examination at •the K.M. Court. Witness gave information to the police, considering it his duty to do so. To his Honor—l did not do it before because I expected there would have been an inquiry, and another thin?, I was so far away. I was in ABhwin's employ about eight ■weeks after the fire, and worked for him after the information was laid. I did not know of the reward at the time I laid the information.

Detective Walker, recalled, stated that the Government proclamation of a reward re incendiary fires was received by the police on the 29th April. The first information about •this fire was on the 22nd April. Mr Turner, re-called by His Honor, said— There was no investigation by the Company prior to paying the insurance money, save his -(Turner's) visit to the scene of the fire, and the police report received at the office. This concluded the case for the prosecution.

Mr Joynt then briefly epened the caee for the defence, and called, Alexandra AshwiD, who said—l was the 'the first to observe tho fire at the back of the forge. I called my mother and we put some water on the fire till wo saw my brothers ■ coming from school, and then we sent the youngest of them to fetch my brother Martin, -who was, with the other men, working on •the road. When he came he put the fire out. He continued putting water on it till the men ■ came from work. Beforo retiring to rest, I went to the mill to see that all was right, and my brother Martin went to his hut. He did not return to the house that night. Ido not -sleep in the same room with my mother. I was awakened by the alarm of fire. Barnwell • gave the alarm. My mother dressed to go to the fire. When I got to the mill my brother Martin was there helping the men. Heard my •mother tell William the building was partly i Insured. My brother Martin was not in the house when the alarm was given. The witness was not cross-examined. John B. Barker said he knew the owner of ' the sawmill property in question—he built it. ' The building and machinery could not he replaced under £7OO. Tho floor of the forge was made of timber. The men's hut was forty or fifty feet higher than the mill. The roof of the lean to had a very steep slope. ,Ee did not believe anyone could see objects plainly at Ashwin's house and the mill from the men's hut, as the background was a - dense bush. [The remainder of the examination was directed with a view to discredit the evidence of Williams as to what he saw on • the night of the fire.] A person passing from Ashwin's at house to the mill would be ob- - etructed from view at the men's hut after •walking about 16ft. He would then be lost to sight, but he could be seen>t the lean to >at the other end.

Richard Waghorn deposed that he was working on the road with Martin Ashwin on the 19th of February. Saw the little boy come for Martin Ashwin (the prisoner), but he did not see the fire. He had a conversation about it afterwards with Friend and Barnwell, and Williams. Barnwell said it must have been caused by the forge fire, which he had used for sharpening picks the night before. He said he thought it was probable he would be blamed for the matter. Williams must havo heard all that took place. Hugh Gibson, a shipwright, said he was working for Mr Ashwin at the beginning of April. Heard Friend say he would make it hot for the Ashwins, because Mr Ashwin owed him some money, which he would not pay. He also said they might all have been burnt in their beds but for Harry Barnwell's

dog. This concluded the evidence for the de fence.

Mr Joynt then addressed tho jury on behalf of the prisoner. Mr Duncan having replied on behalf of the •Crown, His Honor summed up, in the course of which he referred to the contradictory nature of the evidence for the prosecution. Tbe jury, without retiring, returned a •verdict of " Not Guilty." The prisoners were therefore discharged from custody. The Court then (at 10 20) adjourned till 10 ■o'clock this morning. Wbdnbbdat, Jttlt 9. [Before His Honor Judge Johnston.] The Court resumed at ten o'clock. ABSOK. Frank Lewie was arraigned upon an indictment charging him with having Bet fire to a *hop in Cathedral square (the property of Bichard May Morton) on the 20th of May. Prisoner pleaded " Not guilty." Mr Duncan prosecuted, Mr Joynt appeared •lor the defence. The witnesses on both sides engaged in the case were ordered to remain out of Court till -called on. Bichard May Morton was the first witness called. He deposed that he was proprietor of the house occupied by the prisoner who ■carried on tho bußineßS of fruiterer there. Prisoner's lease was expiring on the 31st of May. He wanted a renewal, and witness -would not grant it. Mr Duncan —Is this your policy? Mr Joynt objected that the question was irrelevant. His Honor did not see what the question had to do with the esse. Mr Duncan—l wish to show, your Honor, that the priaoner had an interest to injure Mr Morton. The examination was then continued. The accused had on several occasions asked witness for a renewal of the lease. He had taken another shop previously, and that was one of the reasocs why witness did not let him have the renewal. John "William Cork was next called. His evidence was substantially the ~ same as he gave during the examination at the Eesident Magistrate's Court. Cross examined by Mr Joynt—lt was three minutes past one o'clock whan Lewis and I left the shop after going for the cash. My memory is very good. Mr Joynt—Don't begin to bounce about your memory yet awhile. Will you swear you did not all leave the shop together ? Did not Lewis go out with you and the girls ? Witness—Wo stood on the pavement while Lewis put out the lights of the shop, and then we all went away together. It was a -dark night. The girls were standing about twenty yards from tho earner of the Government Buildings, and about two-thirds tho distance of the square from the shop. To His Honor—They wcro nearer the corner of the buildings than the shop. I could see the girls. To Mr Joynt—There is a now lamp about twenty yards from the shop. I could not say whether it was alight at the time. I do not "know whether it has an improved kind of burner. I will only swear to facts that lam certain of. Thero is another new lamp by the drinking fountain. I could not say whether it was alight. The lights are very often put out after eleven o'clock. I can't say whether it is the rule. It is tho rule to grumble about thorn, I know that. Mr Joynt—You are very clever witness r.o •doubt, but you need not bo facetious. The witness and something (suttu voce) about " putting salt on his tail." Mr Joynt complained that the witness was impertinent. His Honor said the witneso had no right to make remarks of tho character, but reminded Mr Joynt that he should not comment on tho evidence, as it provoked the witness. Examination continued—l could not see •the accuecd when ho was inside the shop. The cish-box was kept in a drawer in the ■counter. Accused brought the cash-box to me at the door, and having taken the cash out from tho box he went back again in the direction of the till. I did not hear any sounds. I saw prisoner close door "D" whon he went in the first time. The reflection of light I saw was about 7ft. from the floor, and about three feet long and eighteen inches wide. It had no defined shape. While I was standing at the door a drunken seaman came up, and I directed him to Bligh's Boarding Houae. Lewis also spoko to the man.

Mr Joynt—Why did you not eay tlila in the E.M. Court ?

Witness —I did. 1 appeal to Mr Duncan. Mr Joynt—Never mind Mr Duncan. I also ha.ro a momory, and I never heard you say it. Mr Duncan—He did say something about directing a man, but did not say a drunken seaman.

Mr Joynt—Yes, but you did not say at the B.M. Court that Lewis also spoke to h : m. Now, why did you not mention that. Witness—l do not know, I am sure. Because I was not asked, I suppose. Mr Joynt—But you do not always wait till you are asked. What were your impressions when you saw the light in the shop ? Witness—l thought it was unusual. I never said to anyone that I did not know whether the light on the wall -was a glare from the lamp or my own imagination. I remember having a conversation with Joseph Landery. I did not say anything to that effect to him. If he thought bo he must have imagined it. There were a lot of paper bags in the recess under the stair*, and on top of tb.9 bags was a mass of loose paper. It was about two feet high all over. I did not go inside to see what Lewis was doing, because it was no business of mine. If he had asked me in I should have come. I cannot answer whether he turned off the meter. Lewis went upstairs and brought down a crystal jug. At this stage the witness, in answer to a remark from counsel, said he was particular about details, because the word "informer" had been used in describing him in the Dewspapers, and had he been a ready writer he should have written to the papers about it. His Honor—And much good that would have done you. Witness —Well, I did not like the word used your Honor. I would have given information against my own father under the circumstances.

His Honor—lt is the duty of every honest man to give information of crime when it comes under his knowledge. Mr Joynt (to the witness) —Well, I suppose you won't feel very much offended if I ask you something about the reward ? Witness—Certainly not, because I do not want it.

Mr Joynt—Very disinterested, of course. His Honor remarked that Mr Joynt Bhould not treat the witness' evidence as unworthy of credit.

Cross-examination continued —I knew about the reward. I told Landery that I would as soon give the reward to the unemployed as keep it. I should look upon it as " blood money." His Honor—Why " Blood money ? " Witness —I should look upon it as the same. I would not accept money so obtained. I could not take it if I was starving, your Honor.

Mr Joynt—l should be very sorry to trußt you. Did you not tell Landery that you wanted to take over Lewis's business.

Witness—Lewis wanted me to take it over, and so I told Landery. I did not Bay to Landery that Lewis would not let me havo the business, and that I would make it worse for him in consequence. I never said such a thing to anyone. I will not swear that the lamps were not alight and shining into the shop on the occasion in question. I will swear that the shop was in darkness. I know Carlson, a painter. I may have had a conversation with him about the fire. He may have asked me what he thought of the case. I may have said, "I fancy he will get off," but I did not add, "not if lean help it." I did not say, " I may as well do it as not, considering the hard times." I did not ask; Lewis to let me have the shop. I know Lucy Holloway. I did say to her that I should be glad if she wonld stay with me if I took the place. I may have told Lucy Holloway that Le'ftis would not let me have terms, as I had no money. Mr Joynt having concluded his examination. His Honor asked the witness what he meant by Baying something about outside influences being brought to bear on him. Witness—lf I spoke to anyono, Mr Lewis would go and speak to them, or come and listen to what I said.

His Honor— Why shouldn't he ? Witness —I consider it an unworthy means. His Honor —Why is it not the privilege of every man to seek to defond himself. You do not mean to say he tried to bribe you ? Witness —No, but ho misconstrued everything I said. His Honor —Very likely. But before you go let me advise you in future not to talk bo much about your veracity and romantio generosity of not caring for the reward. Maty Muir was next called, and her evidence was similar to that given in the lower Court. Under cross-examination she said the accused was no longer in the shop on the night in question than was necessary to get the cash box. The lamps in the square were alight that night. She was sure of it, because it was such a dark night. There was always a reflection on the back wall of the shop when the s'reet lamps were alight. They had finished supper at home when the fire bell rang. There was no loose paper under the stairs. Re oroBS-examined by Mr Duncan —I heard the accused ask Cork for a few matches to go in and get the cash box. By Mr Joynt—(through his Honor)—l knew the accused was preparing for an auction. The tins of preserves on the shelves were full. . Luoy Holloway deposed that Bhe was with Lewis, Cork, and the last witness when they left on the night of the fire. She gave evidence aB to the contents of the Bhop. By Mr Joynt —I saw the accused turn off the gas at the meter. The accused wa9 about two or three minutes in the shop while we were waiting for him outside. Any one standing at the outer door must have heard the inner door (D) open or shut. They had been home about half an hour when the fire bell rang. Some goods were brought into the shop on the day previous to the Are. A very good business was done in the shop on Saturdays. Nothing but paper bags was plunder the stairs. I have never known wast&S'paper placed there. [Left sitting.]