RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5258, 30 January 1878, Page 3

RESIDENT MAGISTRATE’S COURT.

Tuesday, January 29. (Before J. C. Crawford, Esq., If.-M ) DRUNKENNESS. William Nicols, who was charged with drunkennes-, was discharged with a caution. ■ ' ASSAULT. Charles Hazard was charged with assaulting Constable McGrath. „ Prisoner was discharged, as the magistrate considered the evidence insufficient to warrant a conviction. • ; ALLEGED ARSON. John Pestridge was cha ged, on remand, with having on- the 16th inst., at Wellington, unlawfully, maliciously, and feloniously set fire to a certain house, being an indictable offence. - ;r ' ’ Mr. Izard appeared for the prosecution, and Mr. Travers fur the prisoner. The Crown Prosecutor intimated that he only purpo-ed calling two or three witnesses that day, arid would then as la for a remand until such time as might be convenient to bis worship. He then proceeded to narrate the circumstances which led to the present proceedings being taken. The premises burned were known- as the Railway Hotel, being situate at Pipitea Point. On the day in question prisoner was seen to leave the building, and immediately after flames were observed issuing from various parts of the structure. There was a strong smell of oil and tar, and the upper and lower storeys were both on fire. These were the facts of the case upon which he intended to rely for a committal. Robert Gordon, sworn, deposed : I am a carrier, and reside at Feather-ton. : On the 16th instant I came from Kaitoke by train. X had never seen prisoner before that day. On the afternoon of that day, when I returned to the railway station, I saw prisoner with Mr. Fenmsson, a person whom I had known for nine or ten years. They were standing talking at the comer of the house, theßailway Hotel, the time being about a quarter to three. They all went up to the Metropolitan Hotel, where they each had a drink, and on returning prisoner said, “You two are old mates, you can go aud have a yarn, and I will go and do a bit for myself.” I saw him go to the hotel aud open the door with a key. I went on to the platform, and ten minutes after accused returned and asked where Fergu.-son was. I told him he was at the back, and three or four minutes after we left by the train. Cross-examined ; Witness’s watch might have been five or ten minutes out in the time. Re-examined ; The hotel was situated close to the station, just across the road. John Smith deposed : I am a blacksmith, and reside in Wellington I recollect the 16th inst. I was working at the railway station on that day. About half-past three my attention was drawn to some persons running past, and I heard a cry of fire. I went over to the Railway Hotel and saw black smoke issuing from the roof. The fire appeared to be confined to the upstairs alone. I went back to the shop, and again returned to the fire in about five minutes. The fire burnt very rapidly. Cross-examined: lam not certain about the time, but I should think it might be about five minutes after half-past three. William Hebden deposed : I am a general dealer, and occupy premises near the railway station, which was burned down ori the 16th inst. No one lived there at that time. Thete were two buildings adjoining, one of which was occupied by Daniel Egan and the other by a man named Robin. Prisoner had been living in the hotel, which he kept as a board-ing-house, but had left there three or 'four days previous to the fire. I had been in the building several times, and was there a week before the building was destroyed. It was full of furniture as usual. Frances Mary Cbitsey said that on the 16th inst. she was living in a house close to the Railway Hotel. On the afternoon of that day she went into the road and saw prisoner leave the hotel by the front door. That would be about five or ten minutes before the train started. Accused went away by the train, and a quarter-of-an-hour after, while she was engaged talking to Mr. Hebden, she saw smoke issuing from the roof of the hotel. The smoke was then of a light color, but became very dense. A few minutes afterwards the building was enveloped in flames. Cross-examined : Both Mr. and Mrs. Egan were out that afternoon—a very unusual thing. They did not return until the hotel was burned down. At this stage Mr. Izard asked for a remand until Thursday, and objected to prisoner being allowed bail. The Court allowed accused bail, himself in £SOO, and'two sureties each of £250.