SUPREME COURT

Hokitika Guardian, 27 February 1931, Page 5

SUPREME COURT

SITTING AT HOKITIKA. j FRIDAY, FEBRUARY 27. (Before His Honour, Mr Justice l Kennedy.) t His Honour took his seat at 10.30 d ii.m. GRAND JURY. a '[’he following Grand Jury was etnn pannelled:—G. C. Perry, J. H. M ile son, C. Evans, H. Kortegast, A H. v I.awn, J. King, W. Jeffries, W. H. Gifford, B. Ward, W. H. Stopfortli, A. C. Annstrong, C, F. Marshall, W. E. Richards, F. J. Bade, G. A. Perry, Y. AY. Bonar, C. H. Be rend t, B. ; Theim, 0. Sutherland, L. Gooch, S. ■ Bassett, J. N. Robinson, J. M. Schroder. Air G. A. Perry was chosen foreman. ; HIS HONO UR ’S' CMARGE. His 'Honour said there was but one charge of crime lor the Grand Jury to consider. The charge was one of arson. 1 A man named Sharpe of Ross, left his house in the morning unlocked and before he returned at night a fire occurred. Ju the evening three boys saw 1 the accused .Muir enter Sharpe’s gate, and pass along the path. There was further evidence that later several persons saw someone getting over a paling fence from Sharpe’s section and evidence of another person who welit along from there saw the accused come into .Sale street, from there. Five minutes Inter a fire broke out in Sharpe's house, with evidence that the fire was intentionally made. Thero was also a denial by the accused that he was near Sharpe’s house. The jury had to consider was the evidence sufficient to provide a bona fide case, to return a true bill. the jury retired at 10.45 and returned at 11.10 a.m. with a true bill against William George Muir for arson. His Honour then discharged the Grand Jury with the thanks of the country for their services that day. COMMON JURY. The Common Jury were then called and duly sworn. P. J. Ivirwan was excused attendance. THE KING V. WILLIAM GEORGE MUIR. A charge that on Ist November last at Ross, did wilfully set fire to a house at Ross, the property of Frederick Sharpe and thereby did commit'arson. Accused pleaded not guilty. Mr Sellers appeared for accused, and' Mr Park for the Crown. To following jury were empanneiled:—John Kulsen, A\ T . T. Barrowman, I). J. Agnew, George W. Morris, John Rue. P. J. McGuigan, Alex D. Archer, .John Gardiner, John R. Bradley, AA r . • F. Ros.s, H. J. Brown, D. M. Pettigrew. Mr Gardiner was chosen forem a n. The following wove ordered to standby :—Thomas Wells, Robert J. Stewart, S, M, Honey. Robert J. Stuart, Richard C. Wells, Albert E, Bl'eoise. Mj- Sellers challenged A. 15'. Ben-' jninin, li. W, R. Sweuey, Henry L. .Michel, A. W, YurraU. ■\ Mr Park opened the case for the Crown and led evidence as follows: Frederick John Sharpe deposed he was a labourer residing in Moorhouse Street Ross. On Ist November lie left bis house at 9.25 a.m. and returned when the tirebel 1 rang. The front and back doors were left half open. When he returned the fire was out. The side of the wall was all charred. One towel that was hanging up was burnt. Left nothing in the house that was likely to catch fire. Knew the accused. The house was fixed to the soil. To His Honour.—Nothing was left in the house that was likely to cause a fire. The fire started in a spare bedroom. Was a single man, and tue only person rvho occupied the house. ’ Alan William Vincent, a school boy, 14 years, residing at Ross deposed he remembered the fire in Sharpe’s house at Ross, between 7.30 and 8 p.m. Mas going down Moorhouse street with his brother, Thomas, Jack Phillips and Donaldson. Saw accused coming clown moorhouse street. He staggered along. Saw him put his hand over the gate, open it and walk along Towards the house. Witness then went 1 along the street and heard the fire- ; bell dug about 10 or 15 minutes afterwards. It was Muir who went in the gate. 10 Mr Sellers.—He was about the length of the Courtroom from the gate. U was a bit dark at the time. Thomas Peter Vincent a lad of U years gave evidence that he resided at Ross. He remembered the fire at Sharpe’s house. It was a Saturday, i He was in Moorhouse street. Saw Muir come down to Sharpe’s place, put : bis hand over the gate and stepped in, but did not see how far lie went. Ho went about 2 or 3 yards In. Witness then went to deliver his papers. He heard the fireball about 10 minutes after. it. was not dark. John Samuel Phillips, gave evidence that he resided at Ross. He remembered the night of Sharpe’s fire. Saw Muir come down the street, on the footpath. He nearly staggered into the gutter. He then put his hand over the gate, open it and went inside. Have no doubt but that it was Aluir. To Mr Sellers. —Tt was a bit dusk at the time. Think be was wearing the suit he had on now. Robert James Scott, deposed he resided at Ross. On November Ist., about 7.50 p.m. he was nearby at the hack of Sharpes’ house in front of tVnia’s house. His wife was there and also Roberts. He was about 1 to l.i chains from the back of Sharpe’s place. Heard a piece of timber crack, and saw a man getting over the fence.

He then walked down the side of the fence. Could not see him after lie* got to the back of Donaldson’s house, where there were two fences to get over to get to. the road. Roberts, left the group and went towards the hotel, by Sale street and would have about met tho man when he got there. A remark was made that the man "was “Puddin” a nickname of Muir. ( Thought it was Muir, but could not swear to it. Rachel Scott, wife the last witness gave evidence. On the night of the tire was standing on Tramway street with Her husband. Mr Douglas and Mrs Denia. AYliile there heard the breaking of a fence between Sharpe’s and Denia’s. Saw a man getting over a fence out of Mr Sharpe’s place. He went down the paddock along side the fence and then tost sight of him. Made the remark it might be “Puddin,” the name Muir goes by. Roberts had left the group and was going towards Sale street. To Mr Sellers.—The man was over the fence when she heard the paling break. Patrick Douglas gave evidence th r>i lie resided at Ross. On the night of the fire was going up Tramway street. He met several people and’ then heard what was like a stick breaking, Behind Sharpe’s fence. A person came over or through, the fence and then went along the fence towards the street leading to Nolan’s. Hotel. He went in a stooping position. As soon as this happened, Roberts left and went into Sale street. Heard the firebell ring 10 to 15 minutes later. To Mr Sellers.—Sharpe's building was an old one, very inflammable. George Joseph Roberts gave evidence he was a buslimnn, residing at Ross. On November 1 he was going home, he stopped to talk to some people, when lie heard a paling break and saw a man getting over a fence. Could not say who it was. Then proceeded down Tramway street and turned into Sale street where saw a man getting over Donaldson’s fence. The man was Muir. He could not say if be was-tjie man who got over Sharpe’s fence. Remarked to Muir who was he running away from and Muir said “nobody.” Muir asked him to have a 'drink which witness refused. Then went to his house and left a parcel and went up Moorhouse street wfEh Chapman when they saw smoke coming out of Sharpe’s house. Witness went to give the fire alarm. It was sto 10 minutes after the man got over the fence. There was no other person about Donaldson’s when Aluir got over the fence. It was a minute or two' miffutes from the time the paling broke till witness saw Muir getting over the fence at Donaldsons. To -Mr Sellers. —The visibility was not too good. Walter Thomson gave evidence that lie was a farmer of Ross. On the night of Sharpe’s fire, he met Mr Chapman and as they passed Sharpe’s house saw smoke, They went Inside, and saw a fire in one of the hack rooms. It had not been lighted long, It was burning on the avhU up to ceiling, H<W'd the fire alarm given and the Fife BriBi'igade arrived. When witness went .in they put the fire out. He then went down the road and met accused who said—“ Ain’t the thing going.” Witness had not said anything to him. Could not see any sign of the fire from there. The fire was in a corner of the room. To Mr Sellers—Witness replied to accused’s query about the thing going—“No”, that it was out, ' James Henry McKay, deposed -he was a storekeeper and Captain of Ross Fire Brigade. Went to the five at Sharpe’s, ft was partly under when ho got there. They put some water on it. The fire started in the comer of a room and notiling: to be seen to cause a fire. Somebody must have been in the room to cause the fire. To Mr Sellers—Could see where the 'fire started, but could not say how. Constable John, Crowley gave evidence that he was stationed at Ross. On Ist November heard the firebeß ring at 8 p.m. Went to tho scene at Sharpe's house, Moorhouse Street. Arrived there before the Fire Brigade. Went inside the house and found Bert Chapman and Walter Thomson in a back room where the fire was burning endeavoured to extinguish the fire. The fire was then out on the wall, but still burning in the ceiling, and thi was extinguished when the Fire Brigade arrived a few minutes later. Saw nothing that was likely to cause an accidental fire. Interviewed accused about 20 minutes after the alarm was given and obtained a statement from him (produced and read). The statement was a denial of having entered Sharpe’s place or of knowing anything about the fire. Witness next morning made an ex animation of the section at the bac! of Sharpe’s house. Found a track ii tho long grass leading down the section and some marks where some person had got over the fence, and r freshly broken paling. On 11th Novem her was present when accused w« v again interviewed by Detective Muroh Obtained a further statement from acidised (produced and read). To Mr Sellers—Examined the whole of the section at the back of Sharpe’s. Tt, was much easier to get over finback fence than the side fences. The rails of the fence were on the inside oi the fences. Detective Henry Charles Murch gav, evidence that he was stationed ai Greymouth. On 11th November In* interviewed Aluir. following enquiries after accused’s first statement on ls : November. Accused stated his firs, statement to Constable Crowley was n correct one of h:s movements on til'• night ot the fire. The accused made r general denial of having been, near Sharpe’s house. This w?s the ca3e for the Crown. (To be continued.)