MAGISTRATES' COURTS.

Globe, Volume XXI, Issue 1783, 7 November 1879, Page 2

MAGISTRATES' COURTS.

CHRISTCHUKHH. TfITTBSDAT, NOVBMBEE 6. [Before G. L Mellish, Esq., KM.] Ahson.—The following evidence in the cbbo of Edgar Osborne, accused of arson, was taken yesterday after we went to press:— Henry Oakley objected to be sworn on religious grounds. Having msde an affirmation, he said —I am a plumber, living in Tuam street, in partnership with John Taytor, who lives next door to me, on the north side of Tuam street. On October 29th I was at a tea meeting with my partner. We reached home about ten minutes past ten that evening. After our return we stood talking to each other in the lane between our two houses. It is a private lane. Whilst conversing with eaoh other we saw a light between the two sheds. It wp.B a staull light, like the flicker of a candle. The refection was shining on the side of one of the sheds. Half a minute after it grew so large, and we saw the smoke arising that I felt sure it was a fire. We raced over as fast as we could run. I being the-fastest got there first. I saw then, on crossing the fence, that it was a firo, and the flames were running up the walL Before I got over the fence I saw that. I first got a long pole and tried to remove what was burning. There was a barrel lying on its side, and a tin on the barrel, on its eido also, close to the building—that is, touching the building, the tin covering the hollow eide-of the barrel. It was like the barrel now in court. I could not move the barrel with the pole the flames were spreading so rapidly. I then threw down tbe barrel, dragging it away with my hands, and the tin followed it, as the tin lay on the barrel. The tar was running out of the bun hole, whioli was downwards, running between the barrel and the wall. There was also some loose canvas stuff burn-, ing, also two newspapers. The same night I; showed them to Sergeant Hughes, also to a. detective the next day. The fire scorched thaweatherboards. The buildings belong to Mr B. Hale, sailrnkker. There are two buildings, similar 'to each other. My partner, soeing. that I was first, did not oomo in, only raking. if I could manage it. He epoke to me from* the other tide ot the fence. I think the. heasl was in tbo barrel on tha night in queeticn. I thought it was full at the time, 'x'aylor went away. I stuyed till Is-returned with Sergeant Hughes. He was. absent about tsv*nty minutes. I saw c-ti* person, a policeniin in plaiu clothes, and & person din oily, apposite spake to mo from tho gate of liia. residence whilst I wus putting out the £re. No one else spoke to me-during my partaer'a absence. I know tho constable by titslit.. [Here Constable MiG-Noien was brought iaT} That it the man ! No one assisted me in putting out the Ore. I could not sse the whole of; the scene of the fir» from my ho-iac* only the flicker. Two. others got overthe fence with me when. I first raa to> the firs, but they rendered no help. 5y the Bench—Wnen I first saw the fiickei it seemed stationary -tdiot moving. Mj[ i*e» was it was some one out with a car.d'.o. By Mr Holmes —Mr Taylor and royeelt were talking about fifteea minutes before, wo saw the flicker. It was then about 10 SO. When we first g<s* t<J t&a fire it woa feWBWS «P W*M

i both sides of the tin, and up to the weather I boards, although it was a hard matter to see •At first what was burning. The tar was running out of the tin—that was not burning. 'I did not see any light or fire inside the barrel. I cannot say if the barrel was on fire, -although it bad that appearance. It was a wooden building. No portion of it was ' blazing or red. When the things were removed the fire went out. The building was only soorched. The two newspapers were not ' burning. The canvas was 03* fire. That was what I saw on fire. From what I saw T should think the fire must have been burning about fire minutes before I got there. I cannot tell how mnch > canvas was burnt. 'I did not try to estimate how much was burnt. I left that to the police. I should fancy the two buildings are 15ft. apart. It was the one nearest Durham street that was burning. There is a fence all - round the? two bnildiugs and the section. It - was a s'.ill, moonlight night. I cannot tell how far the next house was from the one t next the fire. It was from twenty minutes past to hall-past ten when I saw the fire. -John Taylor, on affirmation, corroborated 1 the evidence of the foregoing witness. ' adding that a lighted match would cause such - a glare as was : iirst seen by them. His • partner leaped the fence to put out the fire. Witness ran to get water, but as the water i ran very slowly, he returned without any. On his way back the fire suddenly subsided. He then went in saareh of a policeman, and near the City 'Hotel met Sergeant Hugbei, • who returned with him to the place where . the fire was. It was the same barrel and tin -or similar to that, in Court that was in the burning mass. The building was charred • considerably. By Mr Holmes—l think it was about ten minutes past ten when wo saw it. I do not think there would bo much difference between the appearance of a candle flime and a match flame when we ;flrst saw it. From the time of my leaving my partner till the ill ime subsided, I suppose half a minute must hare elapsed. I saw no fire on the building on my return, but it bore ' the marks of fire, a.d when I first saw it the "flames reached to the eaves. It was charred, but'l c'o not know if it Hired. "By Mr Hickson—l do not think I was more than half a minute going to and fro. Walter ■Buckingham, sworn—l am a miller, at present living at the: 'Prince of Wales Hotel. I ■ was in the bar of that hotel on the evening -of October. 29ih. ■ I saw prisoner there about half-past ten o'clock. I was talking to Mr Williams at the time. The licensed came rolling in in a very curious manner, and asked the barman to give him a glass of beer or i shandygaff. The barman said, " I will not give it you ;' I think you have had enough. Where have you been?" He replied, 'I ! have been to'the fire." The barman asked, "What fire?" He said, "Over there," ■ pointing to the back of Booth's, in a S.W. ' - direction. 'When he mentioned fire we all ' wanted to know- where, as we heard no bell , ring. The barman said, " There cannot have been any firp; we - didn't hear the bells." j Accused-replied, - '-'lf you don't believe me, look at my hands," and they were as black as '. though he came out of a moulding shop. ' That was how his hands were noticed. His I bat and coat were very dirty and dusty. He had on a Scotch grey tweed suit, like those now produced. He. did not stay long, as being refused beer, he. left the house. By the Bench---As he showed his bands, I naturally looked at him more than I should have done Otherwise, and his face was black, but not so black as his > hands. It was about half-past -ten. By Mr Holmes—The bar was well lighted, and when he showed his hands they could be readily seen. His face looked as * though he had been rubbing it with bis hands. I do not think his face had been washed recently, nor yet his hands. His face did not look tarry, neither did I notice any < tar on his clothes, but the question went round about a smell of tar. Nothing else was said that I remember. Sydney Williams - deposed- 1 -1 am a pattern maker. I was in the Prinoe of Wales Hotel about half-past ten on October 29th. A few minutes after that the prisoner came in. He was intoxicated, and called for a drink, and was refused. ' Several remarked, " Halloa, what have you been doing, your face and hands are so black. ' ■ He replied, " I have been to the fire." The barman said, " There has been no fire. I haven't heard the bells ring. Where was it ?"■ He. pointed out with his thumb over his - shoulder, and said, "Orer by Booth's." He • left in a few -minutes. He was drunk. His . face and hands were dirty, looking as though . be had • been handling coal. His general ■ appearance was dirty, as though he had been in a coal yard. X cannot remember anything else being said by the prisoner. By Mr ~* Holmes—l cannot say if his hands were - covered with fresh tar.. I simply think it was . coal dirt. ' Nothing else was said in the bar about it that I remember. Sydney Shepherd, .- sworn—l am barman at the Prince of Wales Hotel/ I remember the evening of October - 29th. I saw the prisoner come into the bar of the hotel on that evening about half-past . ton. Ho looked rather excited when he came in. Ho called for a beer, which I refused him, as -1 -thought he had had enough. . He was excited with drink. I remarked his hands and face wero very black, and asked him where he got the black. He asked me if I hadn't heard of the fire. I asked, "What • fire?" and he said, "Didn't I hear the bells ring." LI replied "No." I asked, "Where was the fire?" and he replied, "At the back of Booth's," pointing orer his shoulder. He • again asked for a drink, and as I thought he - was going home, I gave him a shandy-gaff. He then left the hotel whilst I was serring • drinks in another room. He returned again to the hotel about a quarter to eleven. He - then called for three beers. I again refused him, and told him he had had enough, and had better go home. He smelt very strong - of tar. To encourage him to go home I gave him a glass of ginger-beer, on condition that ' he went straight home. At eleven o'clock I - closed the house, and had great trouble in ..getting him away. He left about eight or ■ ten minutes past eleven. I do not remember anything being said about who had put out ■the fire. George Mas'in —I am a laborer. I was at the Prince of Wales Hotel on the • evening of October 29th. The prisoner came ■there about half-past ten. His face was - very dirty with black marks. He smelt of tar, and his hands were all black. 'I shook hands with him. I afterwards smelt my hands and wondered where the -smell of tar came from. I asked him what was the matter with bis face ? He said he had been to the fire. I asked him " What rfire ?" as 1 had heard of none. He Baid, "I have just been to put it out." He then left ■ the bar, returning in about six or seven minutes. I remember no further conversa- • tion with him, and it was when I left I Bhook hands with him. By Mr Holmes—l went to the hotel at aix o'clock and had a pint of beer. ■ On my return I had some shandygaff. I think I had one pint of beer and two shandygaffs only all the evening. I saw the witnesses Buckingham, Williams, &.1., who asked him what was the matter with his faco. He said he had been putting a fire out. The barman said he hadn't heard a firebell. He answered twice that he had put a fire out. Tbe barman was near me, and I imagine he answered both of us. His hands bore evidence of having recently handled something black. By the Bench—His hands did not ■look like those of a man employed putting down tar. By Mr Holmes—He was offensive to the barman, saying he wouldn't go out. He was a little more than half tight. Wo did not leave the hotel together. We parted on the step of the side door. His hat -was vory dusty, like ordinary dust. I was not in St. Asaph street a little before ten. I went to the drill shed. -Constable McCarthy—l am a constable stationed in Ohristchurch. I wsb on special duty on night of October 29th in plain clothes. I saw the prisoner in the Prince of Wales' Hotel. I saw him come out from there and go borne. He was wearing the clothes now produced. I followed him to his house. My attention was attracted by bis dirty appearance and his being slightly intoxicated. After waiting about a quarter of an hour I went away, but from something I heard I returned about half-past one to his house with Constablo Henry. Tho prisoner was in bed_ and asleep. I examined his clothes, noticing two or three descriptions of dirt on them. I did not examine thorn very minutely. About niue the next morning I returned to lub house with Detective Neil. I heard Detective Neil tell him he was suspected of setting fire to Mr Halo's premises, between St. Asaph and Tuam streets, and that he arrested him on that charge. Accused said—" All right. I know nothing about it." Accused's father asked him if there had been a fire and if he knew anything about it. Accused replied—"l don't know anything about a fire. I don't know what they are talking about." Detective Neil then took charge of his clothing, which was then lying on the floor. The coat produced was hanging up in the kitchen, olose to his bedroom door. Detective Neil then ordered him to get up

and dress. He said, " You have taken all my elotfcsj. I have aothing to put on." His brother then told him to take a coat of his which was hanging up. Acoused then opened a drawer taking out a coat and vest and put them on. I have known accused for some time. lam sure these are the clothes worn by him on that evening. Before leaving the house prisoner insisted on washing. Detec- , tive Neil would not allow him to do so. I remember the night in question quite well. No alarm of fire was giTen. It was a calm, clear night. I know the premises attempted to be burnt. The yard is full of long growing grass. I have examined the stroet from the Prince of Wales' to prisoner's father's house, and there has been no new asphalting done there. Asphalters use coal tar for tho footpaths. The tin and barrel contain Stockholm tar. I have measured the Tuam Btreet gate to the yard of Mr Hale's property. Its height is sft. sin. The gate of the property in St. Asaph street is a picket gate, two of the battens of which are removed. Fbiday, Novembeb 7. [Before G. L. Mellish, Esq., R.M.J Drtok and Disoederly.—Three drunkards were find respectively ss, 10s, and 60s. Laeceny.—Thomas Gallon, alias Gillon, alias Dillon, was charged as follows ;—l, with stealing clothes from a clothes line and three blacking brnshes value £1 17s, the property of Daniel Granger Ward ; 2, with stealing a watch, value £5, the property of David Gellatly; 3, with the.larcony of a canary bird and cage, owner unknown. Tho prisonor said he was not guilty, and on the application of the Inspector of Police was remanded until Monday, the 10th inst. Stbaiino A Watch. —Wm. Benson was oharged with stealing a watch, value £3, the property of Alex. Brown. Alexander Brown deposed that ho wan a waiter, residing in Lichfield street. He missed his watch ten minutes past twelve o'clock yesterday, from his Lordship's Larder. Saw the prisoner come out of tho bedroom where ho (witness) had left the watch. Went at once into the bedroom, and found that the watch had been stolen. Followed the accused and gave him into the custody of the police. Picked up his watoh in Lichfield street, whore the prisoner was arrested. Thomas Edmonds, waiter at his Lordship's Larder, saw the prisoner leave the premises, and afterwards throw something away into a little paddock, near the Oddfellows' Hall, near the spot where he was arrested. Inspector Hickson gave evidence that the prisoner had been once convicted, and got three years for- burglary in Hokitika, and had been several times convicted for larceny. He was sentenced to six months' imprisonment, with hard labour. StbalinO Moxbx. —Patrick Moss alias Moss Benjamin was charged with stealing £7 from the person of William Wilson. The accused was remanded until the following day, bail being allowed. Laboeny os x Cheq-cb Book.—David Tucker alias Tupper alias Draper was charged with stealing a cheque-book, value 2s 6d, the property of John Greenaway. Mr Greenaway, nurseryman, stated that he lost a cheque-book of the Union Bank of Australia on the 19th of April last. It was worth about 2s. Constable Connell said he found the cheque-book the previous day in the possession of the prisoner. He arrested him for stealing it. Detective Neil said he searched the prisoner between three or four weeks ago on another charge, and he then said it was his own property. The accused was sentenced to one month's imprisonment with hard labor.