RESIDENT MAGISTRATES' COURTS.

Grey River Argus, Volume XII, Issue 1100, 6 February 1872, Page 2

RESIDENT MAGISTRATES' COURTS.

« r . : ■ GREYMOUTH. Monday, February 5. (Before W. H. Revell, Esq., R.M.) . ATTEMPTED ARSON. Michael Brown, miner, was charged with having attempted to set fire to a house at German Gully, occupied byEmma Senior. Mr Newton appeared for the accused. Emma Senior : I am, the wife of Richard Senior, who works at (Wickes's saw-mill. I am living in a house of my own at German Gully. vAt five o'clock on the morning of Saturday, the 27th ultimo, I was washing, when the prisoner began to throw stones at the. house. I went out, and remonstrated with him. He said he " would make Sevastopol of the place — he would burn the house down, and put me out of the gully*" I went in and closed the door, but a stone was thrown against it, and, the bolt giving way, it burst open. I asked him why he wanted to burn my house down., He repeated that he wanted to get me out of the gully. I said — " You must be either out of your mind or in the horrors." He and I had always been the best of friends since I went to German Gully, and 1 thought he must either be in the horrors or out of his mind to do the like, He came inside ; he and I had a scuffling match ; and 1 1 threw him outside, but I could not keep him out, and I went over to Maori Gully for the police. He had ; been there about two hours before I left. When I returned, about two o'clock, I found my dresses, bedding, and other things burnt — some in the fire-place, and some thrown out on the road. The chimney and frame of the dbor were also partjy burnt. . By MrNewtou ; I never gave the accused occasion to have any malice against me. We were always the best of friends, and he had never previously made any threat. Except once, he had not been in my house for a fortnight. He always spoke civilly, and never acted strangely, so far as I know,: ;;. By the Bench : He had been in the habit of drinking, When sober he would not molest a child, but he gets silly when he has drink in, He used to run up and down the street as if he was a little out of his mind. My husband comes to see me occasionally, and contributes to my support. I also support myself by washing, sewing, and knitting, v John Loughley, publican, witnessed what took place previous to Mrs Senior, going for the police, and saw Senior come out of the house afterwards. Brown said something to him, and he replied that he was not well, and would not fight. Brown, a few minutes afterwards, brought some brushwood, and put it inside the house. He also rolled out a tub of washing, and threw out a lot of' 'other things — blankets and clothing; Witness picked them up. Afterwards Brown said, "I will help you to gather these j things up, but I will not allow you to touch the/house." He added that if anybody had clothes washing there, they should take them up, as he was going to burn the old viper out of the gully, or wqrds to that effect. Afterwards there was a great smoke from the chimney. Charles Sutherland, carpenter, went over, and pulled oome of the burning brushwood out of the chimney and threw .it' outside.

He also quenched the fire with some buckets of water. Brown, who at this time was running backwards and forwards, struck Sutherland with a. piece of fern when he went to extinguish the fire. In reply to Mr Newton the witness said that Brown had been for several days drinking, and was much excited in his manner. He had known him for A year or two, and believed that when he got drink he was what was called " cranky," and was not safe to be at large. His acts were singular. He had seen him get into a wheel-barrowj and for half-ari-hour try to wheel himself while sitting in the barrow. He had also seen him carry heavy logs and stones from place to place and carry them back again without any apparent object, and occasionally h9 ran after children in the street or children after him. He did not think he knew what he was about on this occasion. Charles Sutherland gave evidence as to ,the stone-throwing, the carrying in of brushwood, and the threats of burning made by the accused at the time. The accused, struck him twice as he went to extinguish the ,fire, but, with ; ,the assistarice of another, it was extinguished^ Had known the accused for three or. four years. He behaved : respectfully ;and, quietly when sober, . but he pccasionally went on. the; spree, and on. this occasion • had been drinking all night j; and for- some days previously. Could not say whether he was in his right mind or not, but no sane man would have acted'as he did that morning.- , / : . ' Inspector Hickson Stated that the rest of the evidence would Bimplyjcbrroborate what had already been heard . Mr Newton : contended that .there was sufilcient evidence that the accused became temporarily insane from the effects of continued drinking, and that, with such evidence, and the evidence of his. conduct on this occasion, 'the Bench would ript be warranted in comiriittirig liiiri to a; higher court, -. •,,.. . The Magistrate bonsidered it was his duty to commit, even on the evidence given, and preferred that the case should proceed- ' ' : r George Weaver, butcher, corrpbprated some cf the previous evidence. The accused occasionally drank, and when he did so, he drank heavily. He .believed the* accused had been several times mad with drink, and had told him 'so, but he would not believe it. On this bccasioii he was quite intoxicated. = r. Sergeant Emerson, when he went to arrest the accused, found him concealed uuder a building which stood only a few inches from the, ground/ and from his place of concealment he would not come — he "would suffer to be shot first." A quarter of an hottr afterwards he came out,: and wheti: he saw the. Sergeant, ran away, Jbut was caughjt.^ He resisted the arrest, and it was only with assistance he was ■ hand-cuffed. ■ When hand-cuffed, he lay in the street, and kicked. He was taken into Hamilton's -store, and promising to go if the handcuffs were taken off him, he accompanied the: Sergeant to Maori Gully, with two others, who came part of the way. to assist the police. Wheri arrested, he said he did intend burning down the house, and was sorry they didn't allow him. Afterwards he said "he didn't know what tempted him to burn the b.3^- house* and was sorry he had anything to do with it." When spoken to he answered reasonably enbrigh, but when not addressed by others;' he kept muttering and talking to himself. Inspector Hickson applied for a remand until to-day (Tuesday) for the production of Senior as a' witness. ' Mr Newton, under a section of the Lunacy Act, asked the Bench' to direct a medical examination of the accused. : : The Magistrate did not see his way to do so, there being no charge or proof of insanity. Did Mr Newton propose to offer any evidence ? Mr Newton said that, without consulting the accused or his friends, he did not know whether he would be able to get any evidence on that point. That was the only evidence he would offer.. Plenty of evidence could be g'bt as to the accused being temporarily out of bis iriind- after drinking. The case was remanded until Tuesday, at eleven o'clock. ' / . :.