WAIPAWA MAGISTRATE’S COURT.

Hawke's Bay Tribune, Volume XVII, Issue 57, 18 February 1927, Page 4

WAIPAWA MAGISTRATE’S COURT.

(Before Mr R. W. Dyer, S.M.) A special sitting of the Waipawa Magistrate’s Court was held on Thursday to deal with two cases, one of assauTt and the otter of alleged arson at Tikokino. ALLEGED ASSAULT. Albert Vincent Collins was charged that on December 2nd last he assaulted Mary Dwyer by riding her down with a horse, causing serious bodily injuries. The prosecution was granted a remand until Saturday next on the ground that one of the witnesses Dr. South, was unable to attend until then. ALLEGED ARSON. George N. Green and Godfrey N. Green, uncle and nephew, were charged with alleged .arson, to wit. setting fire to the property belonging to Mr. Richardson and Mrs C. Green at Tikokino on December 16. Mr Hallett represented the accused. tn opening the case for the prosecution, Detective Fitzgibbon said that in September last, a case was heard in Waipawa. in which one of the accused was implicated and Mr Richardson and Mrs Green were witnesses. whose evidence was adverse to the accused. Since then there had been bad feeling between the parties, which, he suggested, was the motive for the acts complained of. Furthermore, the accuseds’ version of their movements on the night of the fires was so conflicting that it warranted a strong suspicion against them, and on these grounds he advocated their committal. Several of the witnesses were relied to the accused and although tnese were questioned at the time he would suggest that now that they realised the seriousness of the offence their memories might be defective. The accused were in Tikokino on the evening of the fires, and if thev returned to their w-ork in the country by the route they said they took they must have gone three-quarters of a mile out of thenway.

H. S. Tyer, draughtsman of the Survey Department, submitted a plan of the locality. R. King, in evidence, said:. 1 was called up early on December 16. 1 started for the scene, calling on my way at Jack Parkinson’s. 1 noticed that Richardson’s shop was also burning. Parkinson went to .mil Richardson and J gave the alarm by ringing the school bell. I then went and aroused Mrs Charlie Green. Mrs Green and family were in bed. The time was about 2.30.

E. K. Richardson said that he resided away from the shop which was burnt down. “I left my shop about 8.30 on the evening of the fire and the premises were securely locked up before 1 left. 1 met my son and gave him the key as he wanted to write a letter there. Parkinson came to my house about 2.45 next morning and remarked that there were two places on fire. As soon as 1 heard one was mine, I went immediately and found it practically destroyed J should value my shop at £2OO. All my books and receipts were destroyed in the fire.” Mrs Charles Green gave evidence that when she was called the house was in full blaze. “Ever since Mat Green was a boy we have been ou good terms, in fact he has looked upon our home as open to him at any time. Mat' is a nephew and George a brother-in-law of mine. I was a witness in the case referred to. In the evening of the fire Mat left mv house to post a letter. I had no suspicions of Mat; I always found him as straight as a die. Mrs Pawson said that on the night of the fire both the accused were at her house and George called for Mat at about 9 p.m. “The first night I saw them after the fire they asked me if I had seen the fires and I replied that 1 saw one of them. I remarked to the Greens that nr daughter woke me up and it was then I saw the fire. The accused added that they were being accused of the fires.” E. K. Richardson said he asked Green whether he went past the old man’s shop on the evening of the fire and he said he did not. When asked where he slept he replied: “In McKay’s whare.” (hi B employer). To Mr. Hallett: When 1 left mv father’s shop it was nearly 10.45. I posted a letter on my way home and met the Greens just after passing the shop. I went the next morning at 5.30 to see Mat Green at McKay’s. The candlestick used in the shop is an enamel one with tray. J. S. Richardson stated that he visited McKay’s with his brother on the morning of the fire. He asked McKay what time Green got up that morning and he replied: “1 called hijn about 4 o’clock." P. J. Magnussen said he was workinc with George Green the day before the fire. A conversation took place and when the name of Richardson was mentioned Green said he was glad as he had no time for him. W. B. Collins said he was harvesting with the accused the day after the fire. About 5 p.m. a car came on the scene and Green kept looking that way and appeared relieved when the occupants left. He evidently thought they were the police coming but it proved to be Addis and McKay. In conversation with George Green he said he was sorry for bis brother Charlie, but as for Richardson, it was a pity he was not burnt in it.

To Mr Hallett: He never heard anyone who did not sympathise with the owners of the properties burnt. The common talk was that the Greens set fire to the buildings. Detective Fitzgibbon said he interviewed Godfrey Green on December 2 and asked for his movements on the night concerned. The statement, which he signed was to the effect that lie left Tikokino with his nephew at about 11 p.m. They alien at the residence of the mother of Mat Green, two miles distant ami they stayed the night whilst Mat went to McKay’s, a further two miles where he was employed. On Januarv 7 he interviewed George Green and got a statement which he admitted to be correct but declined to sign. He said he left I’awson's at about 10 p.m, and did not meet anyone except voting Richardson on Ins Wai to Arpvllj Ada Green, mother of the accused Mat Green, said that she remembered the dav on which the fire occurred. She snw her son anil his uncle the night previous to the fire when they came to her house between 10.30 1 11. After talking for about 20 minutes George went to bed, and Mat went to McKay’s. After she had given a statement to the detec-

■.Continued from previous column.) five she remembered the further facts as detailed above. After further evidence not of a material nature, the Magistrate said there was no evidence to show that they were anywhere near Tikokino at 230 a.tn.. One was at his sister-in-law’s and the other went on to McKay’s. Detective Fitzgibbon at this stage said there was no proof submitted that they slept at Green’s and McKay’s respectively and so their presence was not actually accounted f or between 11.30 p.m. and the time Mat was called at 4.30 a.m. CASE DISMISSED. His Worship submitted that it was sought to establish a motive arising out of a previous case but the suspicion was not sufficient to convict. There was little discrepancy in the accounts of their movements. The prosecution had failed to establish a pritna facie case. He did not think that a jury would convict on the evidence and to his mind it was not sufficient to warrant the expense of sending it forward. He would therefore dismiss the case.