SUPREME COURT—CRIMINAL SITTINGS.

New Zealand Times, Volume XXXIV, Issue 5706, 14 July 1879, Page 3

SUPREME COURT—CRIMINAL SITTINGS.

Fbiday, July 11. • . (Before his Honor the Chief Justice.) THE STABBING CASE. Antonio Bittosi, the Italian who was convicted the previous day for cutting and wounding, was remanded ’ for sentence until Tuesday. ' ABSON. Sarah Phillips (who appeared in the dock with an infant in her arms) was placed- on her trial, charged upon four counts with having, on May 11, maliciously and feloniously set fire to her house at Kaiwarra, the counts charging her—first, with intent to defraud ; second, intent to defraud the Equitable Building Society ; third, intent to injure ; and fourth, intent to injure the Building Society. „ Prisoner pleaded not guilty, and' was defended by Mr. Buckley. All witnesses were ordered out of Court. • Mr. Bell opened the- case at some length, and detailed the circumstances connected with the fire, which are already well known, and may be briefly stated as follows The father of prisoner had conveyed to her a piece of land atKaiwaTra,and,this had been mortgaged to the Equitable Building Society to secure the sum of £125, the principal and interest being re-paya-ble in monthly instalments of £4 Bs. Sd. for 3 years. The mortgage was effected in October, and only one or two instalments had been paid up to the date of the fire. £l3O was due on the mortgage. . The property was insured in the South British Company for £l5O, the furniture being insured for £IOO, these sums, if recovered, being sufficient to clear off all debts and leave over £l6O to the good. The fire took place some time before 1.30 a.m. on Sunday,:;May 11. , At 10 am. on the'previous day prisoner had left Kaiwarra with' her children, and had been driven to the Lower Hutt by her brother, Alphonsus Rush, it being contended for the defence that prisoner had gone to the Taita to her father’s house. Mr. Bell would, however, show by a chain of evidence that prisoner had taken a ticket at the Lower Hutt and returned to Kaiwarra, arriving there at 11.55 p.m. on Saturday, her identification being rendered easy from the fact that the' tickets to Kaiwarra were seldom used, consequently the original tickets were still in stock, these having a red band across them. Mr. Bell also referred to the two.previous occasions upon "which this house was on fire, when prisoner explained the circumstances: by stating that the rats had taken a box of matches. Mr. Stafford, solicitor, proved the deed, which he produced,; of the property at Kaiwarra, which was part of No. 3 harbor district. The attesting witness had gone to England.—

Jaa. Joseph Devines, a clerk in the office of Buckley, Stafford, and Fitzherbert, also proved the mortgage of the same property to the Equitable Building Society.—David Picton Davies, surveyor, proved a plan of the property, which was also put in.—Alfred Boardman, of the South British Insurance Company, deposed to the insurance in his office for £l5O of the house at Kaiwarra. This witness was examined at some length.—Mr. Mansford, 8.M.,

proved the signature of Mrs. Phillips to the deeds.—The circumstances connected with the fire were deposed to by J"abez Chapman, a resident of Eaiwarra, Emma Chapman, and several other witnesses, the evidence of Mr. Wallace and Mr. Thompson being also taken as to the insurance.upon the furniture. The case for the Crown was concluded at 6.30, when an adjournment was made for an hour. On the Court resuming the following witnesses were called for the defence : Alphonsua Bush, brother of the accused, deposed having taken his sister to his father’s ; house at Taita. She was never out of his! vehicle daring the. journey, and they had tea together at Taita. She never left the house that night, but they were playing the piano and singing together during the evening. She remained there until Monday. ,' She had breakfast 1 at Taita on Sunday morning. This witness was cross-examined at some length by Mr. Bell, and a'deal of time was wasted in consequence of his prevarication. The parents of the prisoner also deposed to their daughter being at their bouse on the night of the 10th of May. , She remained there until Monday. ( ; Several other witnesses having been heard ‘ for the defence, Mr. Buckley addressed the ' jury, after which Mr. Bell replied. His Honor summed up'at some length, his address not being concluded until nearly 2 a.m. After a short consideration the jury returned a verdict '’ of riot guilty. The accused was therefore discharged. i In consequence of this verdict a nolle progeqtii .was entered in the case ; of Begina v. - Alphonses Bush, perjury. The Court then adjourned till Monday, when a fresh panel of jurors will be sworn in to try the remaining cases.