THE NEWTON ARSON CASE. Conviction of McCaslin.

Te Aroha News, Volume IV, Issue 161, 17 July 1886, Page 3

THE NEWTON ARSON CASE. Conviction of McCaslin.

' Auckland, I 'July 14. The following concludes the evidence in the charge of arson against .George and Ann McCaslm for ' Setting fire to a house in .Randolph-street, Newton, on the 27th ult., which was heard yesterday in the. Supreme Court before His Honor Mr Justice Gillies : — John Mendoza, pawnbroker's aesistant, deposed that the female prisoner pawned two sewing machines and a pair ot earrings at his shop on the day before the fire. This was the case for the prosecution. Mr Cooper called the following witnesses for the defence i — William Imerson, residing in the Newton Road, heard the alarm of fire, went towards it, and on passing observed a fire at McCaslin's on the left hand side of the door. He stood and looked at it to ascertain whether or not it was a fire. He went to the house and called out. Had some trouble in waking thorn. McCaslin and his wife were fast asleep. His Honor : Don't try to prove too much ; you cannot tell whother they were asleep or not Witness : Went in and saw things on the clothes horse on fire. Caught up the clothes' horse. A small bundle of something was also on fire. A man came in and lifted the bundle, and it immediately flared up. He told the man to take it out. He did so in part, and ho (witness) pushed the fragments out with his feet. McCaslin and his wife appeared distressed abouc the fire. McCaslin was in his shirt and drawers, and his wife in her night dress. By Mr Gover : He could not recognise the man who was at the place. He did not notice anything particularly, as he wanted to get to St. George's Hall. He lost his meerschaum, and went back to McCa?lin's. Found the pipe on the verandah. Told McOaslin to look well round to see that all the fire was out. Did not use any water. By His Honor : He pushed very hard to get the door open. Could not tell whether it was a glass or wooden door. Hie Honor : And yet, you say, you pushed it open. Annie Neil deposed that ehe resided near McCaslin's Was awakened by the ringof the fire-bells. Got up and went towards St. George's Hall. When passing McCaslin'd house she saw Miss McCaslin putting out sparks with a bill-hook. Mrs McCaslin called out of the kitchen, "Annie, Annie, my house has nearly been burnt down." She went on to St. George's Hall Sometimes went to fires. She was acquainted with the McCaslins. Mr Gladding, re-called : Ran out one length of hose, and went into the house with the nozzle in his hand. Did not see a clothes-hor°e thrown over the verandah. Saw no wator in the room. Water might have been ueed. This was the case. Mr Cooper then addressed the jury in defence. His Honor summed up with great care, first directing the jury to discharge tho female prisoner She could not, at law, bo held responsible for an act of this kind, committed in the presence of her husband. Even if the wife had been seen putting a match to the bedding, the presumption was that she was acting under compulsion from her husband, and therefore way not responsible in law. He observed that Auck land juries required stronger prooi in cases of aison than of murder. Going o* r ev the evidence he asked the jury how could they account) for the rags and bed being saturated with kerosene if it were not designedly done, and with the knowledge of tho inmates of tho house. He also dwelt upon the fact? connected with the safe disposal of the children of accused. The jury found the maie prisoner guilty, and the lemale prisoner not guilty. His Honor reserved sentence till this morning Sentence of Seven Years' Penal Servitude. This morning George McCadin was called up for sentence, and upon being a>,ked whether he had anything to say why tho judgment of the Court should not be parsed upon him, said : Your Honor, I have been twenty-five years in Auckland, and I am as innocent as a child. I neither kerosened the rags nor lighted them. My great faujt has been a love ot drink. lam innocent. His Honor then said : George McCaslin, you have been found guilty of the crime of art-on, and, notwithstanding your protestations, the evidence was too strong against you, at.d there is little doubt that either you or your wile, or both of you, kerosened the rags and set the house on fiie The offence is a veiy .-erious one, and I cannot give you a lighter sentence than seven years' penal servitude.