SUPREME COURT.

New Zealand Times, Volume XXXII, Issue 5158, 3 October 1877, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Tuesday, October 2. (Before his Honor Mr. Justice Eichmond), SENTENCE. Frederick Gillan, who on the previous day pleaded guilty to a charge of rape, was brought up for sentence. His Honor said he had no information about the case further than was supplied by the depositions. The prisoner had been guilty of a most outrageous act, a crime, he was sorry to say, which was too frequent, and against which the public must be protected. He would recognise that it was something in prisoner’s favor that he pleaded guilty. It was his duty to inflict a severe sentence. The sentence of the Court was eight years’ penal servitude; the prisoner to be once privately whipped with the instrument known as the “ cat,” and to receive twenty-five lashes. ARSON. Daniel Haggerty pleaded not guilty to a charge of having set fire to a house at Carterton on the 23rd of June last. Mr. Allan defended. Mr. P. A. Buckley proved that a judgment had been issued at the instance of Thompson, Shannon, and Co. It had been given to the sheriff to execute, and witness saw an advertisement in the paper announcing the sale of Haggerty’s property. He had heard that the accommodation house which was burnt down was situated on the laud advertised for sale.

J. D. Lord, clerk in the Stamp Office, was called to prove that a mortgage had been effected upon the property. Witness was clerk in Izard and Bell’s office at the time.

I'. W. Woods, auctioneer’, of Greytown, deposed that he sold a property belonging to the prisoner on the 23rd June last. The sale was fixed for twelve o’clock, but owing to the conditions of sale not arriving in time it was postponed till three. Witness received instructions to sell from Mr, Warded. About a quarter past twelve on the day of the sale he received word that the accommodation house was burned down. Some time before the sale Haggerty said to witness that he should not soli the property. On being asked the reason, he said he had written to Mr. Roxburgh, of the firm of Nathan and Co., to advance money to pay off the amount due on the property. William Bickerataff, a farmer residing at Carterton, stated that he was the owner of the section adjoining Haggerty’s accommodation house. Saw Haggerty on the morning of the fire. He was standing behind a new wing he had added to the house. That was about ten o’clock. He then saw Haggerty go down a

branch road, and after some time return to the house. Prisoner again left, and rode on a grey mare up the main road. About threequarters of an hour afterwards witness saw smoke issuing from the accommodation house. The fire was in the new wing. "Witness and others went into the house, and the fire appeared to have originated in a cupboard. It seemed as if a fire had been built up in three recesses of the cupboard, and there was a strong smell of kerosene. There was no fire in the chimnies, nor had there been for months. The stable caught fire from the house, and was also burnt down. Haggerty came back on the grey mare when the house was burning. He did not dismount, and was taken in charge by the constable. In one of the rooms witness saw what appeared to him to be wood built up for a fire. He did not remain ]onr<- at the fire, as he left to protect his own house, as the wind was blowing from the direction of the fire. Joseph Aplin, farmer, of Carterton, deposed that he saw prisoner about 11 o’clock on the morning of the fire close to the new wing of the accommodation house. Haggerty was on a grey mare, and was going away from the house. Witness first saw the place on fire at about a quarter past 12. The smoke was coniine out of (he eaves of the new wiug. Witness burst one of the doors open, and he and Mr. Barlow entered the new wing. He saw a fire under the stairs. Half a bucket of water would have put it out when witness first saw it. He went across the road for water, but when he came back the fire had gone ahead. Witness did not notice any smell of kerosene in the building. Evidence was given as to an insurance policv having been issued on the building burned down. . . Robert Hooper, a young man living with his father at Carterton, deposed to seeing Haggerty, about half-past 10 on the morning of the fire, coming from the hack of the accommodation house. E. S. Alder, blacksmith, of Carterton, said he saw Haggerty on the day of the fire at his smithy, between 10 and 11. He remained about an hour and a half. He said he was waiting for Mr. Wardell. They all saw the fire, but Haggerty did not leave for it at once. Some one said that it was Haggerty s accommodation house, but prisoner said he thought it was not. He afterwards said he believed it was, and added, “ What will I do now ? Another witness, who was in the smithy at the time, was examined ; but his evidence did not differ materially from that of the preceding witness. Mr. Bickerstaff, wife of a previous witness, deposed that she saw Haggerty, about a week before the fire, cutting wood _ behind the accommodation house, and carrying inside. She saw no smoke coming from the chimneys. She did not see Haggerty on the morning of the fire. Martin Connor, constable, deposed that when he arrested Haggerty he admitted that he had been in the accommodation house that morning, and two or three times the day before. Pound several keys upon him, and a wooden tube, which was strongly impregnated with kerosene. After Mr. Bell had addressed the jury for the Crown, and Mr. Allan for the prisoner, his Honor summed up. The jury being unable to agree were locked up for the night.