THE WAVERLEY ARSON CASE.

Patea Mail, Volume IX, Issue 1104, 26 October 1883, Page 3

THE WAVERLEY ARSON CASE.

At the Wanganui Supreme Court on ’Wednesday', before His Honour Chief Justice Prendergast, Joseph Gildon was indicted for the arson of a stack of straw, the property of Mr W. Palmer, Waverley. Prisoner, it will be * remembered was brought up before the R.M. here on the 24th August, and committed for trial on the charge.

Prisoner was undefended. Mr Allison conducted the prosecution, and called William Palmer, the prosecutor, who said that prisoner had been in his employ but had left shortly before the fire, of his own accord. Prisoner afterwards wished witness to take him back, but witness refused. Prisoner again came, but witness “ thumped” him out of the place. Witness discovered the stack of straw which was in a paddock opposite his house to be on fire about 3 o’clock oh the morning of the 16th August. On witness going, to examine the stack, he found a knife belonging to prisoner. Witness visited the place again with Constable Lister who brought a pair of boots belonging to prisoner which fitted the bootmarks on the soft ground. ) James Brown stated that on the night of the fire prisoner, who was working for witness, and who was drunk, laid down in witness' washhouse. About half-past four la the morning prisoner knocked'at the bkekdoor of witness' bouse and said ho was drowned out. Witness told him he eould lie down on the sofa in the kitchen. Previous to that witness had seen the flare of the fire. The night was very wet. risoner had threatened to burn Palmer’ out but witness had not taken notice of it.

' Mrs Palmer, the wife of the last witness) gare evidence as to prisoner admitting that the'knife'picked up by the prosecutor was ibis. Prisoner stated he lost it at the Commercial hotel.-Jobn-Caluan stated he resided at the Commercial Hotel, Waverley. About 2 o’clock, on the morning of the fire prisoner came into the parlour in which witness was and asked if .there was any chance of getting a drink. Witness replied that Mrs Price had l gone to bed a long • lime before.- Prisoner then went away. ' ' Constable Lister, stated that the prisoner had- denied that the knife found by the prosecutor was his. Witness, after arresting prisoner, , took his boots off and found that they exactly fitted tracks found in the paddock in which.the,stack was. standing. v defence the prisoner rend a ~l£X|tten statement denying the offence, an£*. pleading his good character and desire to establish a friendship with the prosecutor, i.n support of his innocence. He also, stated that he was a vegetarian, and had a great objection to taking life of any sort, and was therefore not likely to be guilty of arson. His Honor summed up, and aftcran' absence; 6f nearly 2 hours and a half, the' jury returned. The Foreman stated they were unable, to agree. They again retired and returned a verdict of guilty, recommending the prisoner to mercy*, however, on acconnt of his previous good character.

His Honor deferred sentence till next day, when prisoner was again brought up. Ho said he left , the matter entirely in the hands of the Court, and nsked that his previous good conduct might he considered. His Honour sentenced the prisoner fo the minimum penalty the law imposed, viz., two years imprisonment with hard labour.