SUPREME COURT.

Lyttelton Times, Volume LVII, Issue 6508, 5 January 1882, Page 3

SUPREME COURT.

WIDKMDMt, JAK. 4. (Before Bit Honor Mr Justice Johnston.) The Court returned at 10 a.m. ABBON. Bridgot Payne wm indicted for setting fire to a house in Oxford Terrace, with intent to injure, on Not. 29,1881. Mr Duncan, with him Mr Martin, appeared for the proieoution. Mr Stringer appeared for the dcfonoa. The following evidenoo wat led for the prosecution : Alfred Henry King, warehouseman: Know the premises occupied by Hn Heilop in Oxford street. The building, which wat hii property, woe worth £75. It contained two room* and a soullery. ( Plan of premises put in). The plan produced correctly represented the premises. Cross-examined : The weatherboard s of tho house have been pointed, not sinoe the fire. The soullory, I believe, is an addition to the house. There are a number of houses in Willis street. One house is nearer than the prisoner's. The neighbourhood is pretty thi-kly populated. Most of the places are •mall cottages. Charles Wells Shanks, Government Surveyor : Had made the plan from actual ■urvey. Deteotive John Neil: Had gone to Mrs Heslop's premises on Nov. 29, and examined the doorway between the scullery and kitchen. Noticed a small hole burnt at the bottom of the door-post and door. Should say that the fire had been from the outside. The doorstep, door-post, and wall on the outside for about 2ft from the door t# a height of Bft were saturated with kerosene. It was the wall of the house, not of the scullery. It was ihside the scullery. Took possession of the piece of paper produced. Mrs Heslop gave it. She also gave him four red-headed wax matches. The matting produced Mr Heslop gave witness. The old clothing produced and a square bottle containing kerosene witness got from Mrs Heslop. Witness went to prisoner and told her he wanted to see her about the fire. She said, " 1 know nothing about it. I have not been to her house since Sunday. She has got a down upon me because she thinks that I blame her for poisoning my dog." Witness afterwards arrested prisoner. Searohed prisoner'! premises, and found a box of matches similar to those given him by Mrs Heslop. Also a piece of paper (produoed), which corresponds with a piece of partially burnt paper that he received from Mrs Heslop. There was a tin of kerosene in prisoner's house. The apron prisoner was wearing at the time of her arrest was stained with kerosene. It smelt strongly of kerosene, and was wet with kerosene.

Cross-examined: There was no kerosene on the clothes I got from Mrs Heslop. It was before 7 that I went to Mrs Heslop's. The plaoe was not swept. The clothing, Ac, were lying there. The matting was in the soullery. About two inohes of the door and door-step were burnt. There was no scorching up the door or up the wall. There is » very high paling fence between the prisoner's and Heslop's. Along Willis street the fenoe is over three feet. It might be four feet. I never measured it. The fence on the opEosite side is of a similar description. I now Mr Bailey's house. Standing on the footpath in front of Bailey's house, I do not know that you can see Payne's house. You can see the head and shoulders of a person going from Heslop's gate to the baek of the house when standing in front of Bailey's house. You can see more near the gate. On the following day I called on Mrs Pickford. (Mr Duncan objooted.) • Elizabeth Heslop, wife of John Heslop, labourer: Had left her house at half-part 11 on Nov. 29. No one was in the house. Looked the back door—-not the scullery door, which bad no look, Drowned the kitchen fire out before leaving the house. The kitchen fire was opposite the door. Shut the soullery door. Returned about 6 o'olock. Found the soullery full of smoke. There was fire under the kitchen 1 door. It was just starting to burn. It was just alight. There was a hole on the jamb and on the kitchen door. Got some water and drowned the fire out. The wood was charred. The hole was the size of a good potato. There was a smell of kerosene all over the place. The things witness gave to Betective Neil she had found on the fire. They had not been there when she left in the morning. The piece of burnt paper Bhe pioked up underneath the matting. The matches were soattered on the floor of the soullery. They were red-headed. Wit* nees always used blue-headed matohes. The square bottle witness found under the kitchen window, outside. There was a red-headed match by it. The bottle had been there for three months, but contained no kerosene. It bad a little kerosene in it. Saw the prisoner, and asked her,. "What have I done to you that you tried to burn me out ?" She said, " You are a liar." She was not sober. It was about a quarter to six, or six o'olock. It was after the fire. Cross-examined : I came home with Mrs Maxwell. My husband worked till half-past five, and I had spoken to prisoner before he came home. Not ten minutes before be came home. The water left in the bucket was sufficient to put out the fire. If I had been ten minutes later, I should not have had a bed to lie on. It had just started in a flame. I asked my boy about prisonor before I went to her. I must quarrel sometimes. I never quarrelled with Mr Payne. We have not very long been neighbours. I have lived there about six months. I never borrowed anything from anyone. Prisoner gave me a bottle of kerosene once. I wanted to pay her, but she would not take the money. I once ate some meat which was cooked by her in my house. We all eat down together. She brought me eggs for the ohildren. I thought she was a very different woman. I don't remember borrowing salt from her. I saw prisoner going into the publio-house the morning of the fire. She had a kit. I have seen ner in drink. She was in drink that morning. She spoke to me, and I noticed she had some drink on her. His Honor: You swear that P

Witness: I will; because she always took drink in the morning. To Mr Stringer: She has brought rum into my house before tea in the morning, and drunk it. I did not partake of it. She did it once. She told me she could not take a drop of tea till she had had a drop of drink. On the morning of the fire she asked me if I was going out, and I said " Yes." His Honor cautioned the witness for the manner in whioh she was giving her evidenoe. Witness: I have no reason for saying that prisoner was under the influence of drink on that morning. To Mr Stringer: I have seen prisoner under the influence of drink—not often. I have seen her three timos. His Honor: When was the first time P Witness: Once on a Sunday evening, when I was going to church, about a fortnight before the fire. She was in a buggy, and a woman was holding ber by the arm. I only notioed one arm. I passed her on tho footpath. There was a man with them. She is always, sometimes, more or loss under the influence of drink. The second time is so long ago that I cannot rooolloot. Perhaps thore are plenty more persons who can speak of her drinking. I cannot remember any other occasions but the one. In the evening of tho Are prisoner knew what she was saying and doing. When I acoused her she said,"Mel I'll make you prove it." At the first, going off she called me a liar. She did not, that I know, say, " Good Gracious, woman, what should I set fire to your place forP" I »id, "All right, I'll prove it." That is all I heard her say, and all that I said. If I >aid anything else to Mr Dunoan before, she must have said it. My boy is getting on for nine years of age. He goes to school, taking his dinner. He leaves sohool at 8, or a quarter past. He does not smoke. ' Mr Stringer : I don't know why you are smiling so blandly at me. Witness : Beoause you are suoh a nice lookinggentleman. His Honor reproved the witness. Witness, to Mr Stringer; I keep kerosene in a bottle like that produoed, but it has no label on. , To -bis Honor < I took my boy borne with

me to chop some wood. He was with me when I discovered the fin. To Mr Stringer; I did not notice smoke till I opened the door. The witness bad several times to be cautioned for the manner in which she gave her evidence. • William Michael Heslop, who was questioned by his Honor ae to his knowledge of the meaning of an oath before he was sworn: Was nearly nine years old. Was playing in the ttreet when his mother oatno home on Nov. 29. Went with her to the home. Saw fire and smoke when the soullery door was opened. It was a little bit of a light. Witness' mother slushed a bucket of water on it and put tho fire out. Aoout half-past five, after witness had returned from sohool, saw Mrs Payne coming round the corner of Willis it root, and then on to Oxford terrace, bhe went into tho prosecutor's gate, and to the baok of the house. About a minute after sho came baok and went round the corner of Willis street. Was quite sure it was Mrs Payne. Found a match with a red head under the house, at the back, near a bottle which had kerosene in it.

Cross-examined : I was playing hop-scotch when I saw Mrs Payne, bhe was on the river side of the road, after she went into our plaoe. v I gave ovidenoo in the Magistrate's Court. I did not see her come out of the garden gate. I saw her go round the corner of the home. She stopped behind 1 the house about a minute. This was a good while before my mother oamo home. It was nearly an hour. Mrs Payne had nothing with her. She had no hat on. She had a light gray apron on. When I came from school, I went to the soullery and put my own and my brother's bag on the shelf, I returned from school at half-past four. I left school at half, past three. There was no smoke in the scullery when I was there. I have tried to smoke paper. I have tried a cigar. I know a little boy named Hannan. I asked him to have a smoke that afternoon. I never smoked in the scullery. I had blue matches. I never had red matches. I don't know a little boy named Thiel. I have talked with my mother about this case. I did not hear what took plaoe when my mother accused Mrs Payne. I remember Mrs Payne coming round to look at the fire. My mother and she did not speak. William Henry Bailey, who was examined by his Honor ae to the nature of an oath : Was twelve years of age. (This witness corroborated the evidenoeof the last witness.) Had seen a man named Gilchrist at Mrs Heslop's gate when Mrs Payne was there. He had the racehorse, Blackbird, and another little horse. That was before .Mrs Heslop came home.

Kobert James Gilchrist, clerk to 0. W. Turner: Had seen accused at about ten minutes to 6on Novi 29. She was on Oxford terrace east, crossing Willis street, and going towards Heslop's house. Saw her stop at Heslop's gate. Was about 70 yards from her then. Was only Bor 9 yards from her when he first saw her. Thought she Was a little exoited. ' Cross-examined: I was on horse-back and turned round to look at her. I can swear that she was not on the other side of the gate. I never saw Mrs Payne before, that I know of. This was the ease for the Grown. Mr Stringer opened for the defence and called the following evidence : Mrs Julia Piokford: Knew acoused. Could see Mrs Heslop's and Mrs Payne's from her house. Saw Mrs Payne on Nov. 29, and on that morning got from her some kerosene and sweet oil for a machine. Mrs Payne gave a small sauce bottle of it over the fence. She was wiping the bottle as she came down the garden with what witness took to be a duster. Witness took her children to prisoner's and left them there till half past twelve. Prisoner was perfeotly sober. Witness saw her after she was accused of tho fire. She was sober then. Had known accused for the previous month, and had never seen her the worse for drink. The witness was not cross-examined. Mrs Kate Biohards: Knew Mrs Payne well for about seven months. Saw her every day, sometimes more than once. She was a sober woman. Witness never saw her the worse for drink. Accused came to witness' house about four o'clock on Nov. 29, and remained there till half-past five or a little later. Did not see where she went. She returned when she was acoused. She was then quite sober. Had seen Mrs Payne giving Mrs Heslop things over the fence. Mrs Payne returned to witness* house before six o'clock. This witness was not cross-examined. To his Honor: She had nothing on her head. She was in her working clothes. I don't know that she had on the apron produced. Mrs Elizabeth Maxwell proved that Mrs Heslop got home at a quarter to vx on Nov. 28. Learned counsel addressed the jury for the defence. His Honor summed up. The jury retired and, after on absence of half an hour, brought in a verdict of "Not Guilty." LABOBNY. Mr Holmes, with the consent of Mr Stringer, asked his Honor's permission to have the prisoners in the next indictment tried separately. Mr Martin, for the Crown, did not objeot. His Honor thought there could net be any objeotion. The prisoners were entitled to separate challenges, and therefore to separate trials.

James Marshall then pleaded "Not Guilty" to an indiotment charging him, together with Thomas Peart, with stealing 74 sheepskins and 2 pieces, the property of Messrs J. T. Ford and Co., on Nov. 10,1881. Mr Martin oonduoted the prosecution. Mr Stringer appeared for the accused. The following evidenoe was heard for the prosecution : James Duprez Lance, sheep farmer, residing at Horsley Downs: Bemembered on Nov. 4, sending 41 bales of sheepskins, each bale containing ten skins, to Messrs J. T. Ford and Co, No skins had been sold off the station since about the same time on the previous year. Those were sold to J. T. Ford and Co. The registered brand was a spur—the only spur in the district. Saw a bundle of skins again in the Besident Magistrate's Court. There might have been more than one bundle. The skins outside, pointed out to witness by Deteotive Neil, had his brand. The growth of the wool did not correspond with that of the sheep sent down. Cross-examined : I sell sheep annually with my brand. Last year I sold 10,000 or thereabouts. Their skins bear my brand. We sell as soon as possible after shearing. Phillip Baker Boulton, Begistrar of Brands for Canterbury, proved the prosecutor's brand. Biohard Yerdon, storeman to Messrs Ford and Co.: Had reoeived 41 bales of skins from Messrs Mallook and Lance on Nov. 4. Had counted ihera. On Nov. 7 had reoeived 28 bundles from Mr A. J. Churton. On Nov. 8 all the skins were there. Bix bundles were missing. Marshall came to the store. Witness saw the skins, the same as were now outside the Court. There were 28 skins, a bullook's skin, and a calf's. There were 13 of Mallook and Lance'*, eight of Mr Chapman's, and seven of Mr Homersham's. Valued the skins at 4s all round. Cross-examined: The skins were there when I arrived at 8 o'clook in the morning. People could throw skins over the fenoe, but tho gate is looked before 8 o'clock. I have known butohers and prisoner Marshall to do so. Homersham's had no brand. I reoog* nised them by the quality, sise, and weight. He bought a mixed lot. These are of the same class. There was nothing peouliar about them. Mr Chapman's bore the heart brand. I took the skins from Marshall, labelled them and put them into the store. I first notioed that the skins had been disturbed on Nov. 8 before 12 o'olock. I missed them on Nov. 8. I searohed for them at once. I gave evidenoe in the Magistrate's Court. (The depositions said that witness had missed some on Nov. 10.) Nov. 10 is the wrong date. I should have oorreoted it hnd I noticed it. 1 missed them all on Nor. 8. The storo is open to the publio during the day. £ have one

Militant. I counted the skint in Manhall's presenoe, and then took them into the yard. James Ending, labourer: Hod received 41 bundle* of tkins from Mallock and Lance. Saw priioner at the Queen's Hotel with Peart on Nor. 7. Manhall told witneii to laj that the tkina were vmrth £l3. Peart wni at the other bar. On Nor. 8 taw Marshall at Ford and Newton'*, between 6 and 7in the morning. Manhall laid he had 80 ikini, 1 hide, and one calf ikin in the yard, flaw tkem in the outer yard. They war* not there on Hot. 7. between 8 and 9in the evening. The windows in the itore on the morning of Nov. 8 were oloaed. Prieoner had been head etoreman in Ford and Newton's. Had been initracted by prieoner to leave the gatea open one night in the week. That was fire weeki before the ■kini were taken. Cross-examined : Iho gates were left open for the night-man. Since Manhall left Menn Ford and Newton'a he baa frequently ■ent skin* for sale. Detective Maurice O'Connor: On Not. 12 saw prisoner in a cab, and told him he wai suspected of stealing a quantity of sheepskins. Prisoner said, "I heard all about it. I want to go home and see my wife first" Told the cabman to drive to the police station. On the way prisoner said, " I got my skins f rom Gabitcs, at Prebbleton." He said, "There has been a lot of dirty work going on there." Witness understood him to mean at Ford and Newton's. Later in the evening, at the watoh-house, prisoner said, "Those are not the skins I got from Gabites. I will tell you on Monday where I got them from." John Tucker Ford, of the firm of Ford and Newton, auctioneers: The skin business is a branch I hare nothing at all to do with. Mr Newton looks after it. This was the case for the Grown. Mr Stringer submitted tint there was do case. His Honor thought there was enough to go before the jury. Mr Stringer submitted that James Biee, whole name was on the back of the indictment, should be called. His Honor said Mr Stringer had a right to cross-examine Bice. James Bice, cross-examined : I buy skins from cockatoos. I don't notice the brands. I sold some to Marshall. There might be 26. To Mr Martin: I can swear that the skins outside the Court are not those I sold to Marshall. Mr Stringer did not call any evidence for the defence, but addressed the jury at some length. His Honor summed up. The jury, without hesitation, found a verdict of " Not Guttly." Mr Martin informed His Honor that he would lead ao evidence against Thomas Peart. His Honor directed the jury to acquit the prisoner. This concluded the business, and the Court was then adjourned till Monday next at 11 a.m.