SUPREME COURT.

Nelson Evening Mail, Volume VIII, Issue 8, 9 January 1873, Page 2

SUPREME COURT.

[Before His Honor Mr Justice Eichmond] Continued from Yesterday. arson. Thomas Eden (continued) . We could not see the breakwater from where we were sitting at lunch near the cart. We did not go to sleep after lunch bufc sat there talking. Palmer leffc us about half an hour after we got the matches to go and look for some cattle. Ha was away about half an hour. When he came back we were ready for a start. Edwin Fowler : I live at Spring Grove where I have been for 26 years. I have some land abutting on the river near the breakwater that was burnt. The effect of the breakwater has been to send the river straight down and into Palmer's land, some of which ifc has washed away. On the 30th November I saw smoke in the river bed between 12 and 1 o'clock. George Thorburn : I am a schoolmaster at Waimea West and have been so for upwards of 10 years. Oq the 30th November, I went with Palmer, Tomlinson, and Eden to the Wai-iti river. We got out of the trap and tied the horse up at Badman's Creek. Palmer went across the river to Fowler's. Eden and I went to the breakwater. We took a sketch of the river for Palmer. We left thereabout 12. Palmer came and joined us. We went together hack .to the trap. There was no fire at the breakwater when we were there. I did not see Palmer go near it. Sydney Higgins came by, and Eden got three matches from him, one of which he gave to me and used tbe others himself. Palmer left us for about half and hour and went through the bush. I don't think it was possible for him to get to the breakwater and back within the time he was absent. This concluded the evidence, and the counsel on both sides having addressed the jury, his Honor summed up, and the jury retired at 6 o'clock. After an absence of an hour and a half they returned, and wished to know whether it was necessary that they should be unanimous in their verdict. His Honor having replied that unanimity was required in criminal cases, the jury again retired. In about a half an hour they returned again, and on being asked for their verdict, - The Foreman replied that it was " Guilty." They had no doubt whatever that Palmer had destroyed the breakwater, but wished to know whether tbe verdict could be modified. v His Honor : That amounts to a verdict ot Guilty simpliciter, but what qualification do you propose to make ? The Foreman : We are of opinion tbat it was done to prevent the destruction of his own property. His Honor : Then it still remains a verdict of Guilty, because it was clear that he. did it intentionally, and it is no excuse that he, was desirous of saving- his own property.. A man is not justified in committing any act,. the necessary consequences

of which are to injure the property of another. The Foreman : We do not believe that his intention was to injure any one. His Honor : The law imputes to a moral! the necessary consequences oP his actions. We, that is a judgo and jury, may in a rough way consider that, he believed himself justified in such action, but he is bound to accept those consequences. „ The Foreman : We believe that his sole motive was the preservation of his property. After some further discussion, it was agreed that the verdict should be accepted with the rider attached, which his -Honor said -he should view as n strong moral qualification, although legally it was not so. A verdict of Guilty was then ordered fco lie rpcorded. . Mr Pitt would ask bis Honor to reserve verdict with the other points that had been raised. His Honor replied that he would do so, aod would reserve the arrest of the prisoner until the matter had been brought before tbe Court of. Appeal. He should bind him over in bis own recognizances of £50, and two sureties of £25 each, to come up for judgment when required to dosp. He did not fix the amount of bail at. a high sura because, although prisoner hud been guilty of a highly improper act, and one which deserved punishment, he did' not look upon it under all the circumstances as a very serious crime. It was one that should have been dealt with in a summary manner, and he would repeat his opinion that no inquest should have been held, os he did not think that the structure destroyed was one which came under the Coroner's Act of 1863. Tbe sureties being at once forthcoming, Palmer was. set at liberty. This Day. indecent assault. Levi James waa charged with committing an indecent assault on Mary Ann Burbuah, a woman 'of unsound mind. Mr. Fell appeared for fhe prosecution, and Mr Acton Adams for the prisoner. The evidence is unfit for publication. The jury retired at balf-past two, and after an absence of an hour returned with a verdict of Not Guilty. Tbis terminated the criminal sittings, and the Court adjourned until Friday, the 17th instant, when the case oi Symons v. Wilkie, the only case set down for heario|r, will probably come on ior trial.