RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 1117, 17 November 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker, Esq., R.M.) CHARGE OF ARSON. Agnes Nimon, a middle-aged woman, was charged with having, on the 23rd October, unlawfully, maliciously, and feloniously set fire to a fence against, the dwelling-house of one George Septimus Wood, with intent thereby to injure him. Inspector Thompson prosecuted, and Mr. Newton appeared for the accused, who pleaded not guilty. George §mart, a lad of 14 years of age, said he remembered being with a boy named Christopher Galbraith between 7 and 8 o'clock one evening about a month ago at the corner of Thames and Eden streets, near Dr. Fleming's. He aaw a woman standing at the fence of the premises belonging to Mr. Wood, fruiterer. He was not certain who she was, but he believed her to be Mrs. Nimon. He saw her strike a match and put it down at the fe,nce. It gave a fierce light. The woman tlieii walked away up Eden-street. He did not watch her to see where she went to. He ran over to tell Mr. Wood, and Galbraith went with him. He §av/ a man run to the place and pull down the palings and tramp on the fire. He examined the place afterwards and found kerosene on it.- -He remained at the place until Sergeant Beattie came up, and then went with hiift to. Mr-. Simon's house. On

Sergeant Beatty knocking at the do someone asked "Who is there?" jf' recognised the voice as that of Nimon. Sergeant Beatty said " A friend " and the voice replied that she would n\ open the door until she know who it w-u Sergeant Beatty then gave his name a' n d Mrs. .Nimon said, "You will not do'with me as you did with my son, Sergeant Beatty." After some time the servant again knocked at the door arid Million opened it. The j witness if that was the womaim \ replied that she was very much lit/" t Sergeant Beatty remarked that i Nimon's hands smelt of kerosene, andshl said that she had just been filling a kerosene lamp. Witness then gave evidence to having seen the defendant on the morning of the fire hit a daughter of Mr. Wood in the face and walked home again. He saw Mrs. Nimon on the morning after the tire, and she put her hand up to her nose and said Take that."

Cross-examined by Mr. Newton : "Witness said he had known Mrs. Nimon about two months. He saw the woman at that part of the fence nearest the house. His reason for believing it was Mrs. Nimon who he saw at the fence was that, she and Mr. Woods had had a row that day. He could not see sufficiently clearly to distinguish who it was. There was & kerosene lamp on the table when he went, into Mrs. Nimon's house. The womatu was two or three seconds at the fence. She walked away. He did aiot notice whether or not she had anything in. liar hand. It was nearly dark. Christopher Galbraith, aged fourteen, gave evidence of a similar nature to that given by last witness. The liame wns close to the corner of the house. The woman was about a yard from the house when lie saw her. She walked away up Eden-street in the direction of Reed' street. He did not know who the woman, was, but she looked something like Mrs.. Nimon.

In cross-examination by Mr. Newton, witness said he did not take any particular notice of the woman he saw walk away from the fire. He saw the flame spring up suddenly. He thought it was from the outside, but was not sure. Ho did not see the fire lighted by anyone. He did not know whether the woman had anything in her hand. He did not look at her very much. He was sure it was a woman he saw walk away.

Robert Smart, aged thirteen, stated that he saw the fire. The remainder of his evidence was not very intelligible, and certainly threw no fresh light upon thelire or its origin. Sergeant Beatty also gavo evidence confirming that given by the first witness, The evidence of .Mr. Wood and his - 1 -""liter, and Constable Cleary, having - Mr. Newton addressed the "Worship reserved, his,