CRIMINAL SESSIONS.

Te Aroha News, Volume IV, Issue 160, 10 July 1886, Page 7

CRIMINAL SESSIONS.

(Continued from page 4.) Arson. — Robert Featherstone pleaded not guilty to a charge of wilfully and feloniously setting fire to a stable at Tokotoko, on the 2nd April, the property of Charles J. Clarke.— Mr Theo. Cooper for the prisoner. - Mr Gover stated particulars — Cfiarles John Clarke, settler at Tokotoko, Kaipara, deposed that on the morning of the 2nd April four men, of whom prisoner wae one, came to his house. The prisoner was shortly ejected by prosecutor's son on account of his disgraceful conduct and obscene language. Prisoner was not absolutely drunk The family retired to rest at ten o'clock Prisoner continued to use bitter language outside the house, and swore he would set tire to the hou^e and roast every inmate. He treated his threats as idle, but the family were afraid to go to sleep. He got up about one o'clock in the morning to look for the steamer. About half an hour afterwards his stable was on fire. He did not ccc the prisoner. The stable blazed with great fury, and was down in less than half an hour. The stable contained old cutter sails and a large quantity of chaff. Heard footsteps in quick succession going towards the bush. About 7 o'clock that morning the prisoner came to find his hat. — By Mr Cooper : Did not keep an hotel, but there is an hotel a. Bhort distance from his house He had eeveral lodgers that night, three Austriana, an Iriahman, and a Frenchman, and the prifaoner and his friends. The prisoner drank two bottles of beer and appearod sober. He was never on friendly terms, nor yet ac eumity with the prisoner. He felt that piisonet was bent on mischief. — Robert Clarke, Luke Torane, George toanders, and Constable Scott gave similar evidence, but no one saw the prisoner commit the act, and the jury found a verdict of " Not guilty.' — His blonor, in discharging the prisoner, said the jury had taken a very favourable view of the case, more favourable, indeed, than he ahoulu have taken. Sentence.— Thomas Hind Toppin, who was found guilty of uttering a forged order for payment of money, was sentenced to 18 months' imprisonment with hard labour. Lakceny.— John Hughes and William Cole were arrainged upon an indictment charging them with stealing on the Ist of April last, sundry bottles of whisky and othor spirits, the property of Mr Lennan, at the Wade.— Hughes pleaded guilty to receiving a portion of Hie liquors, and knowing them to have been stolen. Cole pleaded not guilty. — Mi* Gover, for the Crown Solicitor, opened the case for the prosecution. The evidence appears as under : — Michael Lcnnan, hotelkeeper at the Wade, deposed that he received several cases of whisky, schnapps, etc., on the last day of March ; they wore placed in the warehouse. He noticed the windows broken on the 2nd April, the warehouse was locked, «.nd the key in the door. He missed thiee coses. He immediately telegraphed to the captain of the Vivid ; he aleo sent to Constable Hutchinson, and from information received, a watch was kept all night. Mrs Foley found a bottle full of whisky. Went to a hut where the prisoners lived They wore both lying down, and some of his labelled bottles beside them. Had seen Cole loitering about the hotel j some days before the robbery. He was intoxi- [ catcd when arrested. (Invoice of goods produced.) The cases were found in the bush. Cross-examined by the prisoner Cole : Did not sco you steal the goods. — By the foreman : A person coxild have got into the warehouse by the window.— Patrick Walsh, employed on the Vivid, deposed to convoying to the Wade wharf, on the 31st March, seven cases of spirits, four 18 gallon casks of ale, and a bag of biscuits, as per invoice. — Alexander Marshall, engineer on the Vivid, deposed to assisting- in rilacing the cases in the warehouse. —Bridget Mary Foley, sister to prosecutor, deposed to finding a bottle of whiskey and a bottle of gin, and two of the cases, partly emptied, in a secret place in the scrub, about a hundred miles from the hotel. She told her brother. By prisoner : OBrien claimed one of the bottles, he Baid he had bought it. By the foreman : Did not tee Cole in the bush.— Thomas Boucher, a gumdigger, was at tho Wade at the time, and assisted in unloading tho boat. Prisoner's whare was about 200 yards from Lennan's wharf. Knew the prisoner Hughes. Hughes said " Now, Tom, keep dark, and you shall have a drop." He had a good share, and said, that is, to his own heart, '* Tom, this is stolen drink." (Laughter, which was immediately suppressed.) John Davis deposed to visiting Cole in his hut several times, partook of whiskey out of a pannikin, and gave two shillings towards it. Saw tho whiskey poured from a bottle three parts fulL Had no idea that it was stolen. A man named Michael OBrien, and a Maori were in the mess. Timothy Foley, bushman, deposed to finding a portion of the stolen property. Constable Hutchinson, stationed at the North Shore, went to the whare, and asked Cole to get up as he was about to be charged with stealing liquors. He said he would not get up. He arrested him. This was tho case for the prosecution. Prisoner wished to call the prisoner Hughes, which h*is Honor permitted. By the prisoner: First met you at Warkworth. # You were poorly. Your object in staying at the Wade for a few days was th&t you might sufficiently recover to go to the Hospital. —By His Honor : Saw the man Boucher and the man Davis in the whare. Did not see Cole drink. Got the koyof the whare from Maurice Kelly. — The prisoner Cole, apparently an intelligent young man, then addressed the jury at some length, and Mr Gover replied. — His Honor summed up and remarked that the suspicion against the prisoner was not strong. Tho chief evidence was that of Bouchor, and the jury would consider it, and if they had a doubt as to prisoner's guilt, they would give him tho benelit of |that doubt. Unlawfully Wounding.— Mary Ann Dixon was arraigned upon an indictment charged with unlawfully and feloniously wounding Henry Power with a pair of scissors, on the 16th June. —Mr Gover stated particulars which have already boen published in the Star. ~ Tho prosecutor deposed that his proper name was Henry Pow£r. On tho evening In question he went to tho house of a man named Tom Foley, in Bacon's Alley, off Chancery Lane. There wore several women there. Ho went there to got Catherine Cumming away. She' was prisoner's daughter, with whom he had cohabited for flvo yearo. Several woinon were behind him, and while he was, in the act of pulling her someone inflicted a wound at the back of tho oar. He did not reel tho blow much, blithe fell down and Dr. Haines deposed to leing called to sco proaecutor,. He examjtaed flxe .wound, stitched it,

and ordered his removal to the hospital.— Walter Egginton, a sailor, was called into Folojr's houses b:nM'iss Curtis. So-w Power trying to lug the -pvsonor'B daughter away. 'Sne was reluctant: • The- old woman -then itogo to h— . She had a knife in her hand, and was cutting tobacco Jon $he table. She made interfered. The ,_ daughter told Power rush at Power, and' Power fell "down, and the blood ran freely from tho back part 'of his head. He pickod up the scissors. <Mrs Dixon said she had done it, and would do it again Mary Ann Edwards, alias Curtis, gave similar evidence, but did not see the assault. Sergeant Kiely deposed to going to Folcy's house, and finding Power in tho state described; several women were present. Lotitia Hughes and Kate Cumming were A r ery drunk. To prisoner : Power pointed to you and said " You did it. and I'll make you suffer for it."— Prisoner would like to call Letitia Hughes it she could be got Jtroni the gaol. His Honor briefly summed up and, enumerating tho few points, left the case in the hands of tho jury.j ury. Larceny.— Robert Kearn, alias John Harris, was charged with larceny of gold watches, etc., from thouwclling-houso of Adam Cairns on tho 26th of May, tho ppoporty of John Thompson.— The prisoner pleaded noi. guilty. The prosecutor, John Thompson, deposed that ho was staying at the Star Hotel. Alber -street, on the night of the 26th July. He retired to rest at 11.30, and placed his watch and chain on tho dressing table between tho two windows of the sleeping room. Early in the morning ho heard the Venetian blinds rattle, but thinking it was the wind, went to sleep again. When ho awoke in the morning he felt a di*aught from tho partly open window. His watch and chain were worih about £20. —James Rae, pawnbroker, advanced 30s. on the watch, which was brought to his shop by tho prisoner, at G o'clock the same day. — Detective Walker arrested the prisoner on tho chargo, He said, " Walker, you must be dreaming." Acting-Detective Herbert produced the watch and chain. The watch and chain might easily havo been reached from the outside. Prisoner said some unknown person met him and offered him os to pawn the watch and chain, otherwise he was innocent His Honor, m summing up, considered the prisoner's atory a very improbable one, and the jury found tho prisonor guilty of stealing tho rroperty. Sentence— six calendar months. Stealing from tub Ferson. — Samoa Keenuu was charged *with v stealing a gold wafceh, gold chain, and a. silver watch anrl chain from the person of John Bum?', — John Burns (the prosecutor), George Fred. Taylor, Mary Har/ison, Margaret Bedford, Sergeant Kioly, and Detective Tuohy gave evidence which told btrongly agaiott the prisoner, and bis Honor having summoned up, the jury found prisoner jjuilty. — Two years' imprisonment with hard labour. Uttering a Falsk Cheque.- Ch irles Fulmer was clitrtfedwith uttering v, /alae cheque for the sum of £9 10s, with iutet't to dufrau j. on the likh of June After evidence had beeu adduced, the urisonor made an address to the jury, and spoko o£ drunkenness as bis exjuae for cominiuing iho offence. The jury fouud the prisoner guilty, and His Honor sentenced him to three yeara' pinal servitude. Arson — James Kay and Alice Kay were charged with wilfully setting fire to a dwelling house, at Tauranga, on the 11th of May last, with intent to defraud the New Zealand Insur ance Company. — The prisoners pleaded not guily. — Mr Theo. Cooper appeared for the prisoners, and Mr Gover conducted the prosecution. — William Campncy, cordial manufacturer Durham-street, Tauranga, doposed that, on the evening of the 11th May, he heard Mrs Kay screaming "Fire ! fire ! " He went with George Wrigley to Kays house, which was on live. Entered by the front door, and saw the lire blazing tiom the right-hand corner of the room. The tire burnt from the skirting to the ceiling, but did not extend to the lire-place, lie and Wrigley carried in a tub o£ water and put it out. Mr Kay left the room, and presently another fire broke out in the bedroom, did what they could and left Kay'sihousc. About tw enty minutes after another fire broke out at Kays, the roof this time being in full blaze ; assisted Mr Mclntosh with several others. N either of the prisoners lent a hand.— George Wnglcy corroborated the statement of the previous v% itness, and in addition deposed that he saw the bed in flames quite apait from the walls ; lie also saw a cloth or sheet on iire which covered a box. He found quantities of things in Kays garden, a lot of knives, torks, and spoons hidden n the parsley bed. — James Campncy. brother of ho fii&t witness gave similar testimony.— Alice Mclntosh also go,\ c evidence. — Asher Ashor, of Tanranga. deposed that he examined the premises alter the lire, and considered there was no connection between the several breakings out of tho fire; the fire-place was of brick. In a cupboard he found some chips and other material which smelt ot kerosene. Mr Kay and the other witnesses were at the house when he examined it. By Mr Cooper : The fire was quite out when he examined the premises. He took measurements and particulais of all the rooms (produced). He found several things planted in the gardenfolding chair, a metal teapot, knives and forks. The things had not been disturbed. The Rotorua eruption had not occurred. He estimated the value at £10. Believed that Kay was a smoker. He found a rag which smelt of kerosene. Was requested to make the examination. ISbcnc^er Gordan Norris, Agent for the New Zealand Insurance Co. insured the house for £10 and produced the policy ; the furniture was insured for £35. Kay had in sured for many years. The property was well worth the amount, but on Inspecting the furniture subscquegt to the fire, he found that the furniture was far below that amount. He should certainly have paid had there been no suspicious circumstances surrounding the fire.— George Robert Musgrave, a carter, deposed to carting goods to the auctioneers trom Kays in, January last — Charles Francis Hulme, auctioneer, deposed that he sold a sack of onions, meat safe, an oven, and a few other things, for Mr Kay on the 9th of January. — Constable Jonas Abrams, on hearing of the fire, went to the house. Ho described the condition of the premises. This was the case for the prosecution. In this case, tae jury returned a verdict of " Not Guilty. '

Sentences. -The jury found prisoner, Wm Cole, nob guilty, and he was discharged. — John Hughefc, who pleaded guilty to receiving, was sentenced to six calender roonths'imprisonment. — Mary Ann Dixon waa found guilty of assault by etabbinec, and was sentenced to six months' imprisonment. •