ALLEGED INCENDIARISM.

Patea Mail, Volume IX, Issue 1077, 24 August 1883, Page 2

ALLEGED INCENDIARISM.

; Committed, for Tidal, Joseph Gildon was brought up on remand, at the R.M. Court this morning, charged with setting fire to a stack of? straw, .the property of William Palmer, at Waverley, on the- 16th inst. Mr James prosecuted. Prisoner was undefended. . " , , . ‘: William Palmer*.--,. being called, deposed : I am a and butcher, residing at ’Waverley.: I know prisoner, who was in my employment between 18 months and two years. Prisoner, just before he left my place, was assisting in chaff cutting; he filled the bags for me. The last two days prisoner was in my employ I saw a knife in his possession ; it was a small pocket-knife. The knife produced is the one he had I know the knife by the cut on the handle. Prisoner deft my place between three andfour months ago. Prisoner left of his own accord, and said he would come back any. time I wanted him. About a month ago, in consequence of what my daughter told me I thumped prisoner on the road and told him not to come to my place again or I would give him in charge of the police. Prisoner made no threat at all. My residence is about 60 chains from the Commercial hotel, Waverley, towards the bush at the back of the township. I have a paddock further up the road on the opposite side of my house. I had a stack of wheat straw in the paddock ; it was all standing. I estimate the value at £4: O. The distance between the stack and the gate leading into the paddock would be about 2 or 3 chains. I last saw the stack safe outhe 15th August, the day previous to the fire. I woke about 3 o’clock on the morning of the J 6th and saw the fire. I could not form an opinion as to how long it had been'burning. I went out at daylight and found all the stack consumed. On my return home I picked up the knife produced about a chain from the scene of the fire. Constable Lister called at my place the same day. He had a pair of boots with him. The remainder of witness’s evidence was virtually the same as that given by Constable Lister, and which will he found below. John Edward Palmer : I live at Waverley with my parents. I saw prisoner about n fortnight ago. He was playing with one of ray brothers, and he asked me to have .a game. I told the prisoner to drop swearing, and said if he did not I would set the police on him. He then said ho would barn us out. I said he would get two years for it; and he said I

that was just what he wanted. He'feaid the stack would not stand their long; if it did he would drop down dead. When be mentioned the stack he pointed in the direction my father’s stack stood. I told my father the next morning what prisoner said. By the Court: Prisoner was not quite drunk at this time, I did not think he was in earnest in what he said. Prisoner did not wish to ask this witness any questions, as he had no recollection of anything that took place that night. James Brown : I am a carpenter, residing at Waverley, I know Mr Palmer’s house. My house is about h.-df-a-mile from if, and about five chains from the Commercial Hotel. I know the prisoner. He has been working for me since he left Mr Palmer’s employ. While he was working for me he slept in my wash-house, which is about sixteen yards from the dwelling. I remember Wednesday, the 13th instant. I saw him about 9 o’clock that night in my wash-house. He was not sober when I saw him. I told him to turn into his bed, and [ put some bags over him. He had his clothes on at the time. I was disturbed about half-past four the next morning, the 16th, when I heard a knock at the door. I asked “ Who’s there?” The prisoner replied “me,” and said, “ Let me in ; lam drowned out.” It was a very rough night. I did let the prisoner in, and told him to lie down on the sofa in the kitchen. He did not make any remark as to why he had been out. I observed the reflection from the fire that night, bat I do not know what time it was. The reflection was in the direction of Palmer’s house. Qn Sunday, the 12th, I saw the prisoner. 1 He was nt ray place. Prisoner said on one occasion *•’ He would have his revenge on Palmer. He would be another Dick Turpin.” He gave no reason why he used these words. By the Court: This conversation took place I think last Sunday week. On the morning of the 16th when prisoner came into the house his coat was drenched. I did not see anything with the prisoner. He wore BkJfcrf' boots. Those (produced) are the’oncs. By the prisoner: The building you slept in was not leaking on the night of the 15th. It had. leaked previously, but I liad repaired it. By the Court: It never leaked sufficiently to wet prisoner’s clothes, as I found them oh the morning of the 16th August., By Prisoner : You : threatened -to burn me out when you were -in drink ; also the Bank of New Zealand. By the Court : Prisoner is in the habit of making threats when drunk. I did not attach any importance to these threats. Ellen Brown: I am the wife of Janies Brown, the last witness. I know the prisoner, I saw him in oiir kitchen on Sunday, the 12th August. Prisoner asked me if 1 had • seen Palmer; - and if they were saying.fanything about him. I" said “ No.” He said if Palmer didn’t make np with him (prisoner) within a mouth he would have his revenge. He said also that Palmer would find him u second Dick Turpin. I told him to hold his tongue, or .he would be taken np for threatening language to which, he replied that he did not care as he would as soon be in gaol as anywhere else. He also said that he would make Palmer a ruined man, ; and that Palmer was the man who showed him how easily could be done. He did not assign v any reason for threatening Palmer, He was sober /at the time, and said he was going to churpb* 1 had heard, prisoner several times before this use threats'. Prisoner was in our place on the night before the fire. He broke some wood in the afternoon, and left our place 'about four, 1 saw prisoner using a 5 knife, he was cutting - tobacco ; with it; V. I did not particularly notice the knife, which .ray son so|d the prisoner some time ago. That: (produced) is the knife, On the morning of the 16th, Constable Lister handed the knife to me, and asked me if I knew it. I showed the knife to the prisoner, who was at that time at the Commercial Hotel, I - asked him if he had lost his knife and he said ‘lyes.” tasked him where, and he replied, “ Mrs Price’s.” I ashed him also what he would give, to the finder, and ’he said he would give » shilling, and asked me if I fonnd it, but I said, “ no, a gentleman found it.” I then went td the Constable' and told him the prisoner had lost his knife. Prisons r was with me when I spoke to the Constable. Constable Lister said, “ lucre’s; your knife Gildon,” but prisoner said “no.” The Constable then arrested him.

By prisoner: There was always a leak in the wash-house, but not sufficient to drench; You told the that you would freely give £2O to make peace with Palmers. You asked me if they were ever likely to be friends, and I said they might be if you kept respectable, and away from drink. I have known you about 15 years. You Were always in the habit of taking drink, but I never knew you to do anybody any harm. James Brown : I am the son of James Brown who was examined this morning. I know the prisoner; He has been working for my lather. I sold him a pocket knile about 3' months ago. I tried to cut J on the handle of the knife before Isold it. I recognise the knife produced as the one I sold him. I last saw the knife in prisoner’s possession about 4 o’clock on the afternoon of the 15th, when he was sitting at the bead of our table cutting tobacco. This was the night before the fire. By prisoner : I saw you cutting tobacco with the knife. It was not an old razor you had. John Hainan : I am a teacher of music and dancing. I was staying at the Commercial Hotel on the night of the 15th last. I retired to bed about half-past two. I was sitting up on account of having the asthma. The back door of tjie hotel was unlocked when I was sitting up. I bad a light burning. I saw the prisoner about two o’clock, whenjhe came into the sitting room where I was. He was fully dressed. I did not see a bag or sack with him. It was fair just then, but

it had bven showery all theevening. Prisoner looked dry then. He appeared perfectly sober, and spoke quite rationall}’’. He asked me if there was any chance of getting a drink. I replied that Mrs Price had been to bed a long time, that it was two o’clock in the morning. He stayed about a quarter of an hour. He took a pipe out of his pocket and lit it. He then left. Prisoner hero asked permission to pass a note to Mrs Brown, saying it was in connection with business, and had nothing to do with the case. The permission was granted on its being seen that there was no reference to the case contained in the missive. David Lister: I am a constable stationed at Waverley. I was informed with respect to Mr Palmer’s fire about 8 o’clock on the morning of the 16th. Mrs Palmer gave me a knife which has been produced. I subsequently saw Mrs Brown opposite the Commercial Hotel. I gave her the knife, and I saw her go towards the prisoner who was near the Commercial Hotel, I could see that they were conversing together. I walked up to them and saw the knife in Mrs Brown s left hand. I asked the prisoner if the knife was his property but lie said, “ No, I know nothing about it.” I asked him where he had slept the previous night. Ho said at Mr Brown’s. I charged him with setting fire to the stack of straw on Mr Palmer’s farm. He made ho reply. I said, “ Come along with mo to which he replied, “ All right.” I took him to the lock-up and searched him, and found a small tin box with some matches in it, pipe and tobacco, and the blade of an old razor. I took his boots off—those produced—and went to Mr Palmer’s house with them. Mr Palmer and I went to the paddock near the scene of the fire. In going to the gate of the paddock I saw large boot tracks going towards the paddock. I compared the bools with the tracks, and found that they corresponded in length, shape, and breadth of the tread ; the sole of the left boot was broken, and this was shown by the impression on the ground. 1 made impressions .with the boots along side those on the ground, and they corresponded exactly. The last track approaching the gate was very clear. The State of the soil close to the gate was very sloppy—too sloppy for any impressions to;ghow. After passing through the gate, I saw two more tracks between the scene of the fire and the, gate. They V the same as the others, but werßfoding out. B stweeh the last impression and the fire the ground is grassy, and so would not lake impressions. Mr Palmer pointed out a spot where ho said be found a knife. This spot was within sixty-six feel of the stack which was destroyed. ■ This was the case for the prosecution. Prisoner reserved his defence, and was committed for trial at the next sittings of the Supreme Court in Wanganui.